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2009 Full-Text Articles 1791 Authors 373910 Downloads 98 Institutions

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2009 full-text articles. Page 1 of 59.

Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst 2016 University of Georgia School of Law

Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst

Georgia Journal of International & Comparative Law

No abstract provided.


Assessing The Effectiveness Of Micro-Level Poverty Interventions In The Highlands Of Guatemala, Jacqueline A. Castro 2016 University of San Francisco

Assessing The Effectiveness Of Micro-Level Poverty Interventions In The Highlands Of Guatemala, Jacqueline A. Castro

Master's Theses

Despite immense efforts of poverty alleviation in the Western highlands of Guatemala, poverty is intense and widespread. Amidst an abundant array of poverty interventions, existing evidence on those interventions are not sufficient. Highlighting basic knowledge regarding impact evaluations, this paper aims to determine the most effective poverty intervention for the Western highland areas of Guatemala. Focusing on impact evaluations, this paper reviews 17 Latin American interventions, paying close attention to what may be applicable to this region. Using only the highest quality data from Latin America, it is clear that cash transfers and graduation programs are the most impactful interventions ...


The Northern Nigerian Countering Violent Extremism Project: A Measure Of Participation Vis-A-Vis Outcomes, Onomen E. Odafen 2016 SIT Graduate Institute

The Northern Nigerian Countering Violent Extremism Project: A Measure Of Participation Vis-A-Vis Outcomes, Onomen E. Odafen

Capstone Collection

This study evaluated the northern Nigerian Countering Violent Extremism project. Employing the theory of Participatory Learning and Action (PLA) as the overarching framework, it sought to inquire the extent of localism in the design of the project vis-à-vis project outcomes. The import of PLA theory stems from its emphasis on the use of bottom-up approach in project management, while de-emphasizing the top-down approach and hence its relevance in this study.

The frameworks of phenomenography and ethnomethodology were adopted to decide data collection methods and design of their contents. These methods included two in-depth interviews, two focus group discussions and observation ...


Integrating Evaluative Thinking Into Organisational Practice: A Case Study Of Lutino Adunu In Uganda, Shilla Adyero 2016 SIT Graduate Institute

Integrating Evaluative Thinking Into Organisational Practice: A Case Study Of Lutino Adunu In Uganda, Shilla Adyero

Capstone Collection

Northern Uganda is still recovering from over two decades of civil war between the Government of Uganda and the Lord Resistance Army (LRA). The conflict created over 1.8 million Internally Displaced Persons (IDPs) who sought refuge in camps for 23 years. Around 80% of the affected population are mainly women and children. The displacement in the region caused large-scale loss of social and economic infrastructure, together with the productive resources. This contributed to the erosion of the social and financial capital of the affected areas population, forcing the population to depend on non-sustainable aid and relief services provided by ...


Department Of Family Services: Adoption Program Evaluation, Bonnie Abramson, Kristy Amasaki, Michael N. Johnson, James Padgett 2016 University of Nevada, Las Vegas

Department Of Family Services: Adoption Program Evaluation, Bonnie Abramson, Kristy Amasaki, Michael N. Johnson, James Padgett

Michael Johnson

Persons contemplating adoption in Clark County face many legal boundaries and lengthy delays. Since adoption is a creature of Clark County, the answers usually can be found in state statutes, agency regulations, and court opinions. Federal statutory and constitutional laws also play a huge part in such areas as adoption subsidies, adoption of children with special needs, and training of all adoption workers. While the overall adoption program is similar in all states, the fine points frequently differ. This research outlines the legal foundation of adoption, describing the adoption legal process, and the workings of the Department of Family Services ...


Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr. 2016 University of Southern California Law

Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.

Faculty Scholarship

This paper articulates a framework both for assessing the various government bailouts that took place at the onset of Great Recession and for guiding future rescue efforts when they become necessary. The goals for those engineering a bailout should be to be as transparent as possible, to articulate clearly the reason for the intervention, to respect existing priorities among investors, to exercise control only at the top level where such efforts can be seen by the public, and to exit as soon as possible. By these metrics, some of the recent bailouts should be applauded, while others fell short. We ...


