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On Logic In The Law: Something, But Not All, Susan Haack Mar 2007

On Logic In The Law: Something, But Not All, Susan Haack

Articles

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.


Fund Allocation Formula Analysis: Determining Elements For Best Practices In Libraries, Kitti Canepi Jan 2007

Fund Allocation Formula Analysis: Determining Elements For Best Practices In Libraries, Kitti Canepi

Articles

The purpose of this study was to determine whether common elements in fund allocation formulas could be used to articulate "best practices" for fund allocations in academic libraries. Methodology involved a meta-analysis of published articles and Internet sites in which 75 fund allocation formulas were presented. Of the 75 formulas, 28 usable examples were analyzed to determine if there were any statistically significant elements within these formulas that could be identified, as well as to determine the degree of correlation for each component identified in the usable set. Findings are presented in this article, as well as implications for further …


Worse Than Death, Matthew Campbell, Sandra Saari Jan 2007

Worse Than Death, Matthew Campbell, Sandra Saari

Articles

No abstract provided.


Waging A Private War: Us Security Contractors In Iraq, Tom Clonan Jan 2007

Waging A Private War: Us Security Contractors In Iraq, Tom Clonan

Articles

Iraq’s Prime Minister, Nouri al-Maliki has repeatedly expressed grave misgivings about the activities of US ‘Private Military Company’ (PCM) Blackwater Security and has cited at least seven shooting incidents involving the company’s security contractors which have led to the deaths of dozens of Iraqi citizens. Headquartered in Moyock, North Carolina, Blackwater – which is under contract to the US State Department - is currently operating in Iraq without an Iraq Interior Ministry licence. This absence of Iraqi oversight is compounded by a 2004 Coalition Provisional Authority law signed by Paul Bremer which grants Blackwater immunity from prosecution under Iraqi law. …


The Need For A Speech Corpus, Dermot Campbell, Ciaran Mcdonnell, Marty Meinardi, Bunny Richardson Jan 2007

The Need For A Speech Corpus, Dermot Campbell, Ciaran Mcdonnell, Marty Meinardi, Bunny Richardson

Articles

This paper outlines the ongoing construction of a speech corpus for use by applied linguists and advanced EFL/ESL students. The first section establishes the need for improvements in the teaching of listening skills and pronunciation practice for EFL/ESL students. It argues for the need to use authentic native-to-native speech in the teaching/learning process so as to promote social inclusion and contextualises this within the literature, based mainly on the work of Swan, Brown and McCarthy. The second part addresses features of native speech flow which cause difficulties for EFL/ESL students (Brown, Cauldwell) and establishes the need for improvements in the …


Webs Of Power: Multiple Ownership In Tourism Destinations, Ziene Mottiar, Hazel Tucker Jan 2007

Webs Of Power: Multiple Ownership In Tourism Destinations, Ziene Mottiar, Hazel Tucker

Articles

It has been widely noted in the tourism small business literature that collaboration between groups of businesses operating within clusters contributes both to business development and the success of destinations and regions. This paper aims to contribute to the research on tourism destination networks by focusing on multiple ownership, or portfolio entrepreneurship, when more than one small or micro business within a specific destination are owned by the same entrepreneur. Courtown, in Ireland and Göreme in Turkey are presented as two case studies in which the existence of multiple owners was identified. The implications of multiple ownership on tourism operation …


Need For Social Policy To Recognise That People Are Excluded When They Cannot Afford To Give Their Children A Holiday, Bernadette Quinn Jan 2007

Need For Social Policy To Recognise That People Are Excluded When They Cannot Afford To Give Their Children A Holiday, Bernadette Quinn

Articles

This research investigated how access to an annual holiday can benefit children living in poverty and their families. It studied children who had the opportunity to avail of a child-centred, structured group holiday provided by three NGOs. Study participants were drawn from a cross-section of disadvantaged areas in Dublin, comprising two inner-city and four suburban areas. Data collection involved 75 children and 35 guardians in the first stage, and 27 children and 16 guardians in subsequent stages. In total, 16 families participated in all stages of the research process, which used qualitative methods, including focus groups, in-depth interviews and observation. …


Exciting Initiatives In Environment And Natural Resources Law At The University Of Idaho College Of Law, Donald L. Burnett Jr. Jan 2007

Exciting Initiatives In Environment And Natural Resources Law At The University Of Idaho College Of Law, Donald L. Burnett Jr.

Articles

No abstract provided.


Exciting Initiatives In Environment And Natural Resources Law At The University Of Idaho College Of Law, Barbara Cosens Jan 2007

Exciting Initiatives In Environment And Natural Resources Law At The University Of Idaho College Of Law, Barbara Cosens

Articles

No abstract provided.


Storytelling And Leadership In The Deaf Community, Luane Davis Haggerty Jan 2007

Storytelling And Leadership In The Deaf Community, Luane Davis Haggerty

Articles

JADARA, the official publication of ADARA. An organization for professionals networking for excellence in service delivery with individuals who are deaf or hard of hearing. This article addresses a gap in scholarship on leadership styles in the Deaf community. There is an invisible style of leadership differing from the mainstream culture that has not been previously addressed in the literature at any depth. This article was intended to begin a discussion addressing this gap. My analysis of literature in the leadership fields, Deaf Studies and Performance Studies indicates a unique style of leadership by Deaf people within a Deaf community …


An Investigation Into Outsourcing Practice In Ireland: A New Direction In Logistics And Supply Chain Management, Aoife O'Riordan, Edward Sweeney Jan 2007

An Investigation Into Outsourcing Practice In Ireland: A New Direction In Logistics And Supply Chain Management, Aoife O'Riordan, Edward Sweeney

Articles

Companies are increasingly focusing on the development of core competencies as an integral part of their overall strategy development and implementation. The corollary of this is that functions regarded as being non-core are being outsourced. This paper investigates the case for and against outsourcing and in addition what is happening in Ireland regards outsourcing. Furthermore to analysis of current literature in
the field, an Irish-wide postal and e-mail survey, as well as three case studies revealed many interesting facts. The key findings of the work are manufacturing outsourcing is now the most popular function to be outsourced for both small …


Restoring The Right Constitution? (Reviewing Randy Barnett, Restoring The Lost Constitution: The Presumption Of Liberty (2004)), Eduardo Peñalver Jan 2007

Restoring The Right Constitution? (Reviewing Randy Barnett, Restoring The Lost Constitution: The Presumption Of Liberty (2004)), Eduardo Peñalver

Articles

No abstract provided.


All The World's The Men's Room, Mary Anne Case Jan 2007

All The World's The Men's Room, Mary Anne Case

Articles

No abstract provided.


How To Create - Or Destroy - Wealth In Real Property, Richard A. Epstein Jan 2007

How To Create - Or Destroy - Wealth In Real Property, Richard A. Epstein

Articles

No abstract provided.


Coniston Corp V. Village Of Hoffman Hills: How To Make Procedural Due Process Disappear, Richard A. Epstein Jan 2007

Coniston Corp V. Village Of Hoffman Hills: How To Make Procedural Due Process Disappear, Richard A. Epstein

Articles

No abstract provided.


Property Outlaws, Eduardo Peñalver, Sonia Katyal Jan 2007

Property Outlaws, Eduardo Peñalver, Sonia Katyal

Articles

Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …


The Law Of Nature And The Early History Of Unenumerated Rights In The United States, Richard H. Helmholz Jan 2007

The Law Of Nature And The Early History Of Unenumerated Rights In The United States, Richard H. Helmholz

Articles

This Paper seeks to make a modest contribution to the topic of unenumerated rights in American constitutional law by examining the role that natural law played in our legal system at the time of the founding of the Republic-a period here taken, largely for the sake of convenience, to run from the 1 7 90s through the 1820s. The Paper's focus is on case law, rather than legal theory or constitutional doctrine, although I have tried to say enough about the law of nature as it was understood at the time to put the cases into their intellectual context. Whether …


The Second-Order Structure Of Immigration Law, Adam B. Cox, Eric A. Posner Jan 2007

The Second-Order Structure Of Immigration Law, Adam B. Cox, Eric A. Posner

Articles

Immigration law concerns both first-order issues about the number and types of immigrants who should be admitted into a country and second-order design issues concerning the legal rules and institutions that are used to implement those first-order policy goals. The literature has focused on the first set of issues and largely neglected the second. In fact, many current controversies concern the design issues. This Article addresses the second-order dimension and argues that a central design choice all states face is whether to evaluate potential immigrants on the basis of pre-entry characteristics (the ex ante approach) or post-entry conduct (the ex …


Introduction To The Italian Edition Of Overdose, Richard A. Epstein Jan 2007

Introduction To The Italian Edition Of Overdose, Richard A. Epstein

Articles

No abstract provided.


Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo Jan 2007

Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo

Articles

No abstract provided.


Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles Jan 2007

Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles

Articles

No abstract provided.


Fair Use V. Fair Access, Randal C. Picker Jan 2007

Fair Use V. Fair Access, Randal C. Picker

Articles

No abstract provided.


Tribute To Ronald Dworkin And A Note On Pragmatic Adjudication, Richard A. Posner Jan 2007

Tribute To Ronald Dworkin And A Note On Pragmatic Adjudication, Richard A. Posner

Articles

No abstract provided.


Sex, Violence, And The First Amendment, Geoffrey R. Stone Jan 2007

Sex, Violence, And The First Amendment, Geoffrey R. Stone

Articles

No abstract provided.


Origins Of Obscenity, Geoffrey R. Stone Jan 2007

Origins Of Obscenity, Geoffrey R. Stone

Articles

No abstract provided.


The Anti-Formalist, David A. Strauss Jan 2007

The Anti-Formalist, David A. Strauss

Articles

No abstract provided.


The Common Law Genius Of The Warren Court, David A. Strauss Jan 2007

The Common Law Genius Of The Warren Court, David A. Strauss

Articles

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedureare firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. But …


Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein Jan 2007

Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein

Articles

No abstract provided.


Gaps In International Legal Literature: Skeptical Reappraisal, Lyonette Louis-Jacques Jan 2007

Gaps In International Legal Literature: Skeptical Reappraisal, Lyonette Louis-Jacques

Articles

No abstract provided.


How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein Jan 2007

How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein

Articles

No abstract provided.