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Law

2009

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Institution
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Articles 1 - 30 of 34

Full-Text Articles in Social and Behavioral Sciences

Suspect Until Proven Guilty, A Problematization Of State Dossier Systems Via Two Case Studies: The United States And China, Kenneth N. Farrall Dec 2009

Suspect Until Proven Guilty, A Problematization Of State Dossier Systems Via Two Case Studies: The United States And China, Kenneth N. Farrall

Publicly Accessible Penn Dissertations

This dissertation problematizes the "state dossier system" (SDS): the production and accumulation of personal information on citizen subjects exceeding the reasonable bounds of risk management. SDS - comprising interconnecting subsystems of records and identification - damage individual autonomy and self-determination, impacting not only human rights, but also the viability of the social system. The research, a hybrid of case-study and cross-national comparison, was guided in part by a theoretical model of four primary SDS driving forces: technology, political economy, law and public sentiment. Data sources included government documents, academic texts, investigative journalism, NGO reports and industry white papers. The primary analytical instrument ...


The Evolution Of Copyright Law In The Arts, Kevin Liftig Dec 2009

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made ...


Right By Children: Children's Rights And Rights Based Approaches To Policy Making In Early Childhood Education And Care: The Case Of Ireland, Noirin Hayes, Siobhan Bradley Nov 2009

Right By Children: Children's Rights And Rights Based Approaches To Policy Making In Early Childhood Education And Care: The Case Of Ireland, Noirin Hayes, Siobhan Bradley

Reports

No abstract provided.


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a bill that will give Rhode Island the prostitution law it needs to combat the growing sex industry and sex trafficking. 

Many letters and reports have been written describing the problems that decriminalized prostitution has created for Rhode Island. We know that women from foreign countries are here in the spa-brothels. We know that U.S teens are trafficked here from other states. We know there is much evidence of sex trafficking in the Asian spa-brothels and strip clubs. 


Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a trafficking bill that will do two things: 
1) Criminalize forced labor as a form of human trafficking. 
2) Make it easier to prosecute sex trafficking of minors by removing the requirement to prove force, fraud, or coercion. 


Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates Oct 2009

Creating A Legal Framework For Copyright Management Of Open Access Within The Australian Academic And Research Sector, Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, Jessica Coates

Mark Perry

This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector The Report ...


Open Access Week (Retention Of Author Rights), Mark Perry Oct 2009

Open Access Week (Retention Of Author Rights), Mark Perry

Mark Perry

No abstract provided.


The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz Oct 2009

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.


September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins Sep 2009

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

The September 11, 2001 attacks derive from British convictions involving the April 21, 1946 murder of John Maynard Keynes.


Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr. Sep 2009

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

RHODE ISLAND needs a good prostitution law to halt the metastasizing problems of prostitution and sex trafficking. The growing number of spas and clubs are sordid destinations for foreign women and teens from around the Northeast. To address this problem, both the House and the Senate have passed bills they claim “close the loophole.” But the competing bills are profoundly different in their probable effectiveness. 


The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang Sep 2009

The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang

Research Collection School Of Law

This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in ...


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Law, Economics, And Religion, Vikas Kumar Aug 2009

Law, Economics, And Religion, Vikas Kumar

Vikas Kumar

No abstract provided.


Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr. Aug 2009

Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.

Donna M. Hughes

Citizens Against Trafficking responds to the letter from 50 academics who support the status quo of decriminalized prostitution (indoors) in Rhode Island.On July 31, 2009, a letter co‐authored by Ronald Weitzer and Elizabeth Anne Wood and signed by 48 other “members of the academic community” was sent to the Rhode Island General
Assembly opposing any bill banning prostitution indoors.


The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr. Jul 2009

The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.

Donna M. Hughes

“I am disappointed in the last minute amendments [to the prostitution bill]. For Senator Jabour “to suggest that after all we have suffered through, with the way we are perceived as a state and the [lack of] tools we need in a court room; to suggest that [prostitution] is a violation, something like a traffic ticket, is a woeful decision. [Jabour’s amendments] are “what derailed [the prostitution bill] in the last week.” – Attorney General Patrick Lynch, on Channel 10 News Conference, July 12, 2009

Against all logic and political wisdom, in the closing weeks of the Assembly session last ...


Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark Jul 2009

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and ...


Constructing Legal Narratives: Law, Language And The Media, Jane Johnston, Rhonda Breit Jul 2009

Constructing Legal Narratives: Law, Language And The Media, Jane Johnston, Rhonda Breit

Jane Johnston

This paper proposes using the theory of narratology to connect to legal discourses and processes with the way the media translate the law into news. Focussing on the Australian context, it looks at the choice of language used my media in covering courts, how stories are told and retold within these primarily textual environments, as well as the selection processes used by journalists in covering these rounds. The paper extends the argument for a narratology of courts, to a narratology of court reporting, suggesting fundamental criteria of story, discourse and the interpretative context be examined. It foreshadows the need for ...


Confidential Sources And Contempt Of Court: An Argument For Change, Angel Fahy Jul 2009

Confidential Sources And Contempt Of Court: An Argument For Change, Angel Fahy

Dissertations

This thesis sought to examine the law on contempt of court as it pertained to journalists’ refusal to give evidence that would reveal the identity of their confidential sources of information. It argued that current law in this jurisdiction does not go far enough to protect journalists’ sources and, consequently, press freedom. It contended that despite the introduction of a statutory provision in the UK to provide qualified immunity from contempt charges for journalists who refused to reveal their sources, the law is not sufficiently clear to allow journalists to grant confidentiality without fear of prosecution. This thesis found that ...


Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr. Jun 2009

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

On Thursday (June 18, 2009), Governor Carcieri held a press conference to support Gianinni’s prostitution bill (H 5044A) and her House trafficking bill (H 5661A). Giannini’s bill will create laws against prostitution to “close the loophole” as it is often referred to. Joining the governor were Representative Joanne Giannini, the sponsor of the bills, Stacey Pires Veroni, Assistant Attorney General, Col. Doherty, Superintendent of the Rhode Island State Police, Representative Roberto DaSilva, and Donna M. Hughes, Professor at the University of Rhode Island. 


Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr. Jun 2009

Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr.

Donna M. Hughes

Prostitution is harmful to individuals involved, their families and the community. It is not a victimless activity or just a private sex act. Up to 90% of women in prostitution are beaten and raped by pimps and the men who buy sex. Approximately 90% are addicted to drugs and alcohol. They suffer depression and hopelessness; suicide attempts are common. For visual, physical evidence of the harm caused by prostitution, please look at this collection of serial photographs of prostitutes as they are being destroyed over time by prostitution and drug use. 

Because of decriminalized prostitution indoors, the sex industry is ...


Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr. Jun 2009

Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.

Donna M. Hughes

 In 2007, the Rhode Island General Assembly passed an anti-human trafficking law. To date, there have been no prosecutions. There are three serious problems with the present Rhode Island law that need to be remedied in order to effectively combat human trafficking. 


Judicial Martial Law - Appendix, David Randall Jenkins Jun 2009

Judicial Martial Law - Appendix, David Randall Jenkins

David Randall Jenkins

No abstract provided.


Medical Negligence And Mrsa Claims:Is The Law Of Tort Efficient Enough?, Bridget Kelleher May 2009

Medical Negligence And Mrsa Claims:Is The Law Of Tort Efficient Enough?, Bridget Kelleher

Dissertations

In the last number of years, the Irish Health Service has come under major criticism. The emergence of Hospital Acquired Infections has sent the Health sector in to a state of disarray. The most common of these infections is Methicillin Resistant Staphylococcus Aureus (MRSA) which has now become a term of everyday language. By 1960, the United Kingdom (U.K) discovered that methicillin could combat this staphylococcus (staph) aureus infections. However by 1961,the staph aureus strain had evolved and created a new resistance to methicillin which became known as MRSA. The law of medical negligence, has devised it's ...


Religion, The Law And The Human Rights Of Women In The Middle East: A Quantitative Analysis, Tyra Murielle Bouhamdan Apr 2009

Religion, The Law And The Human Rights Of Women In The Middle East: A Quantitative Analysis, Tyra Murielle Bouhamdan

Political Science Theses

The human rights of women in The Middle East and North Africa (MENA) have been a subject of unresolved debate among sociologists, economists, and political scientists alike, as this region’s gender related human rights performance remains uniquely weaker compared to other geographic regions in the world. Most notably, the human rights of women in the region have been lagging in the area of family law. The following paper assesses gender inequity in the MENA region from a legal perspective, with a focus on family law and legal pluralism, and with the intent to shed light on domestic legal institutions ...


Social Networking As A Communications Weapon To Harm Victims: Facebook, Myspace, And Twitter Demonstrate A Need To Amend Section 230 Of The Communications Decency Act, Joshua N. Azriel Apr 2009

Social Networking As A Communications Weapon To Harm Victims: Facebook, Myspace, And Twitter Demonstrate A Need To Amend Section 230 Of The Communications Decency Act, Joshua N. Azriel

Faculty Publications

The article discusses how social networking sites can pose a danger to victims of online offensive content. Part II provides an overall analysis of the dangers the Internet, especially social networking, poses to victims. Part III reviews Section 230 of the CDA, including the “Good Samaritan” provisions for social networking websites such as Twitter and Facebook. Part IV analyzes three recent court cases that demonstrate how these social networking tools are used as weapons to harm victims. Part V concludes with a discussion of how the growing number of online incidents stem from social networking sites. It recommends that Congress ...


Judicial Martial Law, David Randall Jenkins Feb 2009

Judicial Martial Law, David Randall Jenkins

David Randall Jenkins

No abstract provided.


Insider Trading In Congress - The Need For Regulation, Alex O. Kardon, Matthew Barbabella, Peter Molk, Daniel Cohen Feb 2009

Insider Trading In Congress - The Need For Regulation, Alex O. Kardon, Matthew Barbabella, Peter Molk, Daniel Cohen

Student Scholarship Papers

Is regulation of Congressional insider trading desirable? We intend to use the STOCK Act (H.R. 682) as a springboard for approaching the need for Congressional insider trading regulation from a slightly more academic perspective. First, we describe the STOCK Act by placing it in recent historical context. Understanding the motivation to reform Congressional ethics that existed earlier this decade is crucial to evaluating the STOCK Act and its prospects for eventual passage by Congress. Second, we review the body of insider trading law that already operates to restrain corporate insiders and others from making some trades. The most important ...


Creative Commons Licensing And Non-Creative Geographic Data, Harlan Onsrud Jan 2009

Creative Commons Licensing And Non-Creative Geographic Data, Harlan Onsrud

Harlan J Onsrud

Why does the scientific community need a simple method for letting each of us know that we are allowed legally to build on the work and data products of each other without asking permission? Does merely following the traditional practices of science and giving credit now make me a lawbreaker? What's the problem, how did we get here and what's the solution? Why does the solution for creative works not apply to geographic and other utilitarian data and databases? This presentation addresses these questions and approaches for arriving at solutions.


Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal Jan 2009

Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal

Ashok Agrwaal

The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice ...