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836 full-text articles. Page 3 of 27.

A Duty To Document, Marc Kosciejew 2016 University of Malta

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of ...


Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively 2016 Kennesaw State University

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical incidents and ...


De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco 2016 Yale

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.


Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt 2016 Brigham Young University Law School

Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt

BYU Law Review

One of the fundamental goals of law is to end disputes. This push to “settlement” is foundational and has historically worked to increase societal efficiency and justice by engendering legitimate expectations among the citizenry. However, the efficient nature of much legal finality, settlement and repose only exists against a background of evolution of the physical environment that is predictable and slowpaced. That background no longer exists. The alteration of the physical world, and thus, the background for our societal structure and decisions, is accelerating rapidly due to human-caused climate change. This creates a mismatch between the law’s tendency to ...


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2016 University of Arizona

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen

Mathal

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll 2016 American University Washington College of Law

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Michael W. Carroll

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual ...


How Civility Works.Pdf, Keith J. Bybee 2016 Syracuse University

How Civility Works.Pdf, Keith J. Bybee

Keith J. Bybee

Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with expressions of disrespect and trolls. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and discord. Everywhere we look, there seems to be conflict and hostility, with shared respect and consideration nowhere to be found. In a ...


Jurisprudence Between Science And The Humanities, Dan Priel 2016 York University

Jurisprudence Between Science And The Humanities, Dan Priel

Dan Priel

For a long time philosophy has been unique among the humanities for seeking closer alliance with the sciences. In this Article I examine the place of science in relation to legal positivism. I argue that, historically, legal positivism has been advanced by theorists who were also positivists in the sense the term is used in the philosophy of social science: they were committed to the idea that the explanation of social phenomena should be conducted using similar methods to those used in the natural sciences. I then argue that since around 1960 jurisprudence, and legal positivism in particular, has undergone ...


The Elements Of Law, John C. H. Wu 2016 St. John's University School of Law

The Elements Of Law, John C. H. Wu

The Catholic Lawyer

No abstract provided.


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson 2016 California State University - San Bernardino

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...


Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton 2016 San Jose State University

Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton

Themis: Research Journal of Justice Studies and Forensic Science

California experienced escalating issues with prison overcrowding from the late 1970s to 2010, as the prison population skyrocketed to unprecedented highs. This article will discuss the problem of prison overcrowding, and one recent policy intervention implemented to decrease overcrowding and offender recidivism rates, the Public Safety Realignment Act (AB 109). After providing background on the Public Safety Realignment Act, this article will analyze the effectiveness of the policy and make recommendations.


Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill 2016 Griffith Law School

Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill

Class, Race and Corporate Power

This article engages with Marx in Miami and the strategies and pedagogical experiences of teaching Marx and Marxism. It relates the experience of teaching Marxism in a compulsory law course at the Gold Coast, Australia. Marx rarely makes an appearance in law schools and this poses particular challenges when it is taught to politically conservative students. Therefore the article supplies a case for teaching Marx arguing why it is not just appropriate for lawyers but irresponsible to exclude it.


Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen 2016 Clark University, University of Pittsburgh

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that ...


Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black 2016 George Mason University

Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black

MAD-RUSH Undergraduate Research Conference

This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could ...


Copyrightx: Harvard University Law School, Sue A. Gardner 2016 University of Nebraska - Lincoln

Copyrightx: Harvard University Law School, Sue A. Gardner

Library Conference Presentations and Speeches

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.


Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos 2016 Florida A & M University College of Law

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It ...


Can Law Be A Source Of Insight For Other Academic Disciplines?, Stephen M. Feldman 2016 University of Wyoming

Can Law Be A Source Of Insight For Other Academic Disciplines?, Stephen M. Feldman

Washington University Jurisprudence Review

Law has been a borrower but not a supplier. Law schools, in effect, have been located on one-way streets, with ideas flowing in but nothing going out. This essay is intended to begin a dialogue that could change the one-way streets between law schools and other university departments into two-way streets. I want to demonstrate that legal and jurisprudential studies can be a source of ideas for scholars in other fields. In particular, this essay argues that the legal concept of the burden of proof can illuminate disputes between theorists of modernism and postmodernism.


Civil Dissent By Obedience And Disobedience: Exploiting The Gap Between Official Rules And Societal Norms And Expectations, Daniel R. Correa 2016 Cowles & Thompson, P.C.

Civil Dissent By Obedience And Disobedience: Exploiting The Gap Between Official Rules And Societal Norms And Expectations, Daniel R. Correa

Washington University Jurisprudence Review

Civil dissent comes in many forms, from peaceful protest to open violation of official rules. But strict obedience to official rules may also serve as a dissenting act. Professors Jessica Bulman-Pozen and David E. Pozen examine obedience as dissent in their article, Uncivil Obedience. The term “uncivil obedience” is meant to capture what Bulman-Pozen and Pozen consider the paradox expressed by “insolence toward law” through conformity to law. This inversely mirrors the paradox expressed by a civil disobedient’s fidelity to law through violation of law.

Conceptually, ‘uncivil obedience’ is best understood as a form of civil disobedience. An uncivil ...


Corporate Identity And Group Dignity, Konstantin Tretyakov 2016 Harvard Law School

Corporate Identity And Group Dignity, Konstantin Tretyakov

Washington University Jurisprudence Review

Every time a decision needs to be made about corporate rights, the theoretical difficulties of corporate identity and personhood have to be overcome. In this article, I analyze these problems from the perspectives of moral philosophy and law, examining how the theories of the former inform and influence legal discourse and practices (including the recent cases of Citizens United and Hobby Lobby); my main point there is that the philosophical and legal understandings of personhood are analytically distinct and should not be confused. Based on my findings, I focus upon one particular teaching about corporate identity—the real entity theory ...


Kant’S Categorical Imperative And Mandatory Minimum Sentencing, Craig Turner 2016 Washington University School of Law

Kant’S Categorical Imperative And Mandatory Minimum Sentencing, Craig Turner

Washington University Jurisprudence Review

Deterrence-based punishment systems are scattered throughout history, and exist in the American legal system today. One such method of deterrence prescribes mandatory punishments for violations of certain crimes, without regarding to underlying circumstances or an assessment of the the individual accused of such crimes. These types of sentencing requirements restrict judicial discretion and are designed to serve as an example for other would-be offenders. While perhaps justifiable under a utilitarian code of ethics, mandatory minimums are morally suspect when assessed through the lens Immanuel Kant’s Categorical Imperative.

The fundamental premise of the second formulation of Kant’s Categorical Imperative ...


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