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Law

2013

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Institution
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Articles 1 - 30 of 51

Full-Text Articles in Social and Behavioral Sciences

Velocity Distribution In Non-Uniform/Unsteady Flows And The Validity Of Log Law, Ishraq Alfadhli, Shu-Qing Yang, Muttucumaru Sivakumar Dec 2013

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

Ishraq Hamdan Alfadhli

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


El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes Dec 2013

El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Antes de abordar la construcción y la evolución histórico-­doctrinal de los Derechos Fundamentales, nos parece obligatorio hacer una breve delimitación de los conceptos de Estado y de Soberanía, ya que el desarrollo del campo de los Derechos Humanos se hace de forma exterior al Ius propiam civitatis, y por veces contra él, contexto que la Globalización económica y la emergencia de la Sociedad de la Información han agudizado, ya que estas nuevas variables colocan problemas de transcendencia jurídica, funcional y transforman, radicalmente, las visiones tradicionalistas sobre jurisdicciones y competencias.


From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang Nov 2013

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 ...


'Dred Scott V. Sandford' Analysis, Sarah E. Roessler Nov 2013

'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.


A New Introduction To American Constitutionalism, Mark Graber Oct 2013

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

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

David Ingram

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 ...


Book Review: Cultural Resource Laws And Practices: An Introductory Guide By Thomas F. King, James Symonds Oct 2013

Book Review: Cultural Resource Laws And Practices: An Introductory Guide By Thomas F. King, James Symonds

Northeast Historical Archaeology

Book Review: Cultural Resource Laws and Practices: An Introductory Guide by Thomas F. King, 1998, Altamira Press, Walnut Creek, CA. 303 pages, 9 figures, $46.00 (cloth); $22.95 (paper).


Contract Law And Modern Economic Theory, Daniel A. Farber Sep 2013

Contract Law And Modern Economic Theory, Daniel A. Farber

Daniel A Farber

No abstract provided.


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 Aug 2013

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

Open Dartmouth: Published works by Dartmouth faculty

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 ...


Case Law Research Using Westlaw Campus, Robert Berry Jul 2013

Case Law Research Using Westlaw Campus, Robert Berry

Library Staff Publications

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


A Global Blasphemy Law: Protecting Believers At The Expense Of Free Speech, Kiley Widelitz Jun 2013

A Global Blasphemy Law: Protecting Believers At The Expense Of Free Speech, Kiley Widelitz

Pepperdine Policy Review

Since 1999, the Organization for Islamic Cooperation has annually introduced a resolution to the United Nations Human Rights Council to create an international blasphemy law. The United Nations is currently debating whether to accept a resolution that criminalizes blasphemy. In order to assess whether the United Nations should enact such a law, this article examines the laws of the United States in comparison to three countries that enforce their blasphemy laws: Indonesia, Pakistan, and Saudi Arabia. This article concludes that the United Nations should follow the way of the United States and forgo any restriction on blasphemy, as blasphemy laws ...


Does Brazil Have The Right To Truth?, Glafira A. Marcon Jun 2013

Does Brazil Have The Right To Truth?, Glafira A. Marcon

The Macalester Review

Brazil established its first truth commission in November 2011, which seeks to uncover the human rights abuses committed during the military dictatorship from 1964 to 1985. Although no international treaty or convention explicitly recognizes the right to truth, regional precedent suggests that it is a human rights norm. The Truth Commission faces the following barriers: the Amnesty Law protects perpetrators of human rights violations on either side of the conflict, tensions exist between the Brazilian Supreme Court and the regional human rights court, and politically strong military officials still present in the Brazilian government actively block the Truth Commission’s ...


The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer Jun 2013

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen ...


The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer Jun 2013

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen ...


The Georgia State University Copyright Case (Cambridge University Press V. Becker) And What It Means For Librarians, Judson L. Strain Jun 2013

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 a ...


Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate May 2013

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

Winifred L. Tate

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 ...


A Longitudinal Study Of Lgbtq-Rights Interest Groups, Pacs, And State Rights, Jennifer Ann Dobbins May 2013

A Longitudinal Study Of Lgbtq-Rights Interest Groups, Pacs, And State Rights, Jennifer Ann Dobbins

Chancellor’s Honors Program Projects

No abstract provided.


The State Of Nature X: Why Leave? A Preface On The State Of Nature Theory, Zachary S. Stirparo Apr 2013

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 ...


