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Law

2011

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Articles 1 - 28 of 28

Full-Text Articles in Social and Behavioral Sciences

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate Nov 2011

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 ...


Towards A Narratology Of Court Reporting, Jane Johnston, Rhonda Breit Sep 2011

Towards A Narratology Of Court Reporting, Jane Johnston, Rhonda Breit

Jane Johnston

This article uses the theory of narratology to connect legal discourses and processes with the way the media translate the law into news. It identifies how narratology has been used by other disciplines, notably the law, to provide a framework for better understanding, and uses a range of theories and examples to propose a narratology for court reporting. The research identifies six key elements of narrative and expands these into a three-level schema of story level, discourse analysis and the interpretative context of stories. Finally, the article foreshadows a methodology through which to develop the narratology that follows court proceedings ...


The Place Of Law: The Role And Limits Of Law In Society, Larry Barnett Aug 2011

The Place Of Law: The Role And Limits Of Law In Society, Larry Barnett

Larry D Barnett

The Place of Law addresses two questions that are critical to understanding law. Why is law an evidently universal, enduring institution in modern societies? And why do the concepts and doctrines of law differ between jurisdictions (states or nations) at one point in time and vary within a jurisdiction over time? In this stimulating volume, Barnett suggests answers to these questions, and in doing so, he challenges popular assumptions regarding law in structurally complex, technologically advanced, democratic societies. In particular, Barnett questions the assumption that social behaviors central to such societies are effectively controlled by law and the assumption that ...


Proposed Community Action Plan For Casa Cornelia Law Center, Allison Bechill, Scott Campbell, Casey Mckinley Aug 2011

Proposed Community Action Plan For Casa Cornelia Law Center, Allison Bechill, Scott Campbell, Casey Mckinley

Community Engagement and Collaboration

Casa Cornelia and scores of other public and private agencies rely on interpreters and translators for communicating with immigrants and their communities. Volunteer support overcomes language barriers and ensures that all clients have access to support services in a culturally and linguistically appropriate manner. Unfortunately, there is often a lack of qualified volunteer interpreters and translators available, most acutely for its Somali clients, which comprise the largest percentage of its Asylum Program’s caseload.

This paper considers possible solutions to the insufficient number of volunteers that are currently available to Casa Cornelia.


The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins Jul 2011

The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins

David Randall Jenkins

The Kaplan and Norton 1992 Balanced Scorecard was intentionally structured to aid an Informal Capital Market Cartel in search of the next John Maynard Keynes.


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 Jul 2011

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 Faculty 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 ...


An Alternative View On Law, Institutions, Finance And Growth, Franklin Allen, Jun "Qj" Qian, Chenying Zhang Jun 2011

An Alternative View On Law, Institutions, Finance And Growth, Franklin Allen, Jun "Qj" Qian, Chenying Zhang

Finance Papers

The spectacular economic growth in East Asian economies such as China, South Korea and Taiwan over the past five decades contradicts most of the existing research on law, institutions, finance, and growth. We propose an alternative view based on the comparison of legal institutions and alternative institutions outside the legal system. Despite well-known advantages, the legal system, as a monopolist institution, can be captured by interest groups and become a barrier to innovations. Moreover, in a dynamic environment alternative institutions can adapt and change much more quickly than when the law is used, as this process does not require persuading ...


Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala Jun 2011

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered ...


Developing Faculty Scholarship Using Collaborative Web Environments, Jessica De Perio Wittman, Raizel Liebler May 2011

Developing Faculty Scholarship Using Collaborative Web Environments, Jessica De Perio Wittman, Raizel Liebler

Jessica de Perio Wittman

No abstract provided.


Contesting Community: Legalized Reconciliation Efforts In The Aftermath Of Genocide In Rwanda, Kristin C. Doughty May 2011

Contesting Community: Legalized Reconciliation Efforts In The Aftermath Of Genocide In Rwanda, Kristin C. Doughty

Publicly Accessible Penn Dissertations

In recent decades, national governments and international authorities have increasingly emphasized the role of legal institutions in restoring order after political violence. This study explores how, following the 1994 genocide, the Rwandan government created new decentralized grassroots legal forums that aimed to produce community out of a divided population. The legal institutions were designed to enable Rwandans to resolve disputes with the help of locally-elected mediators, based on principles that prioritized collective cohesion over individual rights, combined with state-backed punishment. Drawing on eighteen months of ethnographic research in Rwanda between 2004 and 2008 with genocide courts (inkiko gacaca), mediation committees ...


An Evaluation Of The Succession Law Changes Introduced By The Civil Partnership And Certain Rights And Obligations Of Cohabitants Act 2010, Niamh Dennehy May 2011

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 ...


Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan Apr 2011

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 ...


Wigfall V. Mobley Et Al.: Heirs Property Rights In Family And In Law, Brian Grabbatin, Jennie L. Stephens Apr 2011

Wigfall V. Mobley Et Al.: Heirs Property Rights In Family And In Law, Brian Grabbatin, Jennie L. Stephens

disClosure: A Journal of Social Theory

No abstract provided.


Legal Mobilization On The Terrain Of The State: Immigrant Rights Practice In Two National Legal Fields, Leila Kawar Apr 2011

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 ...


Non-State Actors From The Perspective Of The Policy-Oriented School: Power, Law, Actors And The View From New Haven, Anthony A. D'Amato Jan 2011

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.


On The Connection Between Law And Justice, Anthony D'Amato Jan 2011

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 ...


The Case For Clear And Convincing Evidence: Do Our Laws Value Property Over Children?, Tricia P. Martland Jan 2011

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 ...


Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari Jan 2011

Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari

Government 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 ...


Republicanism And The Foundations Of Criminal Law, Richard Dagger Jan 2011

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 ...


Union Citezenship: Impact, Influences And Challenges To Irish Immigration Laws., Ewaen Fred Ogieriakhi Jan 2011

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 ...


Evaluating Women’S Labour In 1990s Japan: The Changing Labour Standards Law, Kirsti Rawstron Jan 2011

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 ...


Changing Media Understandings Of Gender Relations: Japan's Equal Employment Opportunity Law In 1985 And 1997, Kirsti Rawstron Jan 2011

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 ...


A More Global Court? Judicial Transnationalism And The U.S. Supreme Court, Angela G. Narasimhan Jan 2011

A More Global Court? Judicial Transnationalism And The U.S. Supreme Court, Angela G. Narasimhan

Political Science - Dissertations

For many decades, Supreme Court justices and legal scholars have argued over the validity of different tools in constitutional interpretation, including social science data, public opinion and, most recently, laws and standards of decency from abroad. Although several of those currently on the bench maintain that foreign laws have no place in American constitutional adjudication, the larger universe in which their institution operates has become increasingly transnational since the end of the Cold War. The term judicial transnationalism has been coined to describe this phenomenon, characterized by unprecedented levels of interaction and exchange between foreign courts and legal activists. This ...


The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller Jan 2011

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 ...


Climate Torts And Ecocide In The Context Of Proposals For An International Environmental Court, Patrick Foster Jan 2011

Climate Torts And Ecocide In The Context Of Proposals For An International Environmental Court, Patrick Foster

Dissertations and Theses

"This thesis is an exploration of two questions that are neither novel nor lacking in exploration: Is an International Environmental Court (IEC) needed? Is such a court feasible? Proposals for an IEC have a rich history, are well founded and numerous. On the issue of necessity, this thesis attempts to pull together historical and current information on two distinct areas of international environmental law and use these analyses to contextualize the need for an international environmental tribunal. Arguments for and against an IEC are presented within a discussion of environmental diplomacy. This thesis begins with a legal discussion of potential ...


A New Experiment On Rational Behavior, Myles R. Macdonald Jan 2011

A New Experiment On Rational Behavior, Myles R. Macdonald

CMC Senior Theses

Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the ...


Revisiting A Proposed Definition Of Professional Service Firms, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty Dec 2010

Revisiting A Proposed Definition Of Professional Service Firms, Asghar Zardkoohi, Leonard Bierman, Daria Panina, Subrata Chakrabarty

Subrata Chakrabarty

We have attempted to explain why professional service firms (PSFs) even in some of the most canonical examples (e.g., law firms) fail to follow the traditional definition. Growth in the size and geographic diversification of law firms has transformed their organizational structures and in some cases even allowed outside investment. We believe an attempt at defining organizational structure and ownership for any industry, including PSFs, is exposed to creating too many exceptions that may fall outside the confines of the definition. In particular, the problem of defining an industry is that while a given definition may in one context ...


Westlaw-Schulung Für Fachreferenten/Innen In Recht An Deutschen Rechtsbibliotheken, Jennifer Allison Dec 2010

Westlaw-Schulung Für Fachreferenten/Innen In Recht An Deutschen Rechtsbibliotheken, Jennifer Allison

Jennifer Allison

This is a German-language training session on how to use the Westlaw database for American legal research. It offers a five-step process for using this database to conduct research on a particular legal topic, and includes examples of how to execute these research steps using a specific topic (punitive damages). I presented it multiple times throughout my visit to German law libraries during the summer of 2011.

Hier sind die Folien meiner deutschsprächigen Westlaw-Schulung, die ich im Sommer 2011 an mehreren Bibliotheken in Deutschland gegeben habe. Diese Schulung informiert, wie man die Materialen in Westlaw-International (Rechtsfällen, Zeitschriftsartikeln, Rechtsenzyklopedien, usw.) benutzt ...