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Law

2015

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Full-Text Articles in Social and Behavioral Sciences

Neurologists Look At Causes Of Baffling Brain Condition, Maggie Freleng Dec 2015

Neurologists Look At Causes Of Baffling Brain Condition, Maggie Freleng

Capstones

It can be hard getting help for someone with mental illness, but almost impossible when that person doesn't think they are sick. At at least half of people with schizophrenia, for example, insist that the voices they hear are real. People who do not know they are ill often refuse therapy and medication -- and their symptoms can spiral out of control. Doctors call this lack of awareness anosognosia. Neurologists are trying to discover what causes this baffling condition--and how to treat it.


Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño Dec 2015

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …


The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer Nov 2015

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …


On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael Oct 2015

On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael

Graduate Student Publications and Research

One of the few basic premises that sociological analysis assumes is a general answer to the question of how society is organized according to some sort of agreement or contract. Elucidating how this question is still unsettled requires an exploration of how several prominent thinkers have considered what the basis for society is and how it is related to justice founded in the cognitive sociological basis of individuality. Drawing on the cognitive and cultural turn, this critique offers a revision of the structure-agency problem and examines the implications for a sociological conception of freedom and a corresponding concept of causation …


Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq Oct 2015

Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

This presentation is a case study of challenges to investigating sex trafficking created by decriminalized prostitution. For 29 years (from 1980 to 2009) in Rhode Island, engaging in prostitution was not prohibited or regulated. Commercial sex acts were private and beyond the interest of the state. Lack of laws or regulations of prostitution created a permissive legal, economic, and cultural environment for the growth of prostitution businesses. Local police were impeded from investigating alleged sex trafficking because police had no legal cause to investigate private activities. In interviews, law enforcement officials repeatedly stated that they did not have the laws …


Book Reviews, Usawc Parameters Sep 2015

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko Aug 2015

The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko

LLM Theses

The various post-colonial armed conflicts bedeviling Third World States have claimed numerous lives and properties, drained its resources, displaced millions and have put the territory’s development move on the reverse gear. This thesis, from the theoretical perspective of Third World Approaches to International Law (“TWAIL”) is a contribution to the various on-going discussions on the roles that colonialism played in triggering bitter conflicts, confusion, and unhealthy rivalries amongst Third World peoples. Not losing sight of the internal dimensions to these conflicts, the thesis also examines the degree of contributions by some power-drunk and despotic Third World governments to these conflicts. …


Tailoring Legal Protection For Computer Software, Peter S. Menell Aug 2015

Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.


Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr. Aug 2015

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …


Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson Jul 2015

Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson

Calvin Morrill

Everyday legal discount refers to the spoken language with which ordinary people constitute the law-in-action. In this article, we experimentally investigate the social distribution of rule-and relationally-oriented discourse found by ethnographers in small-claims court settings. We examine the influences of sex differences and social ties between disputants on these types of discourse in a mock small-claims setting using a quantitative content coding scheme. We do not find empirical support for sex differences in the production of simulated everyday legal discourse. The relational context of a dispute (operationalized as the strength of social ties between disputants) has significant effects on the …


Ethnographic Refusal As Research Method: Example From A Study Of A Family Court Child Custody Mediation Program, Alexandra Crampton Jul 2015

Ethnographic Refusal As Research Method: Example From A Study Of A Family Court Child Custody Mediation Program, Alexandra Crampton

Social and Cultural Sciences Faculty Research and Publications

Mediation is a dispute resolution process in which a third party neutral facilitates discussion towards amicable agreement. Parents in Wisconsin filing disputed claims in family court over child custody or physical residence must attend mediation before going back to court. I began research on the Milwaukee Family Court Child Custody Mediation program three years ago with anticipation of data collection challenges due to sensitivity of the topic and need for multiple research permissions. Multiple and ongoing permission is necessary given an ethnographic extended case study research design. This approach was chosen to analyze the meanings of mediation within larger social …


Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova Jun 2015

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …


Managing Political And Investment Risk In The International Oil And Gas Industry, Steven Alfred Mucci May 2015

Managing Political And Investment Risk In The International Oil And Gas Industry, Steven Alfred Mucci

Dissertations

The effectiveness with which political and investment risk are managed in the oil and gas industry are important for several reasons. First, oil and gas are essential for sustaining current economic activity and promoting economic growth. Second, the balance between supply and demand determines the price of oil and gas. Therefore the price and availability of oil and natural gas are also matters of national security. Third, the search for a secure supply of oil and gas affects the political, military and economic relations between countries. This study addresses four questions. What institutions and strategies are available for managing political …


Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia May 2015

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …


Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul Apr 2015

Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul

Political Science Honors Projects

The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.


Mediation, Seng Onn Loong, Dorcas Quek Anderson Apr 2015

Mediation, Seng Onn Loong, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.


Lawyered Up: Local Communities, Courts, And Urban Renewal, Madeline Spolin Apr 2015

Lawyered Up: Local Communities, Courts, And Urban Renewal, Madeline Spolin

Sociology Honors Projects

What is the role of the judicial system in solving issues of urban renewal? I propose that communities use courts as a redress to become part of the decision making process on urban renewal issues, because courts provide procedural issues that are easily open to challenge in federal statute. I analyze public statements made throughout the construction of the Green Line in Minneapolis and St. Paul, Minnesota, a federally funded urban renewal project. In spite of built in public consultation processes, changes to transit design do not occur when concerns are raised at public consultation meetings; instead, they come from …


Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen Mar 2015

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak Feb 2015

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …


The Nigeria Freedom Of Information Law: Progress, Implementation Challenges And Prospects, Funmilola Olubunmi Omotayo Jan 2015

