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Articles 1 - 15 of 15
Full-Text Articles in Social and Behavioral Sciences
Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate
Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate
Faculty Scholarship
Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …
Using John Grisham's The Innocent Man To Create A Significant Learning Experience For Undergraduate Students In A Psychology And The Law Course, Emily Stark
Psychology Department Publications
Imagine a man, suffering from alcoholism and schizophrenia, drifting through his small town, known mostly for getting thrown out of bars. When a graphic murder occurs, this man’s name gets linked to the victim, and police focus on him as a suspect. Although there is no evidence against him, a combination of poor police work and a town’s desire for closure lead to this innocent man being convicted of the crime and sentenced to death. Down to his last appeal, after spending 12 years on death row, a fair and honest judge is finally convinced to take a closer look …
The Present And Future Of Game Theory, Martin Shubik
The Present And Future Of Game Theory, Martin Shubik
Cowles Foundation Discussion Papers
A broad nontechnical coverage of many of the developments in game theory since the 1950s is given together with some comments on important open problems and where some of the developments may take place. The nearly 90 references given serve only as a minimal guide to the many thousands of books and articles that have been written. The purpose here is to present a broad brush picture of the many areas of study and application that have come into being. The use of deep techniques flourishes best when it stays in touch with application. There is a vital symbiotic relationship …
An Evaluation Of The Succession Law Changes Introduced By The Civil Partnership And Certain Rights And Obligations Of Cohabitants Act 2010, Niamh Dennehy
Dissertations
The Succession Act 1965 introduced a curb on a person‘s freedom of testation and gave protection to spouses and children on the death of a husband/wife, mother or father. As a result, certain relationships took precedence over others in the distribution of an estate, e.g. a surviving spouse‘s legal right share to a deceased spouse‘s estate is absolute. Since that legislation was enacted Irish society has changed greatly with a new variety and complexity of family structures. The provisions introduced by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 are an attempt to keep pace with …
Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan
Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan
Senior Honors Theses
Prior to the 1967 United States Supreme Court case of Loving v. Virginia, many states had laws that banned the intermarriage of whites with black or other minorities. Since then, the number of interracial marriages has increased and the attitudes of society have shifted. This thesis uses Loving as basis to explore the ways in which societal views have changed since the overruling of the anti-miscegenation statutes. It first discusses the culture in America before Loving and then, explains the details of the Loving case. This is then followed by a synopsis of how the culture changed after Loving. After …
Legal Mobilization On The Terrain Of The State: Immigrant Rights Practice In Two National Legal Fields, Leila Kawar
Legal Mobilization On The Terrain Of The State: Immigrant Rights Practice In Two National Legal Fields, Leila Kawar
Political Science Faculty Publications
Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo-American legal tradition. The politics of law and social movements in other national legal contexts remains under-examined. The analysis in this article contrasts legal mobilizations for immigrant rights in France and the United States and explores the relations between national fields of power and legal practices. I trace the institutionalization of immigrant rights legal organizations in each country, and argue that the divergent organizational forms and litigation strategies adopted by “professionalized” movement organizations reflect the dynamics of the nationally-distinct …
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Political Science Faculty Publications
This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …
Evaluating Women’S Labour In 1990s Japan: The Changing Labour Standards Law, Kirsti Rawstron
Evaluating Women’S Labour In 1990s Japan: The Changing Labour Standards Law, Kirsti Rawstron
Faculty of Arts - Papers (Archive)
This article outlines the legislative changes regarding Japanese working women in the 1990s, specifically the changes to the Labour Standards Law. Th is Law was altered in 1997 (effective 1999) by the removal of a number of provisions known as the Women’s ‘Protection’ Provisions (josei hogo kitei). These gender-specifi c provisions restricted Japanese women from working particular jobs and hours, and limited overtime and holiday work. The role of these gender-specifi c provisions is examined through a collection of articles from four of Japan’s mainstream daily, widely-circulated newspapers: the Asahi Shinbun, the Mainichi Shinbun, the Nihon Keizai Shinbun, and the …
