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Articles 1 - 19 of 19
Full-Text Articles in Law
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Corporate Law Constraints On Political Spending, James Kwak
Corporate Law Constraints On Political Spending, James Kwak
Faculty Articles and Papers
Corporations currently can participate in electoral politics in the United States through various means: affiliated PACs, super PACs, 501(c)(6) organizations like the Chamber of Commerce, 501(c)(4) social welfare organizations, and traditional 501(c)(3) charitable organizations. Corporate law, as generally interpreted by the courts, places few constraints on the ability of corporate insiders to engage in politics as they choose. I argue that existing statutes and case law could be interpreted to impose greater constraints on corporate political activity. Political contributions should be reviewed as potential violations of the duty of loyalty whenever they could provide personal benefits to board members and …
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Sincerity And Reason-Giving: When May Legal Decision Makers Lie, Mathilde Cohen
Faculty Articles and Papers
Public "reason giving" is an essential duty of democracies, said to promote better public decision-making by keeping the government's discretionary powers in check. However, this aim may be compromised if decision-makers cite insincere and misleading justifications as a means of preventing accountability. This Article contributes to rethinking sincerity in legal decision-making by asking both a normative and a descriptive question. The normative question is whether and to what extent should public institutions disclose the reasons for their decisions. The practical question is whether and how the fact that decision-makers have failed to fully disclose their reasons can be established. The …
Taxes And The 2008 Us Election, Stephen Utz
Taxes And The 2008 Us Election, Stephen Utz
Faculty Articles and Papers
No abstract provided.
Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo
Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Grading The Government, Richard Parker
Grading The Government, Richard Parker
Faculty Articles and Papers
For over a decade, scathing critiques of government have been fueled by a group of studies called regulatory scorecards, which purport to show that the costs of many government regulations vastly outweigh their benefits. One widely-cited study by John Morrall, an OMB economist, claims that government regulations cost up to $72 billion per life saved. Another study, co-authored by Bush's regulatory czar, John Graham, claims that over 60,000 people lose their lives each year due to irrational government regulation. A third group of scorecards - compiled by Robert Hahn of the AEI-Brookings Joint Center for Regulatory Studies - claims that …
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Faculty Articles and Papers
When the Supreme Court of Canada issued its judgment on the legality of unilateral Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a victory for all …
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Insurance And The Utopian Idea, Carol Weisbrod
Insurance And The Utopian Idea, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Corruption And Legitimation Crises In Latin America, Ángel Oquendo
Corruption And Legitimation Crises In Latin America, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
International Law, Mark Weston Janis
International Law, Mark Weston Janis
Faculty Articles and Papers
The recent developments in Eastern Europe and the Persian Gulf dramatize the efforts of the United States to muster the support of other states and international organizations in asserting principles of international law and process. These diplomatic initiatives to win a global consensus about the rule of law in international politics reflect an important turn in U.S. policy. In the past few decades the United States has mostly enunciated a parochial rhetoric regarding international law, treating it either as a sort of extension of United States law or as a flexible framework that somehow always promoted U.S. legal and political …
Towards A History Of Essential Federalism: Another Look At Owen In America, Carol Weisbrod
Towards A History Of Essential Federalism: Another Look At Owen In America, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Barriers To United States-Canadian Trade: Problems And Solutions, The Canadian Perspective, Richard Parker
Barriers To United States-Canadian Trade: Problems And Solutions, The Canadian Perspective, Richard Parker
Faculty Articles and Papers
No abstract provided.
The Creation Of Constitutions In Canada And The United States, Richard Kay
The Creation Of Constitutions In Canada And The United States, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill
The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill
Faculty Articles and Papers
No abstract provided.
Justice Joseph Story, The Charles River Bridge Case And The Crisis Of Republicanism, R. Kent Newmyer
Justice Joseph Story, The Charles River Bridge Case And The Crisis Of Republicanism, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Selective Conscientious Objection: Divine Will And Legislative Grace, Hugh Macgill
Selective Conscientious Objection: Divine Will And Legislative Grace, Hugh Macgill
Faculty Articles and Papers
No abstract provided.
Political Campaign Financing: Tax Incentives For Small Contributors, Ellen Ash Peters
Political Campaign Financing: Tax Incentives For Small Contributors, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.