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Articles 8101 - 8130 of 10234
Full-Text Articles in Entire DC Network
Lawrence's Republic, James E. Fleming
Lawrence's Republic, James E. Fleming
Faculty Scholarship
I am delighted and honored to participate in this symposium critiquing and celebrating the remarkable scholarship of Frank Michelman. I was a student of Frank-but of course we all are students of Frank. I also have had the good fortune to be a colleague of Frank-he has been a distinguished visiting professor at Fordham and has generously participated in a number of our conferences there. The only problem I had in preparing for the symposium is that Frank's scholarship is so rich and wide-ranging that it was difficult to decide what to write about. I initially planned to write a …
Who's The Boss? Controlling Auditor Incentives Through Random Selection, David B. Kahn, Gary S. Lawson
Who's The Boss? Controlling Auditor Incentives Through Random Selection, David B. Kahn, Gary S. Lawson
Faculty Scholarship
It took the promise of knowledge to get Eve to yield to temptation. For people outside the Garden of Eden, money often does the job nicely. The U.S. capital markets are the locus of an enormous amount of money-and therefore of an enormous temptation for people who provide financial information to those markets to skew the reporting process to promote their own interests. The risk and potential consequences of skewed financial reporting are matters of grave concern.
Securing Deliberative Democracy, James E. Fleming
Securing Deliberative Democracy, James E. Fleming
Faculty Scholarship
The brochure for the conference frames the questions for our panel on The Constitutional Essentials of Political Liberalism as "What are the implications of Rawls's conceptions of justice as fairness and political liberalism for constitutional theory? Might his account of constitutional essentials provide a useful guiding framework for conceiving the scheme of basic liberties embodied in the American Constitution? How thin are the commitments of our Constitution as compared with our richer commitments to constitutional justice and political justice? What are the implications of Rawls's work for theory of judicial review and for enforcement of constitutional rights and obligations outside …
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
Faculty Scholarship
There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …
Stepping Back Through The Looking Glass: Real Conversations With Real Disputants About Institutionalized Mediation And Its Value, Nancy A. Welsh
Stepping Back Through The Looking Glass: Real Conversations With Real Disputants About Institutionalized Mediation And Its Value, Nancy A. Welsh
Faculty Scholarship
This Article describes what a group of real disputants perceives as most valuable about agency-connected mediation before, soon after, and eighteen months after they participated in the process. The Article is based primarily upon qualitative data from in-depth interviews with parents and school officials who participated in special education mediation sessions. Though the specific context of these interviews is obviously important, these disputants and their disputes share many commonalities with disputants and disputes in other contexts and, as a result, these disputants' views have relevance for the broader field of mediation.
These interviews suggest that both before and after disputants …
International Adoption & International Comity: When Is Adoption Repugnant, Malinda L. Seymore
International Adoption & International Comity: When Is Adoption Repugnant, Malinda L. Seymore
Faculty Scholarship
Do judges have the authority to recognize decrees of foreign adoption? Since 1989, over 167,000 parents of children adopted in other countries have needed to know the answer to that question. Adoption creates a parent-child relationship that is not legally different from a biologically created parent-child relationship. Parents are entitled to the same rights and owe the same obligations to adopted children as they do to biological children, and adopted children are entitled to the same benefits as biological children. Adopted children are entitled to the financial support of their parents to the same extent as biological children. Thus, in …
A "Patent" Restriction On Research & Development: Infringers Or Innovators?, Srividhya Ragavan
A "Patent" Restriction On Research & Development: Infringers Or Innovators?, Srividhya Ragavan
Faculty Scholarship
The Trade Related Aspects of Intellectual Property Rights ("TRIPS") requires developing nations to harmonize patent regimes as a means to achieve stronger industrial growth. Countries, however, need to adopt effective patent procedures in order to successfully institute a patent regime. In spite of this, international treaties like TRIPS do not properly assist developing nations in establishing appropriate procedural mechanisms capable of complimenting a sophisticated patent regime. Consequently, developing nations may embrace ineffective patent procedures that can eventually further limit industrial growth despite establishing a TRIPS compliant patent regime. The paper uses India as a case study to demonstrate the detriments …
Assessing Client Change In Individual And Family Counseling, Robert L. Fischer
Assessing Client Change In Individual And Family Counseling, Robert L. Fischer
Faculty Scholarship
