Law Commons^™

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre …

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom

Détecter Et Prévenir : De La Digitalisation Des Corps Et De La Docilité Des Normes., Antoinette Rouvroy, Thomas Berns

Antoinette Rouvroy

D’une manière quelque peu intempestive sans doute eût égard au thème général de l’ouvrage – gouverner par les corps - et aux pensées de la biopolitique qui s’y déploient, il s’agit ici de tenter d’identifier en quoi les nouvelles technologies de l’observation, de l’information, de la communication et de la réseautique, procédant à la digitalisation de la vie même, intensifiant la ‘dispersion’ ou la ‘dividualisation’ du sujet humain , tout en alimentant le mythe de sa prévisibilité, donnent lieu à une nouvelle forme de gouvernementalité irréductible aux « arts de gouverner » décrits par Foucault sous les traits du pastorat, …

Interstate Environmental Impact Assessment, Noah D. Hall

Noah D Hall

This article proposes a new state-based policy – interstate environmental impact assessment – that builds on the National Environmental Policy Act’s Environmental Impact Statement process to address interstate environmental harms. Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged American environmental law for over a century. Interstate environmental impact assessment would provide a procedural mechanism for an affected state and its citizens to influence the source state and minimize or prevent interstate environmental harms. The process itself would address the underlying problems of inadequate information, public process bias, …

Le Corps Statistique, Antoinette Rouvroy, Thomas Berns

Antoinette Rouvroy

S’il est question de « corps statistique », c’est dans la mesure où l’on veut ici analyser la gouvernementalité contemporaine, dans ce qu’elle tente de dire, de prédire et d’orienter des comportements (et intentions), et en ce que, à ce titre, elle se présenterait 1) comme statistique, au sens où elle repose fondamentalement sur l’exploitation de grandes quantités de données – signifiantes ou non aux yeux des individus eux-mêmes - recueillies dans une multitude de contextes de vie et d’action hétérogènes les uns aux autres, et sur la ‘découverte’ algorithmique de corrélations prédictives des comportements futurs et 2) comme capable …

Policing With Chinese Characteristics, Kam C. Wong

Kam C. Wong

A review of (occidental) literature on Chinese social control-policing shows that there is an imbalance in research output. There is a lot of research into social control system in imperial China; its historical roots, philosophical foundation, structural framework, and functional process. However, there are very little raw data and research output on how Chinese police worked in the past or PRC public security functions at present.

This book is the only book that provide for a systematic and comprehensive treatment on various aspects of China policing, including: idea (Chapter 2), origin (Chapter 3), history (Chapter 4), education (Chapter 5), culture …

Fisher Management Regimes And Fisheries Governance In Floodplain Wetland Of Assam, Ganesh Chandra

Ganesh Chandra

Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. Livelihood of fishers’ family from time immemorial is dependent upon fishing in floodplain wetlands. Fishers include the actual fishermen belonging to the Schedule castes and the Maimal community of the district of Cachar. …

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron

Ariel Meyerstein, JD, PhD

No abstract provided.

"Let's Do The Time Warp Again": Assessing The Competence Of Counsel In Mental Health Conservatorship Proceedings, Grant H. Morris

Grant H Morris

Thirty years ago, I wrote an article on mental health conservatorships in California and the role of counsel for persons for whom a conservatorship has been proposed. Data was gathered on the performance of attorneys in court hearings conducted in San Diego County Superior Court. The data revealed that lawyers representing proposed conservatees were inactive and ineffective in representing their clients’ interests. The lawyers did not consider themselves advocates in an adversary process in which conservatorship was to be avoided. A year after the article was published, the California Supreme Court, citing that article as authority for the “paternalistic attitude” …

Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern

GEORGE S FORD

Under Section 629 of the Communications Act, Congress directed the FCC to adopt regulations to promote a retail market for set-top boxes. The Commission’s first attempt was the ill-fated CableCard experiment, which—by the Commission’s own admission—was a dismal failure. In response, the Commission is now contemplating an aggressive new “AllVid” regime, whereby the agency would mandate multichannel video program distributors (“MVPDs”) to provide an adapter to serve as a “common interface for connection to televisions, DVRs, and other smart video devices.” Because the FCC is again proceeding without any formal economic analysis of the nature of the service-equipment relationship in …

The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak

GEORGE S FORD

In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data, are …

The Mexican Kidnapping Industry: Does Federalism Hold The Government Hostage In Its Efforts To Combat Such Criminality?, Charles B. Bowers

Charles Bowers

No abstract provided.

