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An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.


Dignity And Desert In Punishment Theory, Kyron J. Huigens Oct 2003

Dignity And Desert In Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.


Children's Understanding Of Television Advertising Intent, Margaret-Anne Lawlor, Andrea Prothero Apr 2003

Children's Understanding Of Television Advertising Intent, Margaret-Anne Lawlor, Andrea Prothero

Articles

Over the last three decades, a substantial body of research has accumulated seeking to address how exactly advertising, and in particular, telelvision advertising, influences children. Yet, given the diversity of methodologies used and the findings presented, it has been suggested that a common consensus on how exactly advertising affects children has not been reached. This paper presents a brief overview of the literature addressing chidlren's understanding of advertising with a view to identifying the contributions to date in this area and the accompanying gaps, omissions and under-resesearched perspectives. Findings are then presented from an exploratory study of eight and nine …


Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg Apr 2003

Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg

Articles

No abstract provided.


Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson Apr 2003

Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.


A Fire Risk Assessment Technique For Educational Establishments, Victor Hrymak, Noel O'Reilly Mar 2003

A Fire Risk Assessment Technique For Educational Establishments, Victor Hrymak, Noel O'Reilly

Articles

It is now widely considered as good practice to include fire risk assessment techniques when developing a fire risk management system. However there is little guidance as to how to evaluate the influence of organisational culture and human behaviour on the resultant level of fire safety. Since most accidents are caused by the failure of management systems, quantified risk assessment must take into account local safety management practices, or else it will not provide reliable information”.

This study tries to address this issue by developing a new fire risk assessment technique for assessing the fire safety management system of …


Social Care Portfolio: An Aid To Integrated Learning And Reflection, Gay Graham, Bridgit Megarry Jan 2003

Social Care Portfolio: An Aid To Integrated Learning And Reflection, Gay Graham, Bridgit Megarry

Articles

The focus of the paper is on the use of a specifically designed portfolio in social care training as an aid to both integrated learning and reflection. Integrated learning is achieved through the use of discrete sections in the portfolio which require students to discuss their practice placement agencies from perspectives that demonstrate their understanding of subjects such as theories and practices of social care, psychology, social policy, legal studies. Reflection, which is considered a core element of social care training, is examined as a learning tool. A model for the promotion of reflection is presented which utilises peer learning, …


An Introduction To The Life And Works Of Jean Sulivan (1913-1980), Eamon Maher Jan 2003

An Introduction To The Life And Works Of Jean Sulivan (1913-1980), Eamon Maher

Articles

No abstract provided.


The Office Of The Oath, Patrick O. Gudridge Jan 2003

The Office Of The Oath, Patrick O. Gudridge

Articles

No abstract provided.


University Of Idaho College Of Law's Seventh Annual Northwest Institute For Dispute Resolution Scheduled For May 19-23, 2003, Maureen Laflin Jan 2003

University Of Idaho College Of Law's Seventh Annual Northwest Institute For Dispute Resolution Scheduled For May 19-23, 2003, Maureen Laflin

Articles

No abstract provided.


The Least Restrictive Means, Alan O. Sykes Jan 2003

The Least Restrictive Means, Alan O. Sykes

Articles

No abstract provided.


Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner Jan 2003

Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner

Articles

No abstract provided.


Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell Jan 2003

Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell

Articles

No abstract provided.


Common Law, Common Ground, And Jefferson's Principle, David A. Strauss Jan 2003

Common Law, Common Ground, And Jefferson's Principle, David A. Strauss

Articles

No abstract provided.


Shareholder Value And Auditor Independence, William Wilson Bratton Jan 2003

Shareholder Value And Auditor Independence, William Wilson Bratton

Articles

This Article questions the practice of framing problems concerning auditors' professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal's control and cannot act independently. For the same reason, auditors' duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells a …


Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer Jan 2003

Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer

Articles

No abstract provided.


Charismatic Code, Social Norms, And The Emergence Of Cooperation On The File-Sharing Networks, Lior Strahilevitz Jan 2003

Charismatic Code, Social Norms, And The Emergence Of Cooperation On The File-Sharing Networks, Lior Strahilevitz

Articles

No abstract provided.


The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler Jan 2003

The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler

Articles

No abstract provided.


Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler Jan 2003

Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler

Articles

No abstract provided.


The Missed Opportunity In Gault, Emily Buss Jan 2003

The Missed Opportunity In Gault, Emily Buss

Articles

No abstract provided.


Journals As A Feminist Playground, Mary Anne Case Jan 2003

Journals As A Feminist Playground, Mary Anne Case

Articles

No abstract provided.


Probability Errors: Some Positive And Normative Implications For Tort And Contract Law, Eric A. Posner Jan 2003

Probability Errors: Some Positive And Normative Implications For Tort And Contract Law, Eric A. Posner

Articles

This paper examines the effect of tort rules on behavior if people are optimistic or insensitive relative to true probabilities. The paper shows that under certain conditions both strict liability and negligence cause levels of care that are higher than, or equal to, what is efficient (rather than lower, which is the common assumption). The paper also shows that under certain conditions strict liability and negligence cause the same level of activity among optimists (more than is efficient). Other implications for tort law are discussed, as are the sensitivity of the results to the choice of how to model probability …


Death, Taxes, And Cognition, Lee Anne Fennell Jan 2003

Death, Taxes, And Cognition, Lee Anne Fennell

Articles

The psychology of the estate tax is extraordinarily interesting and surprisingly underexplored. In this Article, Professor Fennell considers the ways in which behavioral law and economics might augment and revise existing understandings of the tax and of redistributive policy generally. The Article is structured around two puzzles that have been frequently identified in the estate tax literature: first, why popular opposition to the tax is so great, even among those who have no reason to expect estate tax liability; and second, why those whose estates are likely to be subject to the tax often do not take advantage of the …


Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz Jan 2003

Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz

Articles

No abstract provided.


Property's Uneasy Path And Expanding Future, Saul Levmore Jan 2003

Property's Uneasy Path And Expanding Future, Saul Levmore

Articles

No abstract provided.


Accommodating Emergencies, Eric A. Posner, Adrian Vermeule Jan 2003

Accommodating Emergencies, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.


The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt

Articles

No abstract provided.


Christopher St. German And The Law Of Custom, Richard H. Helmholz Jan 2003

Christopher St. German And The Law Of Custom, Richard H. Helmholz

Articles

No abstract provided.


Determinants Of Sexual Behaviour, Kevin Lalor, Cathal O'Regan, Siobhan Quinlan Jan 2003

Determinants Of Sexual Behaviour, Kevin Lalor, Cathal O'Regan, Siobhan Quinlan

Articles

No abstract provided.


"An Outsider's View Of Modern Ireland: Michel Houellebecq's Atomised", Eamon Maher Jan 2003

"An Outsider's View Of Modern Ireland: Michel Houellebecq's Atomised", Eamon Maher

Articles

No abstract provided.