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Law

2014

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Articles 1 - 30 of 39

Full-Text Articles in Social and Behavioral Sciences

Taking Distribution Seriously, Robert C. Hockett Dec 2014

Taking Distribution Seriously, Robert C. Hockett

Robert C. Hockett

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 ...


Visualizing Probabilistic Proof, Enrique Guerra-Pujol Nov 2014

Visualizing Probabilistic Proof, Enrique Guerra-Pujol

Washington University Jurisprudence Review

The author revisits the Blue Bus Problem, a famous thought-experiment in law involving probabilistic proof, and presents Bayesian solutions to different versions of the blue bus hypothetical. In addition, the author expresses his solutions in standard and visual formats, that is, in terms of probabilities and natural frequencies.


Measuring The Health Impact Of Medical-Legal Interventions On Low-Income Patients, Medha D. Makhlouf, Valerie Zolezzi-Wyndham Nov 2014

Measuring The Health Impact Of Medical-Legal Interventions On Low-Income Patients, Medha D. Makhlouf, Valerie Zolezzi-Wyndham

Community Engagement and Research Symposia

Research shows that nearly all of the low-income people in the United States have at least one civil legal problem that negatively affects their health. Family Advocates of Central Massachusetts (FACM) is a medical-legal partnership that aims to improve the well-being of vulnerable families by helping patients address legal issues linked to health status, such as access to necessary public benefits, substandard housing, education issues, immigration status, and protection from abusive relationships. The partnership includes Community Legal Aid and its subsidiary, Central West Justice Center, and three medical partners: UMass Medical School, UMass Memorial Children’s Medical Center, and Edward ...


Capitalism And Criminal Justice, Peter Kraska, John Brent Oct 2014

Capitalism And Criminal Justice, Peter Kraska, John Brent

Peter Kraska

Capitalism and Criminal Justice examines how state and economic forces work together through a dialectic process in efforts to prepare social and cultural capital for economic accumulation. This unique book demonstrates the close working relationship between the state and market by focusing on two recent trends: the emergence of the Ultimate Fighting Championship (cage-fighting) and the use of performance enhancing drugs (PEDs). These trends are examined as illustrative of the state/market nexus in sanctioning and criminalizing transgressive behaviors. The books aims to both deepen criminology’s understanding of the criminalization/legalization process, and introduce a genre of theoretical work ...


Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor Oct 2014

Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of the poisonous ...


Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge Oct 2014

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and ...


The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook Jul 2014

The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook

School of Information Sciences Faculty Research Publications

This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The ...


Press Definition And The Religion Analogy, Ronnell Andersen Jones Jun 2014

Press Definition And The Religion Analogy, Ronnell Andersen Jones

Faculty Scholarship

n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.


U.S. Immigration: The Origins And Evolution Of Contemporary Issues And The Architecture Of Future Reform, Andrew Beaule Jun 2014

U.S. Immigration: The Origins And Evolution Of Contemporary Issues And The Architecture Of Future Reform, Andrew Beaule

Honors Theses

In 1965, the United States Congress passed the Immigration and Nationality Act, attempting to remove racial, religious, and cultural discrimination from the immigration system. However, the infamous act and subsequent legislation have caused unintended consequences. Illegal immigration has skyrocketed despite a massive increase in border enforcement; and Central Americans, particularly Mexicans, have become the target of racial and cultural discrimination, much like the Southern European immigrants of the early 1900s. The current immigration system still relies on the framework passed nearly 50 years ago, proving to be insufficient for contemporary United States. This thesis investigates the historical patterns in immigration ...


The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang Apr 2014

The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang

This article takes a closer look at the Ghanaian legal system at a glance, examining the supposedly independence of the three arms of government.The article focus on the political influence which is sometimes exerted on the judiciary which I termed "the Shadows" affecting the rule of law in the country.


The Courts And The Media: Challenges In The Era Of Digital And Social Media, Patrick Keyzer, Jane Johnston, Mark Pearson Apr 2014

The Courts And The Media: Challenges In The Era Of Digital And Social Media, Patrick Keyzer, Jane Johnston, Mark Pearson

Jane Johnston

The jury system is under threat, as jurors turn to Google and defy instructions to stick to the evidence. The news media struggle with inconsistent suppression orders. Judges wonder how to insulate justice from Twitter and Facebook. The eminent contributors to this book are Chief Justices, journalists, News Ltd’s former CEO, legal scholars and court officials. They see the anxieties from different viewpoints - and the opportunities as well - but none are under illusions about how serious (and complex) the issues are becoming.


Indigenous Women, Mother Tongues, And Nation Building In New England: A Tribal Policy Leadership Series, Amy Den Ouden, Chris Bobel Apr 2014

Indigenous Women, Mother Tongues, And Nation Building In New England: A Tribal Policy Leadership Series, Amy Den Ouden, Chris Bobel

Office of Community Partnerships Posters

In collaboration with the Wôpanâak Language Reclamation Project (WLRP), Indigenous women educators and leaders, the Dept. of Women’s and Gender Studies is redesigning WOST/WGS 270, Native American Women in North America, to incorporate a lecture series on nation building and a semester-long community engagement project fostering student leadership in a research and policy formation project focused on legislating and funding a Native American language education law in Massachusetts.


Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr. Mar 2014

Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.

Donna M. Hughes

For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.


Gender And Divorce In Contemporary Singapore, Shirley Hsiao-Li Sun Mar 2014

Gender And Divorce In Contemporary Singapore, Shirley Hsiao-Li Sun

Shirley Hsiao-Li SUN

How do individuals perceive and experience divorce in a self-proclaimed Confucian state, but with a legal system based on the English common law system? Moreover, are there differences in the experiences between divorced women with professional careers and divorced men whose ex-wives are professional women? This paper attempts to address these questions in the context of Singapore, a city-state in Southeast Asia, where more than 70% of the citizenry is Singaporean Chinese. While most existing studies have examined women’s and men’s experiences with divorce separately, we compare and contrast these individuals’ experiences in the same cultural and legal ...


Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann Mar 2014

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann

Political Science Faculty Research

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.


No Blood In The Water: The Legal And Gender Conspiracies Against Countess Elizabeth Bathory In Historical Context, Rachael Leigh Bledsaw Feb 2014

No Blood In The Water: The Legal And Gender Conspiracies Against Countess Elizabeth Bathory In Historical Context, Rachael Leigh Bledsaw

Theses and Dissertations

This thesis explains and discusses the conspiracies reported against the Hungarian noblewoman, Countess Elizabeth Bathory, regarding her confinement and the arrest of her accomplices in December 1610. The conspiracies state that the Countess was unjustly targeted and charged not because she was guilty of the deaths of several dozen girls from torture, but because she represented a threat to the Hapsburg Empire due to her wealth, her political influence, and her widowhood. This thesis explores the rationality of these two conspiracies using historical context regarding the position of noblewomen in Central and Eastern Europe and the function and use of ...


Forum Proceedings From “Uavs: Pros Vs Cons Symposium” In Toronto, Canada, June 2013, Katina Michael Feb 2014

Forum Proceedings From “Uavs: Pros Vs Cons Symposium” In Toronto, Canada, June 2013, Katina Michael

Associate Professor Katina Michael

Unmanned Aerial Systems (UAS), widely referred to as drones, are becoming increasingly relevant in civilian as well as military applications. UAS have been used by emergency services to help respond to and map environmental crises, to find missing people, to fight fires, and respond to traffic accidents. Their use in policing and border patrol functions is being trialled in many Western countries. Like other recent technologies (mobile phones etc), as they become cheaper and easier to use, they are likely to become much more prevalent in civilian life across a range of applications.

This conference will examine the current state ...


Terrorism, International., Jibey Asthappan Jan 2014

Terrorism, International., Jibey Asthappan

Criminal Justice Faculty Publications

International terrorism is a relatively new phenomenon considering the age of terrorism. Terrorism has been used for over 2,000 years, but international terrorism as we know it today was made possible by technological advances. This entry begins by reviewing pivotal historical events that led to terrorism's use, as well as the underlying reasons for terrorism today. The article then discusses the influence of political stability and culture on international terrorism. Finally, a brief discussion of counter-terrorism strategies highlights the means by which terrorism is prevented.