Changing Media Understandings Of Gender Relations: Japan's Equal Employment Opportunity Law In 1985 And 1997, Kirsti Rawstron
Changing Media Understandings Of Gender Relations: Japan's Equal Employment Opportunity Law In 1985 And 1997, Kirsti Rawstron
Faculty of Arts - Papers (Archive)
This paper examines the portrayal of gender relations and issues in theJapanese media through a case study of discussions in mainstreamnewspapers surrounding the introduction in 1985 of the Equal EmploymentOpportunity Law (EEOL) in Japan. This law was introduced as part of Japan's ratification of the United Nations Convention on the Elimination of AllForms of Discrimination Against Women (CEDAW). The debate surroundingthe changing EEOL is examined through articles from three mainstreamdaily national newspapers, notably the Asahi Shinbun, the Nihon KeizaiShinbun and the Yomiuri Shinbun. The articles reflect and reinforce thechanging cultural understanding of gender relations in Japan over thisperiod. The newspapers …
The Case For Clear And Convincing Evidence: Do Our Laws Value Property Over Children?, Tricia P. Martland
The Case For Clear And Convincing Evidence: Do Our Laws Value Property Over Children?, Tricia P. Martland
Justice Studies Faculty Publications
Our laws reflect our values. What we value, we make laws to protect. In this article, Tricia Martland describes the child custody statute in North Dakota, which is the only state to use “clear and convincing” standard of evidence. This means that children will not be placed with parents with a history of domestic violence unless there is clear and convincing evidence of their rehabilitation. Other states deem the clear and convincing standard too stringent. Yet this standard is often used with regard to property title. Do our laws indicate that we value things over children? Changing policy to apply …
On The Connection Between Law And Justice, Anthony D'Amato
On The Connection Between Law And Justice, Anthony D'Amato
Faculty Working Papers
What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …
Non-State Actors From The Perspective Of The Policy-Oriented School: Power, Law, Actors And The View From New Haven, Anthony A. D'Amato
Non-State Actors From The Perspective Of The Policy-Oriented School: Power, Law, Actors And The View From New Haven, Anthony A. D'Amato
Faculty Working Papers
Law needs Power for enforcement of its rules; Power utilizes Law for creating conditions of stability that enhance its salience. Yet when the New Haven school tries to include international law in its power-oriented view of international relations, it ends up with a misleading two-dimensional descriptivism.
Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari
Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari
Political Science & Global Affairs Faculty Publications
Nigeria has a long history of violation of human rights. It is commonly believed that human rights violations in Nigeria have colonial roots. In an effort to consolidate and expand their power, the British colonial masters grossly violated the rights of the people in Nigeria. But even 50 years after independence, the Nigerian citizens continue to face constant violations of their basic rights. After independence, Nigeria has experienced a mix of periods of military and civilian rule. The military rule in Nigeria became a symbol of complete authoritarianism. After every military coup, the government suspended the constitution and, thus, absolved …
Union Citezenship: Impact, Influences And Challenges To Irish Immigration Laws., Ewaen Fred Ogieriakhi
Union Citezenship: Impact, Influences And Challenges To Irish Immigration Laws., Ewaen Fred Ogieriakhi
Dissertations
The objective of this thesis firstly, is to attempt to explore the impact, influences and challenges that European Union citizenship rules and the adoption of the Citizens Rights Directive has on the right of Union citizens and their family members to reside in Ireland. The thesis examines the shift from “Market Citizenship”- from having adequate financial resources and sickness health insurance for the acquisition of right of residence to now recognizing right of residence for economically inactive persons.1 The thesis assesses the impact of the relevant Treaty provisions on Free movement of Persons and the case laws of the …
The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller
The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller
Faculty Scholarship
The Durham Statement on Open Access to Legal Scholarship, drafted by a group of academic law library directors, was promulgated in February 2009. It calls for two things: (1) open access publication of law school–published journals; and (2) an end to print publication of law journals, coupled with a commitment to keeping the electronic versions available in “stable, open, digital formats.” The two years since the Statement was issued have seen increased publication of law journals in openly available electronic formats, but little movement toward all-electronic publication. This article discusses the issues raised by the Durham Statement, the current state …