This article presents outcome data from an ongoing nonintrusive method for evaluating counseling services. Applied to one agency's delivery of solution-focused brief therapy, the method is brief and easily integrated into clinical practice. Using two scaling questions (one to measure daily functioning and the other to measure emotional coping), clinicians asked clients in every session to rate on a scale of 0 to 10 their present status on two dimensions. Data were collected by 40 professional counselors providing services to 3,920 cases during a 2-year period, averaging three counseling sessions per case. Analyses demonstrated statistically significant findings for both functioning …
Interviewing Ex-Employees: One Answer, New Questions, Susan P. Koniak
Interviewing Ex-Employees: One Answer, New Questions, Susan P. Koniak
Faculty Scholarship
In Clark v. Beverly Health and Rehabilitation Services, Inc., 440 Mass. 270, 797 N.E.2d 905 (2003), the Supreme Judicial Court held that a lawyer for a party may contact former employees of the opposing party without violating Mass. r. Prof. C. 4.2. Lawyers who represent entities with former employees are not happy because, where 4.2 applies, the Rule makes it harder for the other side's lawyers to obtain information that might be damaging to the organization. Understandable. But some purport to be aghast, which is ridiculous. The Clark holding is in line with the ABA's position, the text of …
"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
Faculty Scholarship
Suppose a state legislature enacted a law making any theft a crime punishable by twenty years' imprisonment. Within this law was a provision precluding an accused from introducing evidence that he unwittingly took property to which he was not entitled. Suppose further that after this law was enacted, an elderly woman hung her black coat in a restaurant's lobby and, upon leaving, mistakenly retrieved another's black coat.1 Under the hypothetical statute, her mistake could neither hinder the prosecution's case against her nor be asserted by her as a defense. By inadvertently taking another's coat from a crowded restaurant, the woman …
It's The Antigen Stupid, Robert A. Bohrer
It's The Antigen Stupid, Robert A. Bohrer
Faculty Scholarship
The Orphan Drug Act of 1983 is an attempt at solving an important problem: how to induce a market-driven pharmaceutical industry to develop new therapeutics for diseases affecting relatively small numbers of persons. In the case of protein therapeutics produced by biotechnology, the FDA’s administration of the Act has repeatedly led to litigation and controversy. The principal and recurrent problem has been determining when a second applicant for the approval of a drug to treat an orphan disease (or “indication”) is seeking approval for the “same” drug as a previously approved orphan drug. The problem is how to provide sufficient …
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone
Faculty Scholarship
No abstract provided.
Dramatic Decline Of Wild South China Tigers Panthera Tigris Amoyensis: Field Survey Of Priority Tiger Reserves, Ronald Tilson, Hu Defu, Jeff Muntifering, Philip J. Nyhus
Dramatic Decline Of Wild South China Tigers Panthera Tigris Amoyensis: Field Survey Of Priority Tiger Reserves, Ronald Tilson, Hu Defu, Jeff Muntifering, Philip J. Nyhus
Faculty Scholarship
This paper describes results of a Sino- American field survey seeking evidence of South China tigers Panthera tigris amoyensis in the wild. In 2001 and 2002 field surveys were conducted in eight reserves in five provinces identified by government authorities as habitat most likely to contain tigers. The surveys evaluated and documented evidence for the presence of tigers, tiger prey and habitat disturbance. Approximately 290 km of mountain trails were evaluated. Infrared remote cameras set up in two reserves captured 400 trap days of data. Thirty formal and numerous informal interviews were conducted with villagers to document wildlife knowledge, livestock …
Agroforestry, Elephants, And Tigers: Balancing Conservation Theory And Practice In Human-Dominated Landscapes Of Southeast Asia, Philip J. Nyhus, R L. Tilson
Agroforestry, Elephants, And Tigers: Balancing Conservation Theory And Practice In Human-Dominated Landscapes Of Southeast Asia, Philip J. Nyhus, R L. Tilson
Faculty Scholarship
Large mammal populations theoretically are best conserved in landscapes where large protected areas are surrounded by buffer zones, connected by corridors, and integrated into a greater ecosystem. Multi-use buffer zones, including those containing complex agroforestry systems, are promoted as one strategy to provide both economic benefits to people and conservation benefits to wildlife. We use the island of Sumatra, Indonesia to explore the benefits and limitations of this strategy. We conclude that conservation benefits are accrued by expanding the habitat available for large mammals but more attention needs to be focused on how to reduce and respond to human–wildlife conflict …
Characterizing Human-Tiger Conflict In Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Ronald Tilson
Characterizing Human-Tiger Conflict In Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Ronald Tilson
Faculty Scholarship
Human-tiger conflict occurs in Indonesia but there is little recent information about the scope of the problem, and adequate policies are not in place to address the conflict. Published and unpublished reports of conflict between Sumatran tigers Panthera tigris sumatrae, people and their livestock were collected and analysed to characterize the extent, distribution and impact of human-tiger actively conflict on the island of Sumatra, Indonesia. Reportedly, between 1978 and 1997, tigers killed 146 people and injured 30, and killed at least 870 livestock. Conflict was less common in protected areas and more common in inter- mediate disturbance areas such as …
Slaughter-House Five: Views Of The Case, David S. Bogen
Slaughter-House Five: Views Of The Case, David S. Bogen
Faculty Scholarship
No abstract provided.
The New Moralizers: Transforming The Conservative Legal Agenda, David A. Super
The New Moralizers: Transforming The Conservative Legal Agenda, David A. Super
Faculty Scholarship
The essential elements of a wide range of social policies can be described in terms of responses to three basic questions. First, what burdens must the innocent carry? Second, what burdens must the blameworthy bear? And third, how does society assess blame? This Essay examines the increasingly successful efforts of a faction of social conservatives, called here the new moralizers, to reshape the resolution of each of these three issues and with them a wide range of social policies. Although the relative importance of these three questions has varied over time, the twentieth century saw a movement away from costly …
The Political Economy Of Entitlement, David A. Super
The Political Economy Of Entitlement, David A. Super
Faculty Scholarship
Debates over “entitlements” have lacked conceptual clarity because the term has at least six analytically distinct meanings. The psychological “entitlements” that many attack are distinct from the legalistic “entitlements” that others champion. Most importantly, however, entitlements are economic concepts. A benefit provided to all claimants meeting state eligibility requirements can be termed a “responsive entitlement”; its antithesis is a program that arbitrarily caps participation. Similarly, a program whose benefits are defined by the amount required to accomplish some specific purpose is a “functional entitlement; it may be juxtaposed with one providing only an arbitrary sum. The market through which public …
The Quiet "Welfare" Revolution: Resurrecting The Food Stamp Program In The Wake Of The 1996 Welfare Law, David A. Super
The Quiet "Welfare" Revolution: Resurrecting The Food Stamp Program In The Wake Of The 1996 Welfare Law, David A. Super
Faculty Scholarship
Cash-assistance programs have long been a focus of both liberal and conservative efforts to make symbolic statements. In this regard, the 1966 dismantlement of federal entitlement to cash assistance was nothing new. Although the 1996 welfare law also made deep cuts to in-kind programs, such as food stamps, these programs had less symbolic significance and hence were less often the target of public attacks. This lower political profile gave the Food Stamp Program room to find positive ways to adapt to the key themes that drove the enactment of the 1996 welfare law. In the 1996 welfare law’s wake, the …
A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling
A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling
Faculty Scholarship
In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …
Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks
Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Cost Of Conscience: Quantifying Our Charitable Burden In An Era Of Globalization, Frank A. Pasquale
The Cost Of Conscience: Quantifying Our Charitable Burden In An Era Of Globalization, Frank A. Pasquale
Faculty Scholarship
Development economists have long debated the proper targets for foreign aid contributions from wealthy countries. Philosophers like Peter Singer and Peter Unger now suggest that these countries' citizens have a parallel moral responsibility to tithe a portion of their income directly for the relief of the suffering of the poorest. These thinkers would prefer a systematic global redistribution of income - some public mechanism for accomplishing worldwide what the tax systems of egalitarian social democratic states accomplish. But they all realize that such global governance is unlikely to come about in any of our lifetimes. So they turn their attention …
Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein
Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein
Faculty Scholarship
No abstract provided.
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark
Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark
Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Investing In Our Children: A Not So Radical Proposal, Donald B. Tobin
Investing In Our Children: A Not So Radical Proposal, Donald B. Tobin
Faculty Scholarship
No abstract provided.
Citizen Suits And Sustainability, John C. Dernbach
Citizen Suits And Sustainability, John C. Dernbach
Faculty Scholarship
No abstract provided.
Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriage, Randy Lee
Faculty Scholarship
No abstract provided.
Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach
Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach
Faculty Scholarship
No abstract provided.
Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach
Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach
Faculty Scholarship
No abstract provided.