The Nigeria Freedom Of Information Law: Progress, Implementation Challenges And Prospects, Funmilola Olubunmi Omotayo

Library Philosophy and Practice (e-journal)

Abstract

Freedom of Information (FoI) refers to the right which citizens in a society are expected to have to access information held by government institutions and officials. This paper reviews the Nigeria Freedom of Information Act, 2011 and discusses the progress that has been made so far with the enactment of the law. Challenges that are confronting the implementation of the Act are highlighted while solutions are proffered to the overcome these challenges. The paper also looks at the practicability of the law in relation to the current Nigerian context in terms of the understandings and attitudes of citizens and …


Legal Primer, Hampton Roads Sea Level Rise Preparedness And Resilience Intergovernmental Pilot Project, Legal Working Goup Jan 2015

Legal Primer, Hampton Roads Sea Level Rise Preparedness And Resilience Intergovernmental Pilot Project, Legal Working Goup

Hampton Roads Intergovernmental Pilot Project: Reports

A legal primer developed by the Legal Working Group of the Hampton Roads Sea Level Rise Preparedness and Resilience Intergovernmental Pilot Project. Includes a memo from Roy A. Hoagland, Chair of the IPP Legal Working Group and Director of the Virginia Coastal Policy Clinic at William & Mary Law School to Jim Redick, Chair of the IPP Steering Committee, dated August 13, 2015.


Identifying The Prevalence Of The “Dark Triad” Personality Traits In Law Students: Eradicating An Unwarranted Stereotype, Jacob I. Newton Jan 2015

Identifying The Prevalence Of The “Dark Triad” Personality Traits In Law Students: Eradicating An Unwarranted Stereotype, Jacob I. Newton

Undergraduate Honors Theses

The personalities of lawyers are often categorized to be immoral, at least more so than those of other professionals. An abundance of literature parallels this generalization and depicts lawyers’ personalities as narcissistic, psychopathic and high in Machiavellian attitudes. Together, these three traits form the “Dark Triad” of personality. 53 law students from 3 law schools in Ontario completed a survey measuring their levels on the “Dark Triad”. Results show that the law students from the present sample do not display any “Dark Triad” trait significantly greater than the general population. It found that male law students were not significantly “darker” …


Do Our Perceptions Affect Our Decision Making In Legal Contexts?, Scott Benedict Jan 2015

Do Our Perceptions Affect Our Decision Making In Legal Contexts?, Scott Benedict

Undergraduate Honours Theses

Previous research has established that community interaction with the mentally ill, public education on the subject, and social integration all lead to a significantly more positive prognosis for sufferers of mental illness (Trute & Loewen, 1978), especially in ensuring less-frequent interaction with the legal system. Research has also shown however, that the misinformed and uneducated are more punitive and less empathetic (Shaw & Woodworth, 2013). The large representation of the mentally ill in the prison system necessitates revisions of policies regarding the handling of mental illness in social and community immersion, public education and legal contexts. The present study was …


Why Lawyers Fear Love: Mohandas Gandhi’S Significance To The Mindfulness In Law Movement, Nehal A. Patel Jan 2015

Why Lawyers Fear Love: Mohandas Gandhi’S Significance To The Mindfulness In Law Movement, Nehal A. Patel

Nehal A. Patel

Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, …


Making Good Law: Research And Law Reform, Wendy Larcombe, Natalia K. Hanley, Bianca Fileborn, Nicola Henry, Anastasia Powell Jan 2015

Making Good Law: Research And Law Reform, Wendy Larcombe, Natalia K. Hanley, Bianca Fileborn, Nicola Henry, Anastasia Powell

Faculty of Social Sciences - Papers (Archive)

Research plays an integral role in law-making processes. But could academic research be applied more strategically to improve the processes and outcomes of law reform?


A Refined General Summation Law For Vu Emission Assessment In Radial Networks, Jayatunga Vitharanage Upuli Priyadarshani Jayatunga, Sarath Perera, Philip Ciufo, Ashish P. Agalgaonkar Jan 2015

A Refined General Summation Law For Vu Emission Assessment In Radial Networks, Jayatunga Vitharanage Upuli Priyadarshani Jayatunga, Sarath Perera, Philip Ciufo, Ashish P. Agalgaonkar

Faculty of Engineering and Information Sciences - Papers: Part A

Voltage unbalance (VU) management of power systems requires the development of well researched engineering practices to maintain acceptable VU levels while utilising the total VU absorption capacity of the power system. In this regard, IEC/TR 61000-3-13:2008 prescribes a VU emission allocation methodology based on a stochastic approach which uses a general summation law in order to aggregate numerous sources of unbalance to take into account their random variations. On the other hand, recent deterministic studies on VU emission assessment at the post-connection stage of unbalanced installations present a complex VU factor based approach to determine constituent components of the post-connection …


Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Jan 2015

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson

Walden Dissertations and Doctoral Studies

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …


The Requirement To Be Fit And Proper: What Does It Mean To Australian Psychologists?, Francesca A. Bell Jan 2015

The Requirement To Be Fit And Proper: What Does It Mean To Australian Psychologists?, Francesca A. Bell

Theses: Doctorates and Masters

The phrase fit and proper is used in the Health Practitioners Regulation National Law Act (Qld), 2009, which came into effect nationally in 2010 and governs psychologists. As with previous legislation that used the phrase, the legislator does not define fit and proper, leaving it up to each profession to determine its exact meaning and inform the courts accordingly. A review of the literature established that to date no Australian psychologist has attempted to define the construct. This means that Australian lawyers do not get any guidance from psychologists regarding how they should interpret the phrase fit and proper in …


Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan Jan 2015

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection Yong Pung How School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can …


How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins Jan 2015

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …