Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

2012

Discipline
Institution
Publication
Publication Type
File Type

Articles 1 - 25 of 25

Full-Text Articles in Social and Behavioral Sciences

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck Dec 2012

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck

Theses and Dissertations

Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform ...


Constitutive Law And Environmental Policy, Holly Doremus Nov 2012

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.


All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee Nov 2012

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee

Keith J. Bybee

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy ...


Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino Oct 2012

Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino

FIMS Presentations

No abstract provided.


States' Rights Apogee, 1760-1840, Ryan Setliff Oct 2012

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky ...


Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang Sep 2012

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common ...


Navajo Peacemaking And Māori Restorative Justice: A Comparison Of Process And Procedure, Alethia Z. Fenney Aug 2012

Navajo Peacemaking And Māori Restorative Justice: A Comparison Of Process And Procedure, Alethia Z. Fenney

All Regis University Theses

Due to the failure of some crime control approaches in law enforcement alternatives are being examined to determine their applicability in today's society. One of the approaches gaining criminological attention is "Navajo Peacemaking". another similar style of crime control is the Māori restorative justice process used in New Zealand. The purposed of this research study is to examine and compare these processes to determine their applicability as crime prevention tools in U.S. towns and cities. Walter Miller's Focal Concerns Theory was used to address the difference in motivation between mainstream culture and its subcultures. The results from ...


Access To Spatial Data: The Political Power Of Legal Control Mechanisms, Patrice A. Day Aug 2012

Access To Spatial Data: The Political Power Of Legal Control Mechanisms, Patrice A. Day

Theses and Dissertations

According to the U.S. Supreme Court (Island Trees School District v. Pico, 457 U.S. 853, 1982), the Constitution presupposes that the free flow of information between the government and the public is essential to maintaining an informed citizenry, which in turn is essential to holding governments accountable. However, local governments are increasingly using various legal mechanisms to limit public access to geographic information (GI), and this in turn can potentially disrupt this balance. Licensing and copyright are two such mechanisms that local government agencies are using to limit GI access and distribution.

If information is power, whoever controls ...


Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy Jul 2012

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).


Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review Jul 2012

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.


Effects Of Gender Composition Of Target And Sender Dyads On The Tendency To Infer Lies, Byron J. Simoneaux Jul 2012

Effects Of Gender Composition Of Target And Sender Dyads On The Tendency To Infer Lies, Byron J. Simoneaux

Doctoral Dissertations

Lying is so common in human behavior that some have labeled it a social skill. Despite the ubiquity of lies, humans have consistently been found to be poor lie detectors. Attempts have been made to improve the accuracy of human lie detection. Unfortunately, the most successful training only improves accuracy slightly above the level of chance. Because of its importance to society, considerable effort has been aimed at developing methods to help determine when people are lying. Researching how and why humans infer that another person is lying has the potential to advance the understanding of lie detection. Researchers have ...


The Fourth Amendment After The Usa Patriot Act: Cross-State Comparison On The Effect Of Ideology And Partisanship In State Legislation Of Anti-Patriot Act Resolutions And Wiretapping/Eavesdropping Laws, Zoe Atlas Jun 2012

The Fourth Amendment After The Usa Patriot Act: Cross-State Comparison On The Effect Of Ideology And Partisanship In State Legislation Of Anti-Patriot Act Resolutions And Wiretapping/Eavesdropping Laws, Zoe Atlas

Honors Theses

The USA Patriot Act, passed in September 2001, changed the standards of Fourth Amendment rights and protections. The USA Patriot Act gave more authority to the government and diminished the rights and privileges given to individual citizens. An eruption of Fourth Amendment legislation and cases arose in the states following the passage of the act and it created a problem for policy and implementation. The legislation presented, for the USA Patriot Act and wiretapping/eavesdropping laws, demonstrated the differences in opinions on these issues on the individual state level. These drastic differences in policy between states created a question of ...


The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell May 2012

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.


Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield May 2012

Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield

Scripps Senior Theses

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application ...


