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Articles 1351 - 1380 of 3179
Full-Text Articles in Entire DC Network
Concentrated Enforcement, Leigh Osofsky
Concentrated Enforcement, Leigh Osofsky
Articles
When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax literature suggests that they should be allocated based on a "worst-first" method, whereby the individuals likely to be most noncompliant are targeted. However, while "worst-first" methods can encourage all individuals to increase compliance so as not to be deemed the "worst, " they can also provide cover to engage in noncompliance that …
Taming A Wandering Attention: Short-Form Mindfulness Training In Student Cohorts, Alexandra B. Morrison, Merissa Goolsarram, Scott L. Rogers, Amishi P. Jha
Taming A Wandering Attention: Short-Form Mindfulness Training In Student Cohorts, Alexandra B. Morrison, Merissa Goolsarram, Scott L. Rogers, Amishi P. Jha
Articles
No abstract provided.
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
Articles
No abstract provided.
The Controversy Over Citations To Foreign Authorities In American Constitutional Adjudication And The Conflict Of Judicial Philosophies: A Reply To Professor Glendon, Michel Rosenfeld
Articles
The controversy over U.S. Supreme Court justices citing foreign authorities in constitutional cases reflects a deeper ideological divide between restrictive and expansive judicial philosophies. This debate, evident in cases like Lawrence v. Texas and Roper v. Simmons, transcends traditional labels like originalism or political ideology, focusing instead on whether judges should defer to majoritarian decisionmaking or actively shape evolving rights. The article argues that the furor over foreign citations will diminish once the broader philosophical clash over judicial interpretation is resolved, as differences over foreign authorities are secondary to this central divide.
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Articles
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …
Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz
Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz
Articles
No abstract provided.
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
Articles
No abstract provided.
Family Courts Are Here To Stay, So Let's Improve Them, Barbara A. Babb
Family Courts Are Here To Stay, So Let's Improve Them, Barbara A. Babb
Articles
The article presents a commentary in response to the White Paper of the Institute for the Advancement of the American Legal System's Honoring Families Initiative on the court and separating and divorcing families. Topics include the mission, function and structure of family courts, therapeutic jurisprudence, and the design of a unified family court. It also discusses the ecology of human development.
Disability, Repressive Regimes, And Health Disparity: Assessing Country Conditions In North Korea, Jae-Chun Won, Janet E. Lord, Michael Ashley Stein, Yosung Song
Disability, Repressive Regimes, And Health Disparity: Assessing Country Conditions In North Korea, Jae-Chun Won, Janet E. Lord, Michael Ashley Stein, Yosung Song
Articles
This article examines the potential of international human rights standards to account for heightened risk and vulnerability to human rights abuses for persons with disabilities in politically repressive environments. We offer a preliminary assessment of whether and how a disability-cognizant accounting of human rights in repressive regimes can lead to a more credible and comprehensive understanding of disability in such contexts. In so doing, we make the case for a more thorough and thoughtful application of international disability rights standards to better inform human rights investigations, transitional justice approaches, and international criminal law proceedings. To illustrate this methodology, we analyze …
Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
Articles
Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …
Understanding The Attitude-Behavior Gap For Renewable Energy Systems Using Behavioral Reasoning Theory, Marius Claudy, Mark Peterson, Aidan O'Driscoll
Understanding The Attitude-Behavior Gap For Renewable Energy Systems Using Behavioral Reasoning Theory, Marius Claudy, Mark Peterson, Aidan O'Driscoll
Articles
Consumer adoption of renewable energies is an important step towards less carbon-intensive and more sustainable energy systems. But despite growing ecological awareness and articulated preferences for green products, renewable energies face slow rates of diffusion in consumer markets. This has been hard to explain given consumers’ favorability to the concept of products that lower one’s impact on the natural environment. This study uses data from 254 homeowners in Ireland to investigate the psychological process of adopting a renewable energy system – solar energy panels. Applying Behavioral Reasoning Theory (BRT), this research examines a proposed model in which reasons both for …
The Legacy Of Broken Faith, Eamon Maher
The Legacy Of Broken Faith, Eamon Maher
Articles
One of the advantages of a crisis within any human institution is that it generates fracture, encourages re-evaluation, self-criticism, and, occasionally, anger. In April2011, a conference was organised in Milltown Institute around the theme of Broken Faith: &-visioning the Church in Ireland.
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Articles
The article proposes a framework for regulating commercial litigation investment by drawing analogies to existing legal norms in similar economic activities. It argues that contract law, rather than tort law, is better suited to address the risks and challenges inherent in this growing market. The analysis emphasizes the importance of aligning legal norms with the economic realities of litigation investment, particularly in the commercial sector, where the stakes and dynamics differ significantly from consumer litigation. The authors advocate for a regulatory approach that balances protection against opportunism with the need to maintain efficient outcomes.