Legitimation, Mark C. Modak-Truran Jan 2014

Legitimation, Mark C. Modak-Truran

Mark C Modak-Truran

This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those in predominantly ...


An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group Jan 2014

An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group

Books, Reports, and Studies

[11] p. : color illustrations ; 28 cm


Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group Jan 2014

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.


State-Making, Evidence-Making, And Claim-Making: The Cases Of Torture And Enforced Disappearances In Post-1980 Turkey, Basak Can Jan 2014

State-Making, Evidence-Making, And Claim-Making: The Cases Of Torture And Enforced Disappearances In Post-1980 Turkey, Basak Can

Publicly Accessible Penn Dissertations

This thesis concerns the struggles over the production of the truth of state violence in Turkey in the three decades following the infamous 1980 military coup. Specifically, it focuses on cases of torture and enforced disappearance, two forms of violence which the state not only used extensively but also around which it built a specific regime of denial in collaboration and complicity with the official forensic institution. The latter is the ultimate authority that produces medical documents and reports that can be used in making legal claims.

Based on two years of fieldwork in human rights NGOs, forensic medicine institutions ...


The End Of The Pipeline: A Journey Of Recognition For African Americans Entering The Legal Profession [Review Of The Book], La Loria Konata Jan 2014

The End Of The Pipeline: A Journey Of Recognition For African Americans Entering The Legal Profession [Review Of The Book], La Loria Konata

University Library Faculty Publications

No abstract provided.


I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone Jan 2014

I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone

Australian Security and Intelligence Conference

Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and ...


Women, Law, And Human Rights In Cameroon: Progress Or Status Quo?, Victoria M. Time Jan 2014

Women, Law, And Human Rights In Cameroon: Progress Or Status Quo?, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

This paper assesses what progress there is in Cameroon regarding women’s statuses. Based on a qualitative strategy, the paper examines laws that are in place to address women’s plight in the country. The paper argues that while progress is being made on some levels, the status quo, that is, female marginalization is still entrenched in other facets. The paper advances recommendations for creating an egalitarian society.


Adam Smith And Entangled Political Economy, Maria Pia Paganelli Jan 2014

Adam Smith And Entangled Political Economy, Maria Pia Paganelli

Economics Faculty Research

Entangled Political Economy, the idea that the economy and the polity are a nexus of interrelations often with unplanned outcomes, is close to the concept of economics that Adam Smith presents, a concept which was not shaped by strict discipline barriers. I show that Adam Smith analyzes the nature and causes of the wealth of nations by analyzing the interaction of the economy with politics, ethics, and the law. In particular, Smith presents each of these systems as a network of relations with all the other systems: the economy is entangled not just with the polity, but also with other ...


Ordinary Soldiers: A Study In Ethics, Law And Leadership, David Frey, Waitman Beorn, Jennifer Ciardelli, Gretchen Skidmore, Jody Prescott Jan 2014

Ordinary Soldiers: A Study In Ethics, Law And Leadership, David Frey, Waitman Beorn, Jennifer Ciardelli, Gretchen Skidmore, Jody Prescott

West Point Research Papers

Ordinary Soldiers uses a World War II case study as the basis for educating, training, and inspiring current and future officers through critical consideration of leadership and ethics. The resource prompts discussion of the legal and ethical standards U.S. military professionals are expected to meet, the challenges military leaders face in making consistently legal decisions in a combat theater, and the consequences of failure to meet these standards. Ordinary Soldiers has been designed in a modular format that can be adapted depending upon time available, lesson objectives, and class sizes ranging from just a few students to nearly 100 ...


Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser Jan 2014

Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser

Washington University Jurisprudence Review

No abstract provided.


Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii Jan 2014

Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii

Washington University Jurisprudence Review

No abstract provided.