Temporal Shifts In Weapon Focus: Comparing Retrograde And Anterograde Effects, William Blake Erickson May 2012

Temporal Shifts In Weapon Focus: Comparing Retrograde And Anterograde Effects, William Blake Erickson

Theses and Dissertations

When an eyewitness suffers an impairment of memory for a criminal's face because the criminal used a weapon during the commission of the crime, this impairment is called the weapon focus effect. Literature provides two explanations for how this effect arises: some implicate the narrowing of attentional cues to the weapon during the commission of a crime because arousal of the victim increases, while others claim that the weapon is merely a novel object in most everyday contexts, and novel objects demand more attention than contextually appropriate ones. The current study employed a simulated crime paradigm taking place in ...


Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta May 2012

Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta

Political Science Honors Projects

This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.


An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr Apr 2012

An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr

David C Taylor Jr

This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.


Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin Apr 2012

Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin

Mohammad Amin

Using newly available data on whether a country gives additional legal rights or not for flexible or part-time work schedule to employees with minor children, we analyze the impact of such provision in the law on female employment. For a representative sample of manufacturing firms in 57 developing countries, we find that the stated provision in the law has a large positive effect on the employment of females. Specifically, on the conservative side, the provision in the law increases the proportion of females in the workforce by 7.7 percentage points, a large effect given that on average females constitute ...


Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt Feb 2012

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.


La Demostración Jurídica Y Económica: Similitudes Interdisciplinarias Entre Hipótesis, Causas, Efectos Y Normas. La Norma Económica., José Manuel Martin Coronado Feb 2012

La Demostración Jurídica Y Económica: Similitudes Interdisciplinarias Entre Hipótesis, Causas, Efectos Y Normas. La Norma Económica., José Manuel Martin Coronado

José-Manuel Martin Coronado

Hace unos días leí una entrada de blog de un joven abogado de una conocida universidad y (aparentemente) funcionario público, la cual trataba de una aparente metodología para la resolución de casos. Dado el especial interés del autor por el tema metodológico, bastante ausente entre los profesionales del derecho, creí conveniente felicitar su iniciativa. No obstante, también había un elemento de crítica, el relativo a la metodología bastante antigua y poco práctica en términos modernos (actualización, adaptabilidad, amparo informático, etc.). 1.2. Al parecer la crítica fue interpretada como algo más fuerte que la felicitación, aun cuando reitero, el citado ...


Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke Jan 2012

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location ...


Natural Rights And Equality: The Case Of Injustice In The Senate, Adrian Acosta Jan 2012

Natural Rights And Equality: The Case Of Injustice In The Senate, Adrian Acosta

Open Access Theses & Dissertations

This thesis seeks to demonstrate that the Senate, as it is composed, goes against America's basic ideas of equality. First it examines the foundation of America's ideas of justice and natural rights. This is done by examining both Hobbes and Locke and how they helped influence America's ideals and, more specifically, how equality became a natural right. After that, it takes on whether or not these ideas are still valid to this very day. The thesis proceeds by examining the documents that helped form America and the system of government that got instituted after the second constitutional ...


Practicing Polygamy: Multicultural Right Or Liberal Crime?, Jessica Freitas Jan 2012

Practicing Polygamy: Multicultural Right Or Liberal Crime?, Jessica Freitas

Global Tides

Publication of polygamous practices in American media has brought the issue of the legality of polygamy into American politics and discussion forums as a question that pits multiculturalism and free choice versus liberalism. An evaluation of the legal history and current situation of polygamy reveals two sides to the issue. Advocates of multiculturalism such as Charles Taylor argue that different cultures have a right to recognition of their identity and that their practices are essential to forming that identity. Certain feminists and religious theorists also support this viewpoint. Liberalism, in contrast, argues that polygamy results in the subjugation of women ...


United States Supreme Court Cases From Georgia, Mary Wilson Dec 2011

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.


Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo Dec 2011

Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo

Nick J. Sciullo

No abstract provided.