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Law

2008

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Articles 1 - 25 of 25

Full-Text Articles in Social and Behavioral Sciences

De La Fiction Criminelle En Afrique. Relecture Des Films D’Ousmane Sembène, Alexie Tcheuyap Dec 2008

De La Fiction Criminelle En Afrique. Relecture Des Films D’Ousmane Sembène, Alexie Tcheuyap

Présence Francophone: Revue internationale de langue et de littérature

For institutional, ideological and even sociological reasons, the detective genre had difficulty rising to prominence within literatures and especially within the field of African cinema. If one observes today its shy emergence in the works of some West African film directors and within popular Nigerian video films, it is nonetheless possible, thanks to a finer scrutiny of theories developed on the subject, to realize that some films by Ousmane Sembène contain aesthetic strategies that allow for a fresh assessment of the works of a director whose films were often reduced to their ideological aspects. This second reading also unravels the ...


The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova Nov 2008

The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova

Jessica de Perio Wittman

An article written on how to create podcasts using readily-available technology, and how to use these podcasts in legal education.


Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo Oct 2008

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Organised Crime In Ireland: A Policy Analysis Of The Introduction Of Organised Crime To The Irish Statute Book, Elizabeth Davey Sep 2008

Organised Crime In Ireland: A Policy Analysis Of The Introduction Of Organised Crime To The Irish Statute Book, Elizabeth Davey

Dissertations

This thesis is an examination of the policy process employed in the introduction of organised crime to the Irish Statute Book. Part 7 of the Criminal Justice Act 2006 creates, for the first time in Irish criminal law, specific organised crime offences. This thesis examines the different definitions of organised crime that have been proffered by various academics since the 1960s and highlights the difficulties that exist in coining an all-encompassing yet specific definition for the phenomenon. The methods by which Part 7 of the Criminal Justice Act 2006 became law are also scrutinised. The views of various interest groups ...


Zach's News, Georgia Southern University, Zach S. Henderson Library Aug 2008

Zach's News, Georgia Southern University, Zach S. Henderson Library

University Libraries News Blog

  • New Additions and Changes: Research Databases from Henderson Library
  • Case Law wants to be free


Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold Aug 2008

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.


Griggs' Folly: An Essay On The Theory, Problems, And Origin Of The Adverse Impact Definition Of Employment Discrimination And A Recommendation For Reform, Michael Evan Gold Aug 2008

Griggs' Folly: An Essay On The Theory, Problems, And Origin Of The Adverse Impact Definition Of Employment Discrimination And A Recommendation For Reform, Michael Evan Gold

Michael Evan Gold

This Article examines the adverse impact theory of employment discrimination under Title VII. The author begins by discussing the development of adverse impact in the case law, and by scrutinizing its theoretical underpinnings. He demonstrates that Congress did not intend to mandate adoption of adverse impact theory when it established Title VII. The author then argues that the Courts have exceeded their authority under Title VII by embracing the theory of adverse impact. He concludes that the courts should therefore return to a narrower theory of employment discrimination, namely, a theory based on the legal concept of “intent.”


A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold Aug 2008

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.


Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jul 2008

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.


Taking Distribution Seriously, Robert C. Hockett Jul 2008

Taking Distribution Seriously, Robert C. Hockett

Cornell Law Faculty Working Papers

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing.

To attend systematically to the inter-translatability of maximization language on ...


Legacy Of A Leader, Michael Staib Jun 2008

Legacy Of A Leader, Michael Staib

Honors Independent Research Papers

This study assesses the historical legacy of former Commander-In-Chief and 40th President, Ronald Wilson Reagan. Research references Reagan’s formidable contribution to subsequent U. S. politics by analyzing his domestic and foreign policy. Ultimately, Reagan revolutionized the presidency and provided conservative reconstruction, restoring moral guidance to American society. Epitomizing the Roosevelt Corollary, the aphorism popularized by Teddy Roosevelt, “Speak softly, but carry a big stick,” Reagan followed an aggressive foreign policy. Exercising diplomacy, Reagan deterred those countries deemed dangerous, while preserving peace with amiable nations. Essay examines his ideological perspective, constitutional interpretation, executive appointment of Supreme Court justices, laissez-faire economic ...


The Constitutional Protection Of Children In Ireland - An Analysis Of The Status Quo And Proposals For Reform, Oliver Fitzgerald May 2008

The Constitutional Protection Of Children In Ireland - An Analysis Of The Status Quo And Proposals For Reform, Oliver Fitzgerald

Dissertations

No abstract provided.


Statutory Restrictions On Initiating Judicial Review Proceedings In The Asylum Context, Éamonn Foley May 2008

Statutory Restrictions On Initiating Judicial Review Proceedings In The Asylum Context, Éamonn Foley

Dissertations

No abstract provided.


Wiretapping: A Necessity For Effectively Combating Terrorism In The 21st Century, Michael A. Hewitt Apr 2008

Wiretapping: A Necessity For Effectively Combating Terrorism In The 21st Century, Michael A. Hewitt

Senior Honors Theses

Abstract In 2001, the Patriot Act was passed to provide new tools to combat terrorism. Chief among these new tools is the intelligence gathering method known as wiretapping. The role of wiretapping in the Patriot Act, particularly the constitutionality of this method, includes what criteria must be met to preserve constitutionally protected civil liberties. Wiretapping has had a significant effect as a facet of the Patriot Act on both the personal security and privacy of the American people. Current wiretapping policy lacks clear and appropriate guidelines addressing the modern terrorist threat. Future policy should reflect the need for new criteria ...


Basic Legal Concepts In Anti-Corruption: Defining Jurisdiction, Civil Remedies, And Damages In The Case Of Albania, Bryane Michael Jan 2008

Basic Legal Concepts In Anti-Corruption: Defining Jurisdiction, Civil Remedies, And Damages In The Case Of Albania, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This article describes the basic legal concepts involved in an anti-corruption programme. The article provides an easy-to-understand glossary of legal terms and provides most of the legal logic behind the legislative reforms occurring in Albania (among other places).


When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi Jan 2008

When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anti-corruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.


If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman Jan 2008

If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman

Scholarship and Professional Work - Business

Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly ...


Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan Jan 2008

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and ...


The Irish Challenge To The Data Retention Directive, Elaine Fahey Jan 2008

The Irish Challenge To The Data Retention Directive, Elaine Fahey

Conference Papers

No abstract provided.


Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan Jan 2008

Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

Vanderbilt Law School Faculty Publications

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context.

The paradoxical psychological bias known as the endowment effect puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at ...


The Mystery Of Capital Formation In Sub-Saharan Africa: Women, Property Rights And Customary Law, Sandra F. Joireman Jan 2008

The Mystery Of Capital Formation In Sub-Saharan Africa: Women, Property Rights And Customary Law, Sandra F. Joireman

Political Science Faculty Publications

Economists such as Hernando De Soto have argued that clearly defined property rights are essential to capital formation and ultimately to economic growth and poverty alleviation. This article traces two impediments to the clear definition of property rights in the African context: customary law and the status of women. Both of these issues interfere with the attempt of African countries to rearticulate property law with the goal of capital formation. Constructive attempts to define property rights must address the problem of enforcement in under-resourced environments where changes may not be welcomed.


Embracing Risk, Sharing Responsibility, Tom Baker Jan 2008

Embracing Risk, Sharing Responsibility, Tom Baker

Faculty Scholarship at Penn Law

No abstract provided.


Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams Jan 2008

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules ...


An Analysis Of Marine Protected Areas Legislation In The Caribbean Lesser Antilles, Barry James Bleichner Jan 2008

An Analysis Of Marine Protected Areas Legislation In The Caribbean Lesser Antilles, Barry James Bleichner

LSU Master's Theses

Historically, marine resources and ecosystems were believed to be limitless and exploitation of those resources occurred with little regard to future consequences. Recent studies suggests that this belief is misplaced, as research indicates that many of these marine resources face extinction if protective measures are not implemented soon. Marine protected areas, or MPAs have garnered increasing attention as a means to effectively protect and conserve marine resources. Establishment and management of marine protected areas typically require implementing legislation in order to provide a legal basis for enforcement of MPA rules and regulations. The intent of this research was to determine ...


Jog, Jogászat És Jogtudomány Hatása Weber Módszertani Nézeteire [The Impact Of Law, Lawyering, And Jurisprudence On Weber’S Methodological Views], Péter Cserne Dec 2007

Jog, Jogászat És Jogtudomány Hatása Weber Módszertani Nézeteire [The Impact Of Law, Lawyering, And Jurisprudence On Weber’S Methodological Views], Péter Cserne

Péter Cserne

Law and legal science have played a significant, but hitherto underestimated role in Weber's life, both professional and non-academic. Trained as a lawyer, he drew upon an existing vocabulary of legal scholarship and adapted from it, more or less implicitly a large number of conceptual and methodological tools for his sociological projects. The goal of this paper is to identify and evaluate these complex links between Weberian sociology and contemporary legal scholarship, with special emphasis on Jhering's and Jellinek's theories. (This paper is a significantly revised Hungarian version of my 2005 English language essay on Weber.)