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Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal 2011 SelectedWorks

Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal

Gregory Brazeal

The U.S. response to mass atrocity has followed a predictable pattern of disbelief, rationalization, evasion, and retrospective expressions of regret. The pattern is consistent enough that we should be skeptical of chalking up the United States’ failures solely to a shifting array of isolated historical contingencies, from post-Vietnam fatigue in the case of the Khmer Rouge to the Clinton administration’s recoil against humanitarian interventions after Somalia. It is implausible to suggest that the United States would have acted to mitigate or end mass atrocities but for the specific historical contingencies that happen to accompany each outbreak of violence ...


How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal 2011 SelectedWorks

How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal

Gregory Brazeal

Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may ...


U.S. Business: Tort Liability For The Transnational Republisher Of Leaked Corporate Secrets, Richard J. Peltz-Steele 2011 University of Massachusetts School of Law - Dartmouth

U.S. Business: Tort Liability For The Transnational Republisher Of Leaked Corporate Secrets, Richard J. Peltz-Steele

Faculty Publications

Wikileaks, the web enterprise responsible for the unprecedented publication of hundreds of thousands of classified government records, is reshaping fundamental notions of the freedom of information. Meanwhile more than half of records held by Wikileaks are from the private sector, and the organization has promised blockbuster revelations about major commercial players such as big banks and oil companies. This paper examines the potential liability under U.S. business-tort law for Wikileaks as a transnational republisher of leaked corporate secrets. The paper examines the paradigm for criminal liability under the Espionage Act to imagine a construct of civil liability for tortious ...


"Perrymandering": A New Redistricting Plan In Texas Impacts The Latino Vote, Norma E. Loza 2011 Loyola University Chicago, School of Law

"Perrymandering": A New Redistricting Plan In Texas Impacts The Latino Vote, Norma E. Loza

Public Interest Law Reporter

No abstract provided.


The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco 2011 IIT Chicago-Kent College of Law

The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco

All Faculty Scholarship

No abstract provided.


The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato 2011 Northwestern University School of Law

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Faculty Working Papers

In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.


The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco 2011 Chicago-Kent College of Law

The Creativity Effect (With C. Sprigman), Christopher J. Buccafusco

Christopher J. Buccafusco

No abstract provided.


Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler 2011 University of Oregon

Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler

Aaron J Shuler

Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.


Reseña De "Making Social Sciences More Scientific: The Need For Predictive Models", De Rein Taagepera, Javier Martín Reyes 2011 Columbia University

Reseña De "Making Social Sciences More Scientific: The Need For Predictive Models", De Rein Taagepera, Javier Martín Reyes

Javier Martín Reyes

Review of Taagepera, Rein, "Making Social Sciences More Scientific: The Need for Predictive Models", Oxford University Press, New York, 2008, 254 pages.


Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar 2011 National Law University, Delhi

Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Islamic Banking In India, Mubashshir Sarshar 2011 National Law University, Delhi

Islamic Banking In India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Child Labour In India, Mubashshir Sarshar 2011 National Law University, Delhi

Child Labour In India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar 2011 National Law University, Delhi

Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Environmental Refugees, Mubashshir Sarshar 2011 National Law University, Delhi

Environmental Refugees, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Laws Relating To Data Protection In India, Mubashshir Sarshar 2011 National Law University, Delhi

Laws Relating To Data Protection In India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Review Of 'The Judicial House Of Lords 1876-2009' By Louis Blom-Cooper, Brice Dickson And Gavin Drewry, Lindsay J. Stirton Ph.D. 2011 University of Sheffield

Review Of 'The Judicial House Of Lords 1876-2009' By Louis Blom-Cooper, Brice Dickson And Gavin Drewry, Lindsay J. Stirton Ph.D.

Lindsay J Stirton Ph.D.

No abstract provided.


Africa, Mark J. Calaguas 2011 SelectedWorks

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2010 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.


Collective Choice, Justin Schwartz 2011 .

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility ...


America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall 2011 Huntingdon College; Faulkner University; Supreme Court of Alabama

America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall

Allen P Mendenhall

This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and ...


Children's Oppression, Rights And Liberation, Samantha Godwin 2011 Yale Law School

Children's Oppression, Rights And Liberation, Samantha Godwin

Samantha Godwin

This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could ...


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