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Articles 5671 - 5700 of 7470
Full-Text Articles in Entire DC Network
"True Threats" And The Issue Of Intent, Paul Crane
International Law: A Welfarist Approach, Eric A. Posner
International Law: A Welfarist Approach, Eric A. Posner
Articles
This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints; including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain …
Efficient Responses To Catastrophic Risk, Richard A. Posner
Efficient Responses To Catastrophic Risk, Richard A. Posner
Articles
No abstract provided.
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
Articles
In my youthful, scornful way, I recognized four kinds of judgments; first the cogitative, of and by reflection and logomancy; second, aleatory, of and by the dice; third, intuitive, of and by feeling or "hunching;" and fourth, asinine, of and by an ass; and in that same youthful, scornful way I regarded the last three as only variants of each other, the results of processes all alien to good judges.
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Articles
No abstract provided.
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Articles
No abstract provided.
Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach
Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach
Articles
This Article considers tax expenditures from two related perspectives. First, it analyzes how the incentives on Congress to use a tax expenditure change when principal-agent problems are considered. For example, it considers whether tax expenditures can reduce moral hazard or adverse selection problems created by delegations to expert agencies. Second, it considers the condition under which tax expenditures should be expected to be redundant with direct expenditures, as many are. The two perspectives-principal-agent problems and redundancy-are related because redundancy is often seen as a solution to the principal-agent problem. The Article concludes that both principal-agent concerns and redundancy might lead …
Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler
Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler
Articles
No abstract provided.
The Federalism Decisions Of Justices Rehnquist And O'Connor: Is Half A Loaf Enough?, Richard A. Epstein
The Federalism Decisions Of Justices Rehnquist And O'Connor: Is Half A Loaf Enough?, Richard A. Epstein
Articles
No abstract provided.
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Articles
In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Articles
No abstract provided.
Review Of A Community-Based Youth Counselling Service, Kevin Lalor, Sinead O'Dwyer, Denis Mccrann
Review Of A Community-Based Youth Counselling Service, Kevin Lalor, Sinead O'Dwyer, Denis Mccrann
Articles
The structure and operation of a community-based youth counselling service operated by the Kildare Youth Services (KYS) is examined with a view to highlighting its preventative nature. Presenting problems are explored, in the context of the wider social milieu. Particularly, recent trends in sexual behaviour, substance abuse and child sexual abuse are examined. Interviews were conducted with a sample of professionals who referred clients, patients and students to the KYS Youth Counselling Service. Interviews were also conducted with a small sample of clients of the service and with the counsellor-coordinator of the Youth Counselling Service. The service was viewed positively …
Childhood Sexual Abuse Among University Students In Tanzania, Denis Mccrann, Kevin Lalor, Joviter K. Katabaro
Childhood Sexual Abuse Among University Students In Tanzania, Denis Mccrann, Kevin Lalor, Joviter K. Katabaro
Articles
Objectives: There are no prevalence data for childhood sexual abuse among Tanzanian university students. This investigation addressed this paucity. The nature of sexual abuse was also investigated. Method: Participants (N= 487) from a university in Tanzania completed a questionnaire which assessed abusive childhood sexual experiences, gathering information about age of victim, duration of abuse, perpetrators, amount of force or persuasion involved, and potential causes of child sexual abuse. A number of individuals were also interviewed about their experiences. Results: The overall prevalence rate for child sexual abuse was 27.7%, with rates being higher for females than for males. The average …
Global Macroeconomic Trends, Thomas Power
Global Macroeconomic Trends, Thomas Power
Articles
The business of real estate is but a subset of the wider investment markets and macroeconomic trends will significantly shape the way real estate investment decisions are made. The McKinsey Institute is a global economic consultancy firm providing cutting-edge research on a wide range of macroeconomic and business trends. This article reviews macroeconomic trends that they believe will transform the global economy. McKinsey research show that “over two-thirds of organic growth of western companies can be attributed to being in the right markets and geographies” and “companies that ride the tide succeed and those that swim against it usually struggle” …
Xbrl Cost-Benefit Analysis: In Theory And Application, Phillip Kloeden
Xbrl Cost-Benefit Analysis: In Theory And Application, Phillip Kloeden
Articles
A definition of XBRL will be given, followed by a brief overview of the XBRL system. A timeline of events in the brief history of XBRL will be rendered and discussed. Based on the global perspective of the XBRL movement and the establishment of an international consortium, XBRL International, international and domestic analysis will be addressed. Standardization of coding for financial reporting information is the goal of the consortium and the required coding structure will transcend national borders in order to accomplish this goal. A prototype language, created by the early users of eXtensible Markup Language (XML), in the accounting …
An Erie Obstacle To State Tort Reform, Richard Henry Seamon
An Erie Obstacle To State Tort Reform, Richard Henry Seamon
Articles
No abstract provided.
Chenery Ii And The Development Of Federal Administrative Law, Linda Jellum
Chenery Ii And The Development Of Federal Administrative Law, Linda Jellum
Articles
No abstract provided.
Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton
Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton
Articles
No abstract provided.
Boundedly Rational Borrowing, Cass R. Sunstein
Boundedly Rational Borrowing, Cass R. Sunstein
Articles
Excessive borrowing, no less than insufficient savings, might be a product of bounded rationality. Identifiable psychological mechanisms are likely to contribute to excessive borrowing; these include myopia, procrastination, optimism bias, "miswanting," and what might be called cumulative cost neglect. Suppose that excessive borrowing is a significant problem for some or many; if so, how might the law respond? The first option involves weak paternalism , through debiasing and other strategies that leave people free to choose as they wish. Another option is strong paternalism, which forecloses choice. Because of private heterogeneity and the risk of government error, regulators should have …
Chevron Step Zero, Cass R. Sunstein
Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung
Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung
Articles
Climate change is already having adverse eeds on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, consideration of animal welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear: …
Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha
Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha
Articles
American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these …
Undue Process, Adam M. Samaha
Undue Process, Adam M. Samaha
Articles
This Article explores the relationship of the US. Constitution to the costs of government decision making. Constitutional law clearly can escalate these costs, as when the Due Process Clauses are read to mandate additional procedure not otherwise favored by decisionmakers. This much is understood But the Constitution and its doctrine sometimes put downward pressure on decision costs. We lack a systematic investigation of when this is, and should be, true. The Article makes three general claims: (1) The entire Constitution tends to reduce decision costs insofar as it is a focal point for confining disputes, and empirical work suggests that …
Trade And Tensions, Daniel J. Gifford
Trade And Tensions, Daniel J. Gifford
Articles
International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …
Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson
Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson
Articles
Physician-patient confidentiality is a notion deeply rooted in most medical traditions throughout the world. 2 Many nations have codified patient protections and rights with statutes that emphasize the inviolability of this confidence. 3 Physicians are prohibited, except in limited circumstances, to reveal any confi-dential information or communication. 4 Violating confiden-tiality often exposes the physician to professional, civil, and sometimes criminal sanctions. 5 Confidentiality is designed to protect the patient's most intimate information as well as foster a candid relationship between physician and patient to facilitate successful diagnosis and treatment. 6 And yet despite the raison d'etre of confidentiality laws and …
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
Articles
By exploring statelessness through legal, theoretical, and practical lenses, this article presents a broad examination of the human rights of stateless persons. The article delineates the rights of stateless persons as enunciated in various human rights instruments; presents the mechanisms of, and paths to, statelessness; illustrates the practical struggles of stateless persons by highlighting the plights of various stateless populations; examines how the problem of statelessness is being addressed; and considers the complex political and regional forces affecting policies towards stateless persons. The article concludes with recommendations regarding remedies and solutions for statelessness.
Purposes And Functions Of Sentencing, Michael Tonry
Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt
Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt
Articles
Since early in the development of international human rights law, the particular need to care for children has been acknowledged. Beginning with the Geneva Declaration on the Rights of the Child in 1924 1 and the Declaration of the Rights of the Child, adopted by the U.N. General Assembly in 1959, 2 children's rights have been recognized by human rights organizations and instruments alike. Rights of the child were included in the Universal Declaration of Human Rights; 3 the Geneva Convention for the Protection of Civilian Persons in Time of War; 4 the International Covenant on Economic, Social and Cultural …
The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt
The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt
Articles
The President, the Secretary of State, and other U.S. government officials have repeatedly assured the world that the United States does not engage in "torture." Whenever they try to issue such statements, the critical listener must ask such questions as "What do they mean by torture?" Have they so narrowly defined "torture" as to ask the listener to overlook the mounting evidence of extremely brutal treatment which U.S. personnel have perpetrated against detainees in Afghanistan, Guantanamo, Iraq, and other secret detention facilities? Many detainees held by the U.S. have been subjected to illtreatment that would, under international definitions and jurisprudence, …
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Articles
No abstract provided.