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Full-Text Articles in Law

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu Feb 2024

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …


Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg Feb 2023

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …


The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams Dec 2022

The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams

Publications and Research

The effectiveness of coercive local content requirements to the development of resource rich developing countries is an area attracting increasing global attention. Local content requirements are especially popular in the extractive sector though empirical studies show that they do not fulfill their intended purpose. Now recognized as the world's fastest growing economy after becoming an oil producing country, Guyana has passed a local content law. The real concern is not merely whether local content requirements fail to fulfill their objectives but whether they create market distortions that lead to the resource curse. This issue was addressed by Baruch's Adjunct Assistant …


Copyright Enforcement In Content-Sharing Platforms, Kameshwari Shankar Aug 2022

Copyright Enforcement In Content-Sharing Platforms, Kameshwari Shankar

Publications and Research

This paper analyzes the choice between quality improvements and copyright litigation by a proprietary seller who faces a competitive threat from a content-sharing platform. The platform operates like a “public good” with contributors who share content and free-riders who only consume content while adding to congestion on the platform. When the proprietor can identify contributors in the platform with sufficient accuracy, a litigation strategy that targets contributors exacerbates free-riding behavior in the sharing platform and drives down platform quality. In contrast, investing in quality improvements for the copyrighted good does not affect contribution decisions on the platform, leading to a …


Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse Jan 2019

Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse

Dissertations and Theses

The African continent has significantly suffered from a great number of civil wars and armed conflicts since the beginning of the independence era in late 1960s. On May 28, 1975, the creation of a regional The African continent has significantly suffered from a great number of civil wars and armed conflicts since organization in West Africa called the Economic Community of West Africa States (ECOWAS) took place. The intent was to achieve "collective self-sufficiency" for its member states by building a full economic and trading union. In the late 1990s, the maintenance of peace and security in the region was …


Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget Dec 2018

Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget

Capstones

This project examines the impact of minimum wage increases across major industries in New York City and State and concludes they have been manageable and even fueled broader economic growth. Since the incremental wage hikes were first signed into law in 2015, data and anecdotal evidence has shown business owners have been able to make it work and many of critics' concerns that the higher labor costs would lead to disemployment have been misplaced. The story provides an in-depth analysis of how restaurant and food establishments, health care and retail employers have adapted to higher labor costs by innovating their …


A Philosophical Defense Of Judicial Minimalism, Cory A. Evans May 2018

A Philosophical Defense Of Judicial Minimalism, Cory A. Evans

Dissertations, Theses, and Capstone Projects

This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, apply that definition to case law and the literature, refute many objections to judicial minimalism including objections based on tough case counterexamples, offer a new version of the argument of epistemic humility and offer a new argument in support of judicial minimalism from the perspective of law and economics.


The Perpetuation Of Mass Incarceration: Analyzing Systemic Effects Of The U.S. Penal System, Lillian Barreto Jan 2018

The Perpetuation Of Mass Incarceration: Analyzing Systemic Effects Of The U.S. Penal System, Lillian Barreto

Theses

This paper is divided into four parts, Part I. Perpetuation of a Disparate System , Part II. Perpetual Marginalization , Part III. My Personal Research and Part IV. Moving Forward . Part I serves to show the pervasive racial disparities throughout the criminal justice system and how these disparities portray a system which discriminates primarily against poor men of color. Part II shows how this community is disadvantaged in various parts of their social, economic and political lives because of the extent of punitivity and criminalization. It explains the way these disadvantages translate to men of color being discriminated against …


Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon Feb 2016

Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding …