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Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein

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Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …

Celebrating God, Constitutionally, Cass R. Sunstein

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No abstract provided.

Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha

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No abstract provided.

Contracting Around Finality: Transforming Price V. Neal From Dictate To Default, Christopher M. Grengs, Edward S. Adams

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Arguably the most important and problematic area within the entire field of negotiable instruments law is the law relating to forgery, especially the allocation of losses that result from forgery. Forgery is central to negotiable instrument law because a signature typically authenticates the orders and promises to pay on which the entire system is based. Unfortunately, forgery continues to cause substantial losses to American banks and the national economy. "Despite the significance of this problem, many of the legal doctrines governing forgery loss allocation remain quite problematic, even after nearly three centuries of development." To combat the problem of negotiable …

Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington

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No abstract provided.

Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness

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No abstract provided.

Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry

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No abstract provided.

Corporate Human Rights Responsibilities, David Weissbrodt

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This article begins with a discussion of why one should be concerned or at least interested in the human rights conduct of corporations. Hence, the first part of the article presents a couple of historical and current situations which require attention and standard-setting. The second part focuses on past efforts of international law and particularly international human rights law to deal with such non-state actors as corporations. The third part discusses five major attributes of the U.N. Human Rights Norms which built upon the previous efforts to deal with the human rights conduct of corporations. The fourth part traces the …

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

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No abstract provided.

Viewing September 11 Through The Lens Of History, Carol L. Chomsky

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No abstract provided.

Grappling With The Meaning Of 'Testimonial', Richard D. Friedman

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Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."

Si Se Puede, But Who Gets The Gravy Symposium: Going Back To Class - The Reemergence Of Class In Critical Race Theory, Richard Delgado

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No abstract provided.

By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

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Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …

Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini

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This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

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Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …

Memory And Pluralism On A Property Law Frontier, The Contested Landscape Of New Mexico's Costilla Valley, Gregory A. Hicks

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This article describes the decades-long dispute between Hispano settlers of the Costilla Valley in northern New Mexico's Sangre de Cristo Land Grant and the succession of entrepreneurial owners of the grant during the late nineteenth and early twentieth centuries. Through the U.S. Freehold Land and Emigration Company and its successors, the new Dutch and American owners sought to replace patterns of land and resource use developed during the Mexican period with patterns of use intended to support Anglo colonial settlement and intense development of the region's natural resources. The Dutch and American owners faced continuing resistance from the area's Hispano …

Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen

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This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.

Circles And Circularity In The Writings Of John Mcgahern, Eamon Maher

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Material reproduced by kind permission of Nordic Irish Studies

Identification And Recovery Of An Asymmetric Calix[4]Arene Tetranitrile Derivative Using Liquid Chromatography And Mass Spectrometry, Benjamin Schazmann, Dermot Diamond

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A simple analytical LC-MS (Liquid Chromatography Mass Spectrometry) method and associated instrumentation has been adapted for use by the organic chemist to yield mg quantities of target compound from a reaction mixture. Calix[4]arene 3 was identified as representing 51% of total peak area of a reaction mixture containing no less than 10 components, using LC-MS. This peak corresponded to a mass of 878.8, equivalent to a complex of 3 and an ammonium cation. Molecular models further rationalise this observation by showing that the asymmetric binding cavity of 3 is suitable for binding tetrahedral guests like the ammonium ion. By scaling …

Asymptotic Methods In The Spectral Analysis Of Sturm-Liouville Operators, Daphne Gilbert

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Gilbert, D.: Asymptotic Methods in the Spectral Analysis of Sturm-Lioville Operators.Sturm-Liouville theory : Past and Present, 2005, pp 121-136.

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

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Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

Tax Law Uncertainty And The Role Of Tax Insurance, Kyle D. Logue

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In the broadest sense, this is an article about legal or regulatory uncertainty and the role that private and public insurance can play in managing it. More narrowly, the article is about tax law enforcement and the familiar if ill-defined distinctions between tax evasion, tax avoidance, and abusive tax avoidance. Most specifically, the article is about a new type of tax risk insurance policy, sometimes called tax indemnity insurance or transactional tax risk insurance that provides coverage against the risk that the Internal Revenue Service (Service) will disallow a taxpayer-insured's tax treatment of a particular transaction. The question is whether …

A Study Examining The Effects Of Tissue Processing On Human Tissue Sections Using Vibrational Spectroscopy, Eoghan O'Faolain, Mary Hunter, Joe Byrne, Peter Kellehan, Mary Mcnamara, Hugh Byrne, Fiona Lyng

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The use of vibrational spectroscopy in the detection of cancer is a newly emerging diagnostic field, which has shown great potential to date. Many investigations have been carried out on frozen tissue samples, which by their very nature are hard to obtain. However, histology departments have archives of thousands of tissue samples, preserved and mounted in wax blocks. If this archival material can be shown to yield good Raman and IR spectra capable of differentiating between normal and cancerous tissue, it would improve the diagnostic capabilities of spectroscopy even further. Results from these formalin-fixed paraffin processed (FFPP) tissue sections, will …

Kaunda V. President Of The Republic Of South Africa. Case Cct 23/04. 2004 (10) Bclr 1009, Reprinted In 44 Ilm 173 (2005), At . Constitutional Court Of South Africa, August 4, 2004., Mary I. Coombs

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No abstract provided.

Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas C. Howson

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Mr. Chairman, colleagues, and friends: It is a great honor for me to be able to address this group of experts and legislators, and many colleagues and friends, on a topic I care deeply about-the regulation of so-called public companies, both outside of China and, since the early 1990s, inside of China. First, and with many of the others invited to participate in this conference today and tomorrow, I thank the Office of Legislative Affairs ("OLA") of the State Council of the People's Republic of China ("PRC") as well as the China Securities Regulatory Commission ("CSRC") for convening this very …

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

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The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …

The Cyclical Transformations Of The Corporate Form: A Historical Perspective On Corporate Social Responsibility, Reuven S. Avi-Yonah

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This article describes the transformations underwent by the corporate form from its Roman origins to the present. It shows that every time there was a shift in the role of the corporation, three theories of the corporation (the aggregate, artificial, and real entity theories) were brought forward in cyclical fashion. Every time, however, the real entity theory prevailed, and it was the dominant theory during periods ofstability in the relationship between the corporation, the shareholders, and the state. The article describes this evolution in detail, and then attempts to derive normative consequences for the legitimacy of corporate social responsibility (CSR). …

The Right Of States To Repatriate Former Refugees, James C. Hathaway

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Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …

How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar

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Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …

The Evolving Impact Of Institutional Repositories On Reference Librarians, Marianne Buehler, Adwoa Boateng

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Purpose – The paper's purpose is to share the insights that the staff of the Rochester Institute of Technology (RIT) Libraries (Wallace Library, RIT Archives, and the Cary Collection) gained into the role of reference librarians in establishing and operating an institutional repository (IR).

Design/methodology/approach – The paper conducts a literature review on a range of published (1999-2005) works to research the background of IRs and to incorporate it with the authors' own experiences.

Findings – The research findings, involving implementing IRs and specifically the effect on the role of the reference librarian in academic libraries, were found to be …