Digital Commons Network^™

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …

Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger

Alexander Hayes Mr.

What is the technological trajectory of people wearing sensors? What are the benefits, risks and costs? What is the vibe going to be like at ISTAS13 with people like Marvin Minsky and Ray Kurzweil attending? What do you hope to gain from the meeting? Can we foresee a time that all glasses will be embedded with sensors? What are the implications? E.g. in the higher education sector? What about the gathering of evidence by law enforcement? What is point of eye?

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman

Peter Siegelman

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.

Los Consumidores Ante Las Comisiones Bancarias Abusivas, Gabriel Martinez Medrano

Gabriel Martinez Medrano

Analisis de la Regulacion del Banco Central de Argentina sobre comisiones bancarias.

Judicial Activism: An (Un)Expected Result Of Legal Interpretation In Complex Societies?, Fabio P L Almeida Mr, Alexandre A. Costa Dr

Fabio P L Almeida

Judicial activism has been accused of being an undue activity of judges, who should restrict themselves to the interpretation of the law. In this article, we argue that this conception is wrong: judicial activism does not imply a distortion in political and judicial structures, but it should be understood as an expected feature of legal interpretation in complex political systems. In contemporary liberal democracies, legislation cannot regulate all situations, and thus the only way to affirm its universality is through flexible interpretation, which grants to society the ability to adapt its legal system to new circumstances without the need to …

Propiedad Y Organización Comunal En Las Comunidades Campesinas Del Perú. Un Análisis Crítico, Daniel Quiñonez

Daniel Quiñonez Oré

El presente artículo analiza de manera crítica la regulación impuesta por el Estado Peruano con relación a la organización y propiedad comunal de las comunidades campesinas. Asimismo, se analiza el tratamiento que la antropología peruana le ha brindado a los derechos de propiedad y organización comunal de las comunidades campesinas en el Perú

Marihuana: Legalización Uruguaya, Fernando Carrión Mena Arq.

Fernando Carrión Mena

Uruguay es un país pequeño con 3.3 millones habitantes distribuidos a lo largo de 176 mil kilómetros cuadrados, lo cual le convierte en el segundo país más diminuto de Sur América, después de Surinam. Es un país que está haciendo bien las cosas en su interior, tanto que se ha convertido en un referente mundial, por ejemplo, en el reconocimiento a los derechos civiles (matrimonio igualitario, derechos de género), en la calidad del Fútbol que tiene, en el respeto a la democracia, en la imagen austera que transmite su presidente y, ahora, en la regulación legal del canabis. Todo ello …

The Dividends Of Good Governance, Riccardo Pelizzo, Rick Stapenhurst

riccardo pelizzo

this analysis reveals that corruption is a luxury that developing countries cannot afford. countries with lower levels of corruption are all more developed, regardless of how development is measured

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski

Michael J. Malinowski

No abstract provided.

Randomization In Criminal Justice: A Criminal Law Conversation, Michael O'Hear, Bernard E. Harcourt, A. Harel, Ken Levy, Alice Ristroph

Ken Levy

No abstract provided.

Prayas: Social Work In Criminal Justice Prayas_1990@Rediffmail.Com, Prayas.Rnd@Gmail.Com, Professor Vibhuti Patel

Professor Vibhuti Patel

Prayas: Social Work in Criminal Justice prayas_1990@rediffmail.com, prayas.rnd@gmail.com About Prayas Prayas is a Field Action Project of the Centre for Criminology and Justice, School of Social Work at the Tata Institute of Social Sciences, initiated in 1990. It is a response to the needs of disadvantaged groups being processed by the Criminal Justice System (CJS). It aims at socio legal and economic rehabilitation of persons who are at a greater risk of being criminalised, vulnerable to being trafficked (for the purpose of commercial sexual exploitation), or destitution. Mission To contribute knowledge and insight to the current understanding of aspects of …

Privacy Inalienability And The Regulation Of Spyware, Paul M. Schwartz

Paul M. Schwartz

No abstract provided.

The New Privacy, Paul M. Schwartz, William Michael Treanor

Paul M. Schwartz

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001). In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In …

Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley

Winston E. Langley

Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.