Factors Responsible For Work-Life Conflict: A Study Comparing The Teaching And Legal Professions, Waleska A. Vernon Mar 2013

Factors Responsible For Work-Life Conflict: A Study Comparing The Teaching And Legal Professions, Waleska A. Vernon

Electronic Thesis and Dissertation Repository

The purpose of this study was to examine the nature of work-life conflict (WLC) as experienced by mid-career members of the teaching and legal professions with a view to both determining the extent to which the universal WLC factors identified by previous research apply to specific professions and identifying any WLC factors unique to the teaching and legal fields. Participants included four business law firm lawyers and four teachers working in large urban Ontario settings, all with at least five years of experience working in their field. A phenomenological design using semi-structured interviews was employed. Eight themes were identified for ...


Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives Mar 2013

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.


Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin Feb 2013

Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin

Bryan H. Druzin

This paper proposes a semiotic theory of norms—what I term normative semiotics. The paper’s central contention is that social norms are a language. Moreover, it is a language that we instinctively learn to speak. Normative behaviour is a mode of communication, the intelligibility of which allows us to establish cooperative relationships with others. Normative behaviour communicates an actor’s potential as a cooperative partner. Compliance with a norm is an act of communication: compliance signals cooperativeness; noncompliance signals uncooperativeness. An evolutionary model is proposed to explain how this comes about: evolution has generated an instinctual proficiency in working ...


Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz Feb 2013

Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz

Marjorie M. Shultz

United States. Some emphasis on the Baby M case.


The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins Feb 2013

The Laws Of Nature: Reflections On The Evolution Of Ecosystem Management Law And Policy, Kalyani Robbins

The University of Akron Press Publications

This timely collection written by an interdisciplinary array of law professors, who specialize in legal and policy issues surrounding ecosystem management, and scholars and practitioners in areas such as environmental policy and planning, conservation, economics, and biology explore why ecosystems must be valued and managed in their own right. The importance of ecosystems has been underestimated. We cannot simply hope ecosystems will benefit from legislation focused on other environmental and natural resource protections, such as those for wildlife, trees, air and water. An ecosystem, a community of organisms together with their physical environment, viewed as a system of interacting and ...


Administrative Discretion: Can We Move Beyond The Cider House Rules, Jennifer Alexander, Samuel Richmond Jan 2013

Administrative Discretion: Can We Move Beyond The Cider House Rules, Jennifer Alexander, Samuel Richmond

Jennifer K Alexander Dr

The authors use a novel, The Cider House Rules, as a framework to examine legitimate administrative action when execution of a law will result in harm. Four political values that have informed administrative dissent are reviewed: publicity, utility, democracy, and liberty. The authors identify questions to serve as guidelines for front-line administrators when deciding to exercise discretion in opposition to a political mandate. The questions offer checkpoints for considering whether administrative action in opposition to mandate is ethical. The authors extend the logic of the new public service by arguing that administrators are responsible for protecting liberty because liberty is ...


Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann Jan 2013

Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.


How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann Jan 2013

How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.


Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz Jan 2013

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.


Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz Jan 2013

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed ...


Indigenous Women And Violence In Colombia Agency, Autonomy, And Territoriality, Clara Irazabal, Marcela Tovar-Restrepo Jan 2013

Indigenous Women And Violence In Colombia Agency, Autonomy, And Territoriality, Clara Irazabal, Marcela Tovar-Restrepo

Clara Irazabal

The violence and de/reterritorializing strategies used by armed groups in Colombia disproportionally affect indigenous peoples, especially indigenous women, whose ethno-gender roles, forms of territoriality, agency, and autonomy are being altered. Conflict and new forms of territoriality restrict the satisfaction of ethno-gender-based material needs and interests, with negative impacts on women’s own and their families’ lives. At the same time, they offer some women new roles, agency, and autonomy and empowerment through individual and collective action. Policy makers should strive to open up these windows of opportunity for indigenous women while protecting them from the depredations of war.


Law And The Entitlement To Coerce, Robert C. Hughes Jan 2013

Law And The Entitlement To Coerce, Robert C. Hughes

Legal Studies and Business Ethics Papers

A long tradition in political and legal philosophy regards coercion as central to the very idea of law. Some historical figures, such as Hobbes, Locke, and Austin took the position that there can be no law without a coercive sanction. Many philosophers of law, most famously H.L.A. Hart, have called this view into question.1 Nonetheless, many political and legal philosophers continue to believe that law is necessarily connected with coercion in a subtler way. Whenever government is entitled to make a law that imposes a direct requirement on conduct, it is entitled to use coercion to enforce ...