Enhancing The Academic And Social Learning Of Irish Undergraduates Through Emotional And Social Skills Development., Aiden Carthy, Celesta Mccann, Sinead Mcgilloway, Colm Mcguinness
Enhancing The Academic And Social Learning Of Irish Undergraduates Through Emotional And Social Skills Development., Aiden Carthy, Celesta Mccann, Sinead Mcgilloway, Colm Mcguinness
Articles
This paper considers the potential merits of emotional competency coaching for undergraduate students. We outline the findings from our previous work which showed, for example, that a sample of First Year undergraduate students failed to engage with coaching primarily because it was not a mandatory aspect of the curricula. An analysis of the National Framework of Qualifications (NFQ) - which details the specific learning outcomes that must be achieved by all Irish academic syllabi found that this framework makes scant reference to the development of social and emotional skills. Therefore, a revised working model of the NFQ is proposed, which …
The Boundaries Of The Moral (And Legal) Community, Brian Leiter
The Boundaries Of The Moral (And Legal) Community, Brian Leiter
Articles
No abstract provided.
New Challenges For Strategy Development In Irish Higher Education Institutions., Deirdre Lillis, Marion Lynch
New Challenges For Strategy Development In Irish Higher Education Institutions., Deirdre Lillis, Marion Lynch
Articles
Strategic planning has become an integral part of the management of higher education institutions worldwide. The experiences of all but one of the Republic of Ireland’s 21 Universities and Institutes of Technology with strategic planning are explored from 2000-2010. At the starting point in 2000 only two Institutions had a documented strategic plan. Ten years later all had undergone one or more iterations of strategic planning. Qualitative research methods were used including document analysis of n=42 strategic plans, n=12 institutional review reports and n=26 interviews with senior managers with responsibility for strategic planning. The paper considers whether the strategic planning …
The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans
The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans
Articles
Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …
Development Of A Jobs Database For Tracking Knowledge And Skills Expectations In The Workplace, Esa M. Rantanen, Christopher Claeys, Daniel Roder
Development Of A Jobs Database For Tracking Knowledge And Skills Expectations In The Workplace, Esa M. Rantanen, Christopher Claeys, Daniel Roder
Articles
The primary objective of college education in applied disciplines is that it is relevant to the expectations for new professionals entering the labor market. Academic institutions should therefore pay close attention to the ever-changing skills and knowledge expectations in the labor market. These trends are not easy to track, however. Surveys of new professionals about their experiences in their first jobs or surveys of employers about their experiences with new hires suffer from low response rates, nonresponse bias, and the one-time nature of survey research. A better way to track labor market trends is to continually analyze human factors job …
Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani
Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani
Articles
No abstract provided.
Mock Trials And Real Justices And Judges, Richard A. Posner
Mock Trials And Real Justices And Judges, Richard A. Posner
Articles
No abstract provided.
The Mink Framework: Towards Measuring Individual Knowledge, Mohamed Ragab, Amr Arisha
The Mink Framework: Towards Measuring Individual Knowledge, Mohamed Ragab, Amr Arisha
Articles
Knowledge is the currency of the current economy and a vital resource for sustaining organisational performance in today’s knowledge-based intensively competitive business environment. To avoid the detrimental consequences of knowledge loss, managers are urged to identify where knowledge stocks exist and how knowledge flows within their organisations by identifying knowledge holders among their employees. Although some studies have attempted to use different methods to measure knowledge at the organisational level, very few have addressed the individual knowledge holder. Moving from a critical literature review of the existing knowledge measurement approaches, this paper proposes a novel framework that enables organisations to …
Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon
Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon
Articles
No abstract provided.
Using Pcr To Target Misconceptions About Gene Expression, Leslie Kate Wright, Dina L. Newman
Using Pcr To Target Misconceptions About Gene Expression, Leslie Kate Wright, Dina L. Newman
Articles
We present a PCR-based laboratory exercise that can be used with first- or second-year biology students to help overcome common misconceptions about gene expression. Biology students typically do not have a clear understanding of the difference between genes (DNA) and gene expression (mRNA/protein) and often believe that genes exist in an organism or cell only when they are expressed. This laboratory exercise allows students to carry out a PCR-based experiment designed to challenge their misunderstanding of the difference between genes and gene expression. Students first transform E. coli with an inducible GFP gene containing plasmid and observe induced and un-induced …
Using Pcr To Target Misconceptions About Gene Expression, Leslie Kate Wright, Dina L. Newman
Using Pcr To Target Misconceptions About Gene Expression, Leslie Kate Wright, Dina L. Newman
Articles
We present a PCR-based laboratory exercise that can be used with first- or second-year biology students to help overcome common misconceptions about gene expression. Biology students typically do not have a clear understanding of the difference between genes (DNA) and gene expression (mRNA/protein) and often believe that genes exist in an organism or cell only when they are expressed. This laboratory exercise allows students to carry out a PCR-based experiment designed to challenge their misunderstanding of the difference between genes and gene expression. Students first transform E. coli with an inducible GFP gene containing plasmid and observe induced and un-induced …
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Articles
No abstract provided.
Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual experience …
Gender Quotas After The End Of Men, Julie C. Suk
Gender Quotas After The End Of Men, Julie C. Suk
Articles
The article explores the evolving role of gender quotas in a society where women are increasingly surpassing men in education and professional sectors, a concept termed "the end of men." It examines the legal and social implications of gender quotas, contrasting France's constitutional commitment to gender parity with Sweden's shift away from such quotas as they begin to disadvantage women in certain contexts. The author argues that the justification for gender quotas is being reevaluated, moving from correcting historical discrimination to maintaining gender balance as a permanent societal goal.
Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog
Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog
Articles
Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?
Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior
Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior
Articles
No abstract provided.