The United Nations And The Magna Carta For Children, Winston E. Langley

Winston E. Langley

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …

The Empire Of Cancer: Gene Patents And Cancer Voices, Matthew Rimmer

Matthew Rimmer

In his book, The Emperor of All Maladies, Siddhartha Mukherjee writes a history of cancer — ‘It is a chronicle of an ancient disease — once a clandestine, “whispered-about” illness — that has metamorphosed into a lethal shape-shifting entity imbued with such penetrating metaphorical, medical, scientific, and political potency that cancer is often described as the defining plague of our generation’.Increasingly, an important theme in the history of cancer is the role of law, particularly in the field of intellectual property law. It is striking that a number of contemporary policy debates over intellectual property and public health have concerned …

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Extract From John D. Feerick, The Twenty-Fifth Amendment: Its Complete History And Applications (3d Ed. 2013), Citing Tillman's The Annals Of Congress, The Original Public Meaning Of The Succession Clause, And The Problem Of Constitutional Memory, Seth Barrett Tillman

Seth Barrett Tillman

This will be an extract from John D. Feerick's The Twenty-Fifth Amendment: Its Complete History and Applications 411 (3d ed. 2013), citing Tillman's The Annals of Congress, the Original Public Meaning of the Succession Clause, and the Problem of Constitutional Memory.

[December 3, 2013]

Tasnubha Rahaman, An Assignment On "Separation Of Powers" (Atish Dipankar University Of Science & Technology, Dep’T Of Law, Llm Submission, Circa 2013), Citing Calabresi-Tillman Exchange, Seth Barrett Tillman

Seth Barrett Tillman

Tasnubha Rahaman, An Assignment on "Separation of Powers" (Atish Dipankar University of Science & Technology, Dep’t of Law, LLM Submission, circa 2013), citing Calabresi-Tillman Exchange.

[December 15, 2013]

Implementation Of Patients’ Rights Legislation In The Republic Of Macedonia: Gaps And Disparities, Gabriela Alcheva, Filip Gerovski, Leo Beletsky

Leo Beletsky

Background: Since its formation after the breakup of Yugoslavia, Macedonia has made major strides in formulating a framework for protecting patient rights through extensive legal reform. The impact of this reform had not been assessed before the work of this project. Methods/Objectives: Within the context of a larger project on improving human rights in patient care, this paper provides an overview of patients’ rights legislation in Macedonia and uses research, case reports, and other empirical information to highlight the gaps in the implementation of patient rights’ legislation on the ground. Results: The Law on the Protection of Patients’ Rights (2008) …

Overview Of The Gaps In The Health Care Legislation In Georgia: Short-, Medium-, And Long-Term Priorities, Nino Kiknadze, Leo Beletsky

Leo Beletsky

Background: After gaining independence following the dissolution of the Soviet Union, Georgia has aspired to become the region’s leader in progressive legal reform. Particularly in the realm of health care regulation, Georgia has proceeded with extensive legislative reforms intended to modernize its health care system, and bring it in line with international standards. Objectives/Methods: As part of a larger project to improve human rights in patient care, we conducted a study designed to identify gaps in the current Georgian health care legislation. Using a cross-site research framework based on the European Charter of Patients’ Rights, an interdisciplinary working group oversaw …

Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival

Robert Percival

Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the …

Shelby County V. Holder Impacting Voting Rights In Arizona, Tracy Sanders

Tracy Sanders

No abstract provided.

Better Good Than Lucky: Defending The Legality Of "One-Week" Fantasy Football Leagues, Conner A. England

Conner A England

No abstract provided.

Loving: Who Can The Irs Regulate?, Robert D. Probasco

Robert Probasco

The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth

David A. Wirth

“Precaution” is increasingly accepted as a basis for governmental policy in the areas of public health and environment on both the domestic and international levels. A precautionary perspective counsels action to avert danger or threats in situations of scientific uncertainty or incomplete information. Precautionary approaches find expression in internationally harmonized formulations as non-binding exhortations, binding treaties, and meta-level principles. Precaution is a particular challenge to free trade agreements, whose purpose is to eliminate unjustified barriers to trade. In that context, precaution as a justification for a challenged governmental measure may appear to be nothing more than a pretext for protectionism. …

Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth

David A. Wirth

The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) carbon capture and storage; and (2) solar radiation management. Specific and often controversial proposals include the aerial dispersion of aerosols, launching reflective gratings into orbit around the Earth, and seeding the oceans with iron filings. These proposals share a number of characteristics, including the following: (1) they can often be undertaken within the territorial jurisdiction of a single state or in areas beyond national jurisdiction; (2) they …

A Reply To Jamal Greene, Katharine G. Young

Katharine G. Young

No abstract provided.