An Exploratory Study Of Investment Compliance Management In The Enron Collapse,
2013
Thomas Jefferson School of Law
An Exploratory Study Of Investment Compliance Management In The Enron Collapse, Valencia Tamir Johnson Dr.
Valencia T Johnson
This paper is to critique a thesis titled An Exploratory Study of Investment Compliance Management in the Enron Collapse (2013). This thesis can be found on the IBLS database, and on the Thomas Jefferson School of Law record database. This paper mentions the Enron scandal that played a major role in shaking investors’ and stakeholders’ confidence, in part because the corporation’s administrators were able to conceal its losses for nearly five years. This thesis examines the history of Enron and describes the circumstances leading up to its collapse in 2001, paying particular attention to the violation of corporate governance laws …
Reforming The Judiciary By Election: Assessing The Role Of Candidate Demographics In Bolivia’S 2011 Judicial Elections,
2013
University of Mississippi
Reforming The Judiciary By Election: Assessing The Role Of Candidate Demographics In Bolivia’S 2011 Judicial Elections, Miguel Centellas, Laura Suaznabar
Miguel Centellas
Since 2005 election of Evo Morales, Bolivia has been undergoing an unprecedented process of reforms aimed at increasing citizens’ direct access to political power. Among the reforms is the 2011 direct election of high court justices—a first among contemporary democracies. This paper analyzes the results of that unique election. Unlike partisan elections, candidates (who were pre-selected by the legislature) were not allowed to campaign and media coverage of candidates was highly restricted. Instead, the country’s electoral organ was charged with disseminating information about the candidates as part of its mission to educate voters about the judicial elections. Lower-than-average voter turnout …
The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism,
2013
San Jose State University
The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism, Pedja Ilic
Themis: Research Journal of Justice Studies and Forensic Science
While identifying humanity’s most cherished ideals, there is one notion that ultimately supplants all others: the notion of freedom. The concept itself and its encompassing rhetoric have been utilized ad nauseam by virtually all contemporary social orders to validate the levels of civilizational maturity and, perhaps more importantly, to set goals to which the same should strive. However, irrespective of its categorical position at the very summit of conscious human existence, its interpretational elasticity allows for a diminishing number of concessions. This paper offers critique and examines interactions between multiculturalism, cultural relativism, religion, and secularism within contemporary Western societies. It …
The Limits Of Being Transgendered,
2013
San Jose State University
The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber
Themis: Research Journal of Justice Studies and Forensic Science
Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …
Forensic Investigation Of Stamped Markings Using A Large-Chamber Scanning Electron Microscope And Computer Analysis For Depth Determination,
2013
Western Kentucky University
Forensic Investigation Of Stamped Markings Using A Large-Chamber Scanning Electron Microscope And Computer Analysis For Depth Determination, Eric Douglas Jones
Masters Theses & Specialist Projects
All firearms within the United States are required by the Gun Control Act to be physically marked with a serial number; which is at least 0.003” in depth and 1/16” in height. The purpose of a serial number is to make each firearm uniquely identifiable and traceable. Intentional removal of a serial number is a criminal offense and is used to hide the identity and movements of the involved criminal parties. The current standard for firearm serial number restoration is by chemical etching; which is time & labor intensive as well as destructive to the physical evidence (firearm). It is …
Do We Have An Itar Problem: A Review Of The Implications Of Itar And Title Vii On Small Satellite Programs,
2013
SelectedWorks
Do We Have An Itar Problem: A Review Of The Implications Of Itar And Title Vii On Small Satellite Programs, Jeremy Straub, Joe Vacek
Jeremy Straub
The small satellite space certainly falls within the realm of ITAR considerations. Some programs operate under the (perhaps mistaken) belief that ITAR doesn’t apply to them (or that they will never be caught). Others may assert that they are working under the basic research exemption. Still others have implemented ITAR information and facility access controls. At best, ITAR introduces a level of uncertainty regarding small satellite programs; at worst, it may be a predator lurking in the proverbial ‘tall grass’ waiting to pounce. This paper reviews the current state of ITAR legislation (including efforts to reform and revise the law) …
Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome,
2013
The University of Western Ontario
Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey
Electronic Thesis and Dissertation Repository
Little is known about how and when the Psychopathy Checklist Revised (PCL-R) is being introduced into Canadian Courts or how it affects sentencing outcomes. Using the Lexis-Nexis Quicklaw Academic Database to retrieve judge’s sentencing decisions, all 274 cases with PCL-R information for Canadian courts were included in this study. It was hypothesized correctly that PCL-R information would most often be introduced in Long Term Offender (LTO) and Dangerous Offender (DO) applications as well as sentencing cases for murderers and sex offenders. The 274 cases were then reduced to 37 cases in order to focus on sentencing without Dangerous Offender or …
The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy,
2013
SIT Study Abroad
The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy, Charles Herman
Independent Study Project (ISP) Collection
This article presents the findings from an exploration of the 2013 Kenya Supreme Court ruling on the election petition. Raila Odinga, who averred that Uhuru Kenyatta was wrongly declared the victor of the election, brought a challenge to the Supreme Court. This article presents an overview of the election and judicial proceedings and then delves deeper into the issues. An application of Judicial Politics theory to the decision suggests that the Supreme Court was unbiased in the process. It is found that Uhuru Kenyatta supporters generally view the Supreme Court and the decision favorably and believe that no credible evidence …
Education, Complaints, And Accountability,
2013
Harvard University
Education, Complaints, And Accountability, Juan Botero, Alejandro Ponce, Andrei Shleifer
Alejandro Ponce
Better educated countries have better governments, an empirical regularity that holds in both dictatorships and democracies. A possible reason for this fact is that educated people are more likely to complain about misconduct by government officials and that more frequent complaints encourage better behavior from officials. Newly assembled individual-level survey data from the World Justice Project show that, within countries, better educated people are more likely to report official misconduct. The results are confirmed using other survey data on reporting crime and corruption. Citizen complaints might thus be an operative mechanism that explains the link between education and the quality …
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
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 this …
Revisitando El Debate Sobre Los Abogados Integrantes Y La Independencia Del Poder Judicial,
2013
Universidad del Desarrollo
Revisitando El Debate Sobre Los Abogados Integrantes Y La Independencia Del Poder Judicial, Sergio Verdugo Sverdugor@Udd.Cl, Carla Ottone
Sergio Verdugo R.
Se revisa el debate sobre la conveniencia del sistema de reemplazo judicial basado en los abogados integrantes y se analiza especialmente la crítica que sostiene que ellos no son independientes de los intereses del Poder Ejecutivo. Para ello, se examina el comportamiento de votación de los abogados integrantes de la tercera sala de la Corte Suprema en causas de indemnización de perjuicios donde el Fisco es parte, y se compara con la manera en que votan los ministros titulares. Se concluye que casi todos los jueces de esta sala votan de una manera generalmente favorable al interés fiscal, aunque esta …
The Enemy Within: Sexual Assault And Rape In The Us Armed Forces,
2013
University of Kentucky
The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge
Lewis Honors College Capstone Collection
This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.
Equality Arguments For Abortion Rights,
2013
Duke Law School
Equality Arguments For Abortion Rights, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, the Court and individual Justices have begun to employ equality arguments in analyzing the constitutionality of abortion restrictions. These arguments first appear inside of substantive due process case law, and then as claims …
Federalism, Liberty, And Equality In United States V. Windsor,
2013
Duke Law School
Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel
Faculty Scholarship
This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.
The Lawyer's Toolbox: Teaching Students About Risk Allocation,
2013
Saint Louis University School of Law
The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues
All Faculty Scholarship
This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …
Gender And Global Lawyering: Where Are The Women?,
2012
University of Massachusetts - Amherst
Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver
Carole Silver
The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …
‘For The Times They Are A Changin’: Explaining U.S. Supreme Court Justices’ Voting Through Identification Of Micro-Publics,
2012
University of Georgia
‘For The Times They Are A Changin’: Explaining U.S. Supreme Court Justices’ Voting Through Identification Of Micro-Publics, Brian P. Levey, Jeffrey L. Yates, Justin Moeller
Brian P Levey
In assessing how social forces may shape U.S. Supreme Court justices’ decision making it has been presumed that there is one, singular public opinion and that it affects the individual justices in largely the same fashion. We suggest that it is more likely the case that justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which these individuals structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street,
2012
University of Central Florida
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …
Voices In The Beyond: Judicial Psychology And Citizens United,
2012
University of Massachusetts - Amherst
Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell
kirby farrell
Abstract: A psychological analysis of the Supreme Court’s controversial Citizens United decision finds the concept of agency or personhood conflicted in its use by the majority. Some conservative justices in this and some other decisions, including Voting Rights enforcement (2006) and death penalty jurisprudence, have positioned authority and the voices of affected “persons” in the beyond: that is, in an abstract or metaphysical zone wherein reasoning cannot follow or be held responsible.