Beyond The "Inherited Model": Public Service Bargains In The Commonwealth Caribbean, Lindsay J. Stirton Ph.D., Martin C. Lodge Phd

Lindsay J Stirton Ph.D.

No abstract provided.

The Slaves’ Own Country, Savad Rahman

savad rahman

No abstract provided.

Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal

Ashok Agrwaal

The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice. …

Mujeres En El Cruce: Remapping Border Security Through Migrant Mobility, Anna O. Oleary

Anna Ochoa OLeary

In this article I discuss some of the findings of my study of the encounter between female migrants and immigration enforcement authorities along the U.S.-Mexico border. An objective of the research was to ascertain a more accurate picture of women temporarily suspended in the “intersection” of diametrically opposed processes, immigration enforcement and transnational mobility. Of the many issues that have emerged from this research, family separation is most palpable. This suggests a deeply entrenched economic relationship between family separation and measures to better secure the U.S.-Mexico border. Indeed, women’s accounts of crossing into the U.S. without authorization, as one of …

Ministry Of Defense And Support For The Armed Forces Of The Islamic Republic Of Iran V. Elahi, Case Note, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

No abstract provided.

Citizen Employees, Richard R. Carlson

Richard R Carlson

“Citizen employees” are employees who favor the public interest even when doing so exposes them to the risk of retaliation by their employers. They are widely praised in the media, but laws for their protection are uneven, incomplete, and inadequate for their protection. This article proposes that lawmakers should recognize citizen employees as a distinct class for purposes of drafting and developing laws for their protection. This article also proposes that lawmakers should define the protected conduct of citizen employees broadly and with reference to a broad range of public interests, and that they should authorize the courts to develop …

The North American Great Lakes, Noah D. Hall

Noah D Hall

The Great Lakes are a vast resource shared by two countries, ten states and provinces, and hundreds of Indian tribes or First Nations. They are the quintessential commons that have seen their share of tragedies. Addressing competing pressures of economic development and environmental protection is only part of the challenge. The real struggle has been governance: How is management of an international transboundary resource best accomplished under the legal and political limitations of constitutional federalism? This chapter analyses the international agreements, court decisions, interstate compacts, and federal statutes that created a transboundary water regime, considering in detail the Great Lakes– …

Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge

Reid G. Fontaine

Chapter has no abstract

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …

The Wrongfulness Of Wrongly Interpreting Wrongfulness: Provocation Interpretational Bias And Heat Of Passion Homicide, Reid G. Fontaine

Reid G. Fontaine

In U.S. criminal law, a defendant charged with murder can invoke the heat of passion defense, an affirmative, partial-excuse defense so that he may be instead found guilty of the lesser crime of manslaughter. This defense requires the defendant to demonstrate that he was significantly provoked and, as a direct result of the provocation, became extremely emotionally disturbed and committed the killing while in this uncontrolled emotional state. In this way, the law makes a partial allowance for emotional dysfunction—the wrongfulness of the homicide is mitigated when the emotionally charged reactivity restricts the actor’s capacity for rational thought and reasoned …

Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

Using longitudinal data on 585 youths (48% female; 17% African American, 2% other ethnic minority), the authors examined the development of social response evaluation and decision (RED) across childhood (Study 1; kindergarten through Grade 3) and adolescence (Study 2; Grades 8 and 11). Participants completed hypothetical-vignette-based RED assessments, and their antisocial behaviors were measured by multiple raters. Structural equation modeling and linear growth analyses indicated that children differentiate alternative responses by Grade 3, but these RED responses were not consistently related to antisocial behavior. Adolescent analyses provided support for a model of multiple evaluative domains of RED and showed strong …

A Dialogical-Republican Revival: Respect-Worthy Constitutionalism In Post-Conflict Northern Ireland, South Africa, And Southern Philippines, Edsel F. Tupaz

Edsel F Tupaz

This Article addresses the question of constitutional design and negotiation for deeply divided societies in post-conflict settings. It argues in favor of the adoption and application of what might be termed as the “dialogical” model of democratic constitutionalism as opposed to the “enforcement” model which characterizes much of contemporary legal ordering. In discussing their features, the Article charts a normative apparatus for making the constitutional choice between the two, and, thereafter, it tests theory into practice by undertaking a comparative analysis of what might well be successful policymaking and constitution-making practices in Northern Ireland and South Africa. The findings show …

Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz

Edsel F Tupaz

This Article addