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Articles 1 - 9 of 9
Full-Text Articles in Law
Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad
Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad
Mary Alice Haddad
This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such as Greenpeace. These hypotheses are tested …
Law And Terror, Kenneth Anderson
Law And Terror, Kenneth Anderson
Kenneth Anderson
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison
Jennifer Allison
This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Donald J. Kochan
It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …
The Blogosphere And The New Pamphleteers, Donald J. Kochan
The Blogosphere And The New Pamphleteers, Donald J. Kochan
Donald J. Kochan
The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
Shoaib A. Ghias
Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …
Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo
Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo
Nick J. Sciullo
By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.
A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations also …