Social and Behavioral Sciences Commons^™

Escaping Entity-Centrism In Financial Services Regulation, Anita Krug

All Faculty Scholarship

In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang

Research Collection School Of Economics

This paper shows how property rights security improves over time as a result of increasing legal quality and political democratization in a political economy context, where political and legal institutions adapt to evolving factor composition of land and capital in the dynamic economic development process. There seems to exist a clear sequence of di⁄erent forms of protection in that it is unlikely to have a strong rule of law with an exploitative political regime, or to have a democratic political system when the distribution of potential coercive power is too skewed. The routine form of protection thus shifts from coercion …

How Television Fast Food Marketing Aimed At Children Compares With Adult Advertisements, Amy M. Bernhardt, Cara Wilking, Anna M. Adachi-Mejia, Elaina Bergamini, Jill Marijnissen, James D. Sargent

Dartmouth Scholarship

Objectives: Quick service restaurant (QSR) television advertisements for children’s meals were compared with adult advertisements from the same companies to assess whether self-regulatory pledges for food advertisements to children had been implemented. Methods: All nationally televised advertisements for the top 25 US QSR restaurants from July 1, 2009 to June 30, 2010 were obtained and viewed to identify those advertising meals for children and these advertisements were compared with adult advertisements from the same companies. Content coding included visual and audio assessment of branding, toy premiums, movie tie-ins, and depictions of food. For image size comparisons, the diagonal length of …

Case Law Research Using Westlaw Campus, Robert Berry

Librarian Publications

Presentation by Robert Berry on the basics of Case law research.

The Georgia State University Copyright Case (Cambridge University Press V. Becker) And What It Means For Librarians, Judson L. Strain

Faculty Scholarship – Library Science

The Federal District Court in the Georgia State University copyright case (Cambridge University Press v Becker) constructed a carefully defined, but expansive Fair Use “safe harbor”. Academic libraries and not-for-profit educational institutions can use this “safe harbor” to make copies of copyright-protected materials and distribute them to students in a carefully controlled manner. The decision requires safeguards to help ensure that copies do not get disseminated beyond their intended audience. It also gives more flexibility in cases where publishers do not make smaller excerpts readily available.

The Georgia State decision has been reported as allowing up to 10%,or …

The State Of Nature X: Why Leave? A Preface On The State Of Nature Theory, Zachary S. Stirparo

Senior Honors Theses

Great minds have addressed the issue of forming a polity, dating back to Plato. Yet, most of these great minds, such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau, argue for the need to escape the state of nature into a civil form of government. However, after taking the three essential elements of man that these philosophers all comment on, self-preservation, reason, and will, a new state of nature model is created that is stronger. It is stronger because of its definition of man and the analytic inferences that flow from that definition. Therefore, the state of nature theory does …

Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Equine Husbandry and Welfare Collection

The 20th century has witnessed a bewildering array of ethical revolutions, from civil rights to environmentalism to feminism. Often ignored is the rise of massive societal concern across the world regarding animal treatment. Regulation of animal research exists in virtually all Western countries, and reform of “factory farming” is regnant in Europe and rapidly emerging in the United States. In 2012, a series of articles in The New York Times focused welfare attention squarely on the horse industry. Opponents of concern for animals often dismiss the phenomenon as rooted in emotion and extremist lack of appreciation of how unrestricted animal …

Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.

CRHR: Archaeology

Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …

Research Skills Boot Camp: Preparing Law Students For Internships, Charlotte Gill, Priyanka Sharma, Yuyun W. Ishak

Research Collection Library

Legal Internship is an integral part of legal education and is the first brush that a law student has with the legal profession outside the comfortable environs of law school. Since the inception of the law school at Singapore Management University (SMU) in 2007, law students are required to complete a 10 week compulsory internship as an essential part of their legal training pedagogy. The internship is intended to acquaint students with the practical workings of the legal system and the realities of law practice in the private and public sectors. The consistent message that we have received from practitioners …

Booklet Of Selected Theses From The Ma In Criminology, Ma In Law, Ma In Child, Family And Community Studies, And The International Masters In Early Childhood Education, 2010-2012, Matt Bowden, Carmel Gallagher, Kevin Lalor

Dissertations

This booklet highlights and celebrates the research work of graduates from taught Masters programmes in the School of Social Sciences and Law:

• the MA in Criminology

• the MA in Law

• the MA in Child, Family and Community Studies

• the International Masters in Early Childhood Education, co-delivered with Oslo and Akershus University College of Applied Sciences (Norway) and the University of Malta (Malta).

The MA in Criminology and the MA in Law commenced in 2006 and the MA in Child, Family and Community Studies commenced in 2007. Each has quickly become established in its field as a …

Multidimensionality Is To Masculinities What Intersectionality Is To Feminism, Athena D. Mutua

Journal Articles

Committed to intersectionality theory in her feminist work, the scholar Juliet Williams expressed the sentiment that “multidimensionality is to masculinities theory, what intersectionality is to feminism.” She did so in the context of a debate about whether intersectionality theory might capture the complexity of men’s lives, particularly men of color’s lives, as well as does multidimensionality theory, given that the latter is based in large part on the former. This paper, briefly explores the intellectual history of multidimensionality theory, concedes that intersectionality, a powerful analytical tool that has matured and gone global, could easily be used and is in part …

Testing Misconceptions And Building Excitement In A Psychology And The Law Course, Emily Stark

Psychology Department Publications

Did you know that there is no evidence that verifies that each person's fingerprints are truly unique, or that even trained dental examiners cannot accurately match bite marks to the teeth of a suspect? Thinking about our misconceptions can make us excited to learn more about a topic, so that we understand why we were wrong. This article discusses a method that I developed to address misconceptions about psychology and the legal system and to get students excited to learn more about these topics.

Velocity Distribution In Non-Uniform/Unsteady Flows And The Validity Of Log Law, Ishraq Alfadhli, Shu-Qing Yang, Muttucumaru Sivakumar

Faculty of Engineering and Information Sciences - Papers: Part A

This study investigates the longitudinal velocity profiles in steady and unsteady non-uniform open channel flows by analyzing the data available in the literature. It was found that for steady/unsteady flow in the Log law is applicable only in the inner region where y/hg

Jomc 486: Mass Media Law—A Peer Review Of Teaching Project Benchmark Portfolio, John R. Bender

UNL Faculty Course Portfolios

Mass Media Law, JOMC 486, is a required course for all majors in the College of Journalism and Mass Communications. This includes majors in journalism (traditional print journalism and online journalism), broadcasting and advertising-public relations. The purpose of this portfolio is to assess whether the learning objectives of the course are achieved. The evidence compiled for this portfolio suggests that the students are learning basic information about mass media law. Further, analysis of the tests shows that they are also learning how to apply the principles of media law to situations they have not encountered, thus preparing them for dealing …

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson

Faculty Scholarship

Very few theories have generated the kind of interdisciplinary and global engagement that marks the intellectual history of intersectionality. Yet, there has been very little effort to reflect upon precisely how intersectionality has moved across time, disciplines, issues, and geographic and national boundaries. Our failure to attend to intersectionality’s movement has limited our ability to see the theory in places in which it is already doing work and to imagine other places to which the theory might be taken. Addressing these questions, this special issue reflects upon the genesis of intersectionality, engages some of the debates about its scope and …