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Full-Text Articles in Social and Behavioral Sciences

Admissibility Of Computer-Generated Evidence In Nigerian Court Of Law: Implications For Law Libraries, Wisdom Okereke Anyim Sep 2020

Admissibility Of Computer-Generated Evidence In Nigerian Court Of Law: Implications For Law Libraries, Wisdom Okereke Anyim

Library Philosophy and Practice (e-journal)

The paper reviewed the inclusion of computer generated evidence in Nigerian court of law with respect to its implication for law libraries. Attention was given more to the e-library system which generates and disseminates legal information via electronic format. It was revealed that the new Evidence Act 2011 having incorporated Admissibility of Statements in Documents Produced by Computers which was not specifically provided for in the earlier Evidence Act 2004, presents opportunities to the law library leading to expansion of its scope and integration of e-system, platform for online Alternative Dispute Resolution, face to face and virtual services, Ask-a-Librarian and ...


Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber Sep 2020

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that strategizing ...


Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe Jun 2020

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they ...


Spring 2020 Newsletter: The Docket, Emma M. Wood Apr 2020

Spring 2020 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2020 issue of the UMass Law Library Newsletter, The Docket.


Fall 2020 Newsletter: The Docket, Emma M. Wood Jan 2020

Fall 2020 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2020 issue of the UMass Law Library Newsletter, The Docket.


Judging Risk, Brandon L. Garrett, John Monahan Jan 2020

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such ...


Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra Jan 2020

Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra

All Faculty Scholarship

Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage ...


The Paradox Of Contracting In Markets, Robert E. Scott Jan 2020

The Paradox Of Contracting In Markets, Robert E. Scott

Faculty Scholarship

Contract design that motivates parties to invest and trade more efficiently occurs primarily in thin markets characterized by bespoke, bilateral agreements between commercial parties. In that environment, the cost of producing each contract is relatively high. Those costs are justified by offsetting design improvements in contractual incentives. In contrast, more efficient production of contract terms occurs in thick, multilateral markets where parties can realize the scale advantages of standardization. In this environment, the cost of producing individual contracts is relatively low but at the offsetting cost of undermining contractual incentives. These very different trade-offs are dictated by changes in the ...


Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus Jan 2020

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

Justice Sotomayor just took sides in the debate over Puerto Rican decolonization. It happened when no one was looking, on June 1, 2020, in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, a case involving an Appointments Clause challenge to the mechanism for selecting the members of the Financial Oversight and Management Board for Puerto Rico (“FOMB”). Although the Court unanimously upheld the appointments, Justice Sotomayor wrote separately to address an issue not raised by the parties, but directly relevant to a bitter, longstanding, and high-stakes political debate: the debate over Puerto Rican decolonization. According to ...


Covid-19 And Lgbt Rights, Suzanne B. Goldberg Jan 2020

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2 ...


Executive Summary On Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling Jan 2020

Executive Summary On Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Coffee, the world’s favorite beverage, provides livelihoods for at least 60 million people across dozens of countries. Yet this beloved drink is experiencing a sustainability crisis. A sustained decline in world coffee prices has squeezed coffee producers, and thrown a tremendous number of producers below the global extreme poverty line of US$1.90 per day. This briefing note presents our research into sustainability within the coffee sector, including the results of our analytical and empirical modeling, and provides several recommendations.


Catching Killers With Consumer Genetic Information, Angela Hackstadt Nov 2019

Catching Killers With Consumer Genetic Information, Angela Hackstadt

University Libraries Faculty Scholarship

In April 2018, Joseph James D'Angelo was arrested as a suspect in the Golden State Killer case. DNA evidence collected at a 1980 crime scene finally shed light on the murderer's identity in early 2018 when investigators turned to GEDMatch, a service that allows users to upload and share DNA data obtained from consumer genetic tests. Consumer genetic testing, DNA collection, and familial DNA searching all raise ethical and privacy concerns. If investigators are using genetic genealogy to solve cold cases, where does that leave consumers?


Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan Nov 2019

Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan

Theses from the College of Journalism and Mass Communications

The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues ...


Lawyers And Law Graduates In Parliaments As A Consequence Of Smd Electoral Systems: Comparing Japan, South Korea, And Germany, Devin K. Joshi Nov 2019

Lawyers And Law Graduates In Parliaments As A Consequence Of Smd Electoral Systems: Comparing Japan, South Korea, And Germany, Devin K. Joshi

Research Collection School of Social Sciences

This study addresses the question of why so many of the world’s legislators are lawyers or law graduates. Drawing from previous studies on lawyer-legislators and electoral systems, it develops the argument that ‘first-pass-the-post’ single-member district electoral systems presume a principal-agent logic of representation and are therefore conducive to political parties selecting representatives with either occupational experience or educational training in the field of law. By contrast, proportional representation (PR) elections presume a microcosm model of representation incentivizing parties to select candidates representing diverse demographic and occupational backgrounds. This conjecture is tested by examining legislator backgrounds in three large parliaments ...


Fall 2019 Newsletter: The Docket, Emma M. Wood Oct 2019

Fall 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2019 issue of the UMass Law Library Newsletter, The Docket.


Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling Oct 2019

Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Coffee, the world’s favorite beverage, provides livelihoods for at least 60 million people across dozens of countries. Yet this beloved drink is experiencing a sustainability crisis. A sustained decline in world coffee prices has squeezed coffee producers, and thrown a tremendous number of producers below the global extreme poverty line. This report presents our research into sustainability within the coffee sector, including the results of our analytical and empirical modeling, and provides several recommendations.


Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran Sep 2019

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation ...


School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University Jul 2019

School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University

SMU Corporate Reports

The Annual Report highlights the School of Law’s modest achievements and developments over the past year, as well as the substantive impact of these initiatives.


The Law Of Crime Concentration In Midsized Cities: A Spatial Analysis, Hannah Ridner Jul 2019

The Law Of Crime Concentration In Midsized Cities: A Spatial Analysis, Hannah Ridner

Masters Theses & Specialist Projects

The geographic concentration of crime led to the proposal of the law of crime concentration in 2015 by David Weisburd. This contribution to crime and place literature needs further research to properly define, measure, and confirm this law. This study builds upon measurement techniques used in previous studies to measure crime concentration across a random sample of mid-sized cities, estimate the expected Gini coefficient in mid-sized cities, and analyze the variation in crime concentration across mid-sized cities. Determining the expected level of crime concentration and whether it varies across cities will advance the literature by providing both a benchmark for ...


President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser Apr 2019

President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser

Honors Theses, University of Nebraska-Lincoln

President Trump has become immersed in civil litigation since announcing his candidacy for the United States presidency. These lawsuits, which include assertions of presidential immunity under state jurisdiction and claims of constitutional violations under the Emoluments Clauses, present unique legal concerns that have never been challenged in the Supreme Court. Precedent shows that the president has never been exempt from the judicial process for his unofficial actions, although this may have led to unforeseen consequences. An evaluation of the history of the Emoluments Clauses leads to the conclusion that the Framers wanted to prevent outside influence on the United States ...


Spring 2019 Newsletter: The Docket, Emma M. Wood Apr 2019

Spring 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2019 issue of the UMass Law Library Newsletter, The Docket.


Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt Mar 2019

Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt

University Libraries Faculty Scholarship

The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government ...


Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson Mar 2019

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal ...


Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs Jan 2019

Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of this framework for ...


Peacebuilding Through Food Recovery, Angela Hackstadt Nov 2018

Peacebuilding Through Food Recovery, Angela Hackstadt

University Libraries Faculty Scholarship

The United States wastes approximately 133 billion pounds of food annually while 15 million American households are food insecure. Current and proposed U.S. legislation attempts to encourage food recovery efforts to address both of these problems by incentivizing donation of surplus foods by businesses to charitable organizations, yet legislation has failed to deliver. Food insecure individuals who use food banks or other safety net programs are often required to provide personal information and are subject to scrutiny in the process of acquiring food. Information can be leveraged in different ways to stigmatize or marginalize those in need. This presentation ...


Fall 2018 Newsletter: The Docket, Emma M. Wood Oct 2018

Fall 2018 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2018 issue of the UMass Law Library Newsletter, The Docket.


Reducing Vulnerabilities Among Female Migrants In The United States And Spain, Rachel Newcomb, Sarajane Renfroe Oct 2018

Reducing Vulnerabilities Among Female Migrants In The United States And Spain, Rachel Newcomb, Sarajane Renfroe

Faculty Publications

Migrants who establish connections in the host culture, particularly through nonprofit organizations, are more likely to integrate successfully into host societies (Martinez Garcia and Jariego 2002). Yet, anthropologist Maria Olivia Salcido and sociologist Cecilia Menjívar have noted, “gender hierarchies are embedded in the formulation, interpretation, and implementation of immigration laws, as experienced by immigrants” (2013:336). Our research, which compares two field sites in Apopka, Florida and Barcelona, Catalonia, demonstrates that despite the presence of vibrant organizations in both places, legal barriers in the U.S. hamper social integration by preventing women from accessing basic services necessary for survival. The ...


Judicious Imprisonment, Gregory Jay Hall Sep 2018

Judicious Imprisonment, Gregory Jay Hall

Faculty Scholarship at Penn Law

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and ...


Law And Family Formation Among Lgbq-Parent Families, Emily Kazyak, Brandi Woodell, Kristin S. Scherrer, Emma Finken Jul 2018

Law And Family Formation Among Lgbq-Parent Families, Emily Kazyak, Brandi Woodell, Kristin S. Scherrer, Emma Finken

Sociology Department, Faculty Publications

This article addresses how the law affects family formation among families with lesbian, gay, bisexual, and queer (LGBQ) parents in the United States. Our discussion draws on a socio-legal approach to law that focuses not only on the law on the books (what we refer to as “legal barriers”) but also on issues like how the law is practiced, how people experience the law in everyday life, and how the law serves as an interpretive framework through which people understand themselves and their families (what we refer to as “social barriers”). In our review, we highlight how attorneys can play ...


Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger Jun 2018

Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

According to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to ...