Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (2131)
- Social and Behavioral Sciences (262)
- Law and Society (181)
- Business (153)
- Medicine and Health Sciences (141)
-
- Education (134)
- Criminal Procedure (119)
- Criminal Law (113)
- Arts and Humanities (111)
- Constitutional Law (101)
- Legal Education (98)
- Courts (93)
- Engineering (88)
- Legal Profession (86)
- Family Law (81)
- Law and Race (81)
- Physical Sciences and Mathematics (78)
- Jurisprudence (75)
- Civil Rights and Discrimination (72)
- Law and Gender (72)
- Law and Psychology (72)
- Evidence (69)
- Sociology (68)
- Labor and Employment Law (59)
- Comparative and Foreign Law (55)
- Juvenile Law (55)
- Supreme Court of the United States (55)
- Legal History (53)
- Psychology (53)
- Legal Ethics and Professional Responsibility (52)
- Institution
-
- Technological University Dublin (693)
- University of Chicago Law School (647)
- University of Michigan Law School (432)
- University of Miami Law School (323)
- University of Minnesota Law School (244)
-
- Yeshiva University, Cardozo School of Law (220)
- University of Alabama School of Law (185)
- University of Washington School of Law (170)
- Rochester Institute of Technology (147)
- UIdaho Law (51)
- Southern Illinois University Carbondale (40)
- Mercer University School of Law (37)
- University of Baltimore Law (12)
- Munster Technological University (7)
- Rhode Island School of Design (7)
- Corewell Health (6)
- National Law School of India University (6)
- UAlaska System (5)
- World Maritime University (5)
- North Carolina Agricultural and Technical State University (4)
- CentraCare Health (3)
- Utah State University (3)
- Chicago-Kent College of Law (2)
- Liberty University (1)
- WellBeing International (1)
- Keyword
-
- Children (62)
- Ireland (57)
- United States Supreme Court (48)
- Lawyers (42)
- Ethics (33)
-
- Law reform (33)
- Empirical studies (29)
- Technology (29)
- Juries (26)
- Language (26)
- Law professors (26)
- History (25)
- Law schools (25)
- Behavior (24)
- Child welfare (24)
- Discrimination (24)
- Law students (24)
- Parents (23)
- Education (22)
- Testimony (22)
- Capital punishment (21)
- Punishment (21)
- Mental health (19)
- Trials (19)
- University of Michigan Law School (19)
- Religion (18)
- Witnesses (18)
- Admissibility (17)
- Evidence (17)
- Jurisprudence (17)
- Publication Year
- File Type
Articles 2071 - 2100 of 3251
Full-Text Articles in Entire DC Network
Attachment Theory And Wellbeing For The Young Person In Residential Care: The Provision Of A Second Chance Secure Base For The Child In Crisis, Gay Graham
Articles
Aristotle argued that happiness for humans is not possible in the absence of reciprocal, affective relationships or friendships (Sherman 1991). Such relationships for children are only possible in the context of satisfactory attachments which provide for them a secure base from which to explore their environment (Bowlby 1988). Young people placed in the child welfare system, particularly those in residential care, often experience a system that is problem focused, intent on physical protection and control, where warm reciprocal relationships are not prioritised. This paper states that young people in residential care, whose primary attachments, whatever their quality, have been disrupted; …
Effects Of Retinal Image Degradation On Pre-Attentive Visual Search (Pavs) Efficiency For Flicker, Movement And Orientation Stimuli, Peter Davison, James Loughman
Effects Of Retinal Image Degradation On Pre-Attentive Visual Search (Pavs) Efficiency For Flicker, Movement And Orientation Stimuli, Peter Davison, James Loughman
Articles
Background: Previous research has shown that several clinical conditions cause increased preattentive visual search (PAVS) times, implying reduced parallel search capabilities in glaucoma and DLB dementia. The purpose of the research reported here was to examine for the first time the resistance of PAVS to dioptric blur using targets differing from the background in terms of flicker, vertical displacement, and orientation. Resistance would enhance the applicability of PAVS as a screening method for glaucoma and other clinical conditions affecting performance of a substantial area of the retina. Method: Computer generated flicker, orientation and vertical displacement targets were used to assess …
Ockham's Razor In American Law, Richard H. Helmholz
Irreversible And Catastrophic, Cass R. Sunstein
Irreversible And Catastrophic, Cass R. Sunstein
Articles
As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, and when regulators lack information about its magnitude and likelihood, they should purchase an "option" to prevent the harm at a later date-the Irreversible Harm Precautionary Principle. This principle brings standard option theory to bear on environmental law and risk regulation. And when catastrophic outcomes are possible, it makes sense to take special precautions against the worst-case scenarios-the Catastrophic Harm Precautionary Principle. This principle is …
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow
On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow
Articles
No abstract provided.
Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein
Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein
Articles
No abstract provided.
Our Ignorance About Intelligence, Richard A. Epstein
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Articles
No abstract provided.
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
Articles
No abstract provided.
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.
Law Reviews, Richard A. Posner
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
Articles
This Article considers the arguments regarding the choice between an ideal income tax and an ideal consumption tax, focusing on an argument first made by Atkinson and Stiglitz regarding neutral taxation of commodities. This argument shows that, under its assumptions, a properly designed consumption tax is Pareto superior to an income tax: it is either more efficient, more redistributive, or both. The Article illustrates the Atkinson-Stiglitz argument using the simple case in which investments produce risk-free returns, and individuals vary by their ability. It then considers more complex cases, such as risky returns, inherited wealth, heterogeneous savings rates, and the …
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Articles
No abstract provided.
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
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 …
U.S. Torture As Tort, Richard Henry Seamon
U.S. Torture As Tort, Richard Henry Seamon
Articles
Now that the United States has used torture in the war on terrorism and the victims of this torture have begun to sue, it is useful to analyze the potential liability of the United States and its officials for torture under current domestic law. This Article conducts that analysis, and, based on it, assesses the adequacy of current law. The Article concludes that the United States and its officials have no more than minimal liability for torture under current law. The Article also concludes that current law is inadequate. It is inadequate because it is based on considerations of when …
Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls
Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls
Articles
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …
A New Progressivism, Cass R. Sunstein
A New Progressivism, Cass R. Sunstein
Articles
There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in welfare-promoting directions. …
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
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 …
Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld
Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld
Articles
The Supreme Court does not require any special procedural safeguards when police interrogate youths and use the adult standard--“knowing, intelligent, and voluntary under the totality of the circumstances”--to gauge the validity of juveniles' waivers of Miranda rights. Developmental psychologists have studied adolescents' capacity to exercise Miranda rights, questioned whether juveniles possess the cognitive ability and adjudicative competence necessary to exercise legal rights, and contended that immaturity and vulnerability make juveniles uniquely susceptible to police interrogation tactics. In the four decades since the Court decided Miranda, we have almost no empirical research about what actually occurs when police interview criminal suspects, …
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 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, …
Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld
Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld
Articles
The United States Supreme Court has decided more cases involving the interrogation of juveniles than any other aspect of juvenile justice administration. 1 Although it has cautioned trial judges to be especially sensitive to the effects of youthfulness and immaturity on a defendant's ability to waive or to invoke her Miranda rights and to make voluntary statements, the Court has not mandated any special procedural protections for immature suspects. Instead, it endorsed the adult waiver standard - "knowing, intelligent, and voluntary" under the "totality of the circumstances" - to gauge the validity of a juvenile's waiver of Miranda rights. 2