Solving Slums: Assessing Rehabilitation Policy In Mumbai, India, Carl Hooks 2016 Washington University in St. Louis

Solving Slums: Assessing Rehabilitation Policy In Mumbai, India, Carl Hooks

Carl Hooks

Research poster presented at the Global Poverty Conference: Strategies, Solutions, and Networks. Conference co-hosted by the International & Area Studies program, Brown School of Social Work, and WU Career Center on Nov. 10-11, 2016.


The Economics Of Adaptation To Climate Change In Coasts And Oceans: Literature Review, Policy Implications And Research Agenda, Charles S. Colgan 2016 Middlebury Institute of International Studies at Monterey

The Economics Of Adaptation To Climate Change In Coasts And Oceans: Literature Review, Policy Implications And Research Agenda, Charles S. Colgan

Journal of Ocean and Coastal Economics

Sea level rise and other effects of climate change on oceans and coasts around the world are major reasons to halt the emissions of greenhouse gases to the maximum extent. But historical emissions and sea level rise have already begun so steps to adapt to a world where shorelines, coastal populations, and economies could be dramatically altered are now essential. This presents significant economic challenges in four areas. (1) Large expenditures for adaptation steps may be required but the extent of sea level rise and thus the expenditures are unknowable at this point. Traditional methods for comparing benefits and costs ...


Technology Transfer: A View From The Trenches, Harvey Drucker 2016 University of New Hampshire

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.


Overview Of Federal Technology Transfer, Lawrence Rudolph 2016 University of New Hampshire

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.


Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo 2016 University of Pennsylvania Law School

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

Faculty Scholarship

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the ...


Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir 2016 University of Pennsylvania Law School

Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir

Faculty Scholarship

In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II ...


How Acoustics In California High Performance Schools Relate To Student Achievement, Devin K. Wong 2016 University of Nebraska-Lincoln

How Acoustics In California High Performance Schools Relate To Student Achievement, Devin K. Wong

Architectural Engineering -- Dissertations and Student Research

This research project seeks to determine if students attending K-12 schools meeting a minimum standard of high performance classroom conditions in the state of California do evidence higher scholastic achievement, based on publically available results on state-wide standardized tests. In three phases, a subset of 200+ schools applying for grants dedicated to building high performance schools over the past decade was correlated with an existing database of achievement scores for all public schools in California. The criteria utilized to specify high performance classrooms was provided by the California High Performance Initiative (HPI) Grant program. Academic achievement was evaluated on a ...


The Science Court: Reminiscence And Retrospective, Allan Mazur 2016 University of New Hampshire

The Science Court: Reminiscence And Retrospective, Allan Mazur

RISK: Health, Safety & Environment

A self-described "agnostic" on the merits of the Science Court proposal describes how he independently arrived at a similar notion and played a role in efforts to secure a major test of the proposal. Professor Mazur also analyzes university-based experiments structured around that model and concludes that the controversial "judges" are probably unnecessary to achieve his original objectives.


Procedural Choices In Regulatory Science, Sheila Jasanoff 2016 University of New Hampshire

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.


Democratizing Criminal Law: Feasibility, Utility, And The Challenge Of Social Change, Paul H. Robinson 2016 University of Pennsylvania Law School

Democratizing Criminal Law: Feasibility, Utility, And The Challenge Of Social Change, Paul H. Robinson

Faculty Scholarship

The notion of “democratizing criminal law” has an initial appeal because, after all, we believe in the importance of democracy and because criminal law is so important – it protects us from the most egregious wrongs and is the vehicle by which we allow the most serious governmental intrusions in the lives of individuals. Given criminal law’s special status, isn’t it appropriate that this most important and most intrusive governmental power be subject to the constraints of democratic determination?

But perhaps the initial appeal of this grand principle must give way to practical realities. As much as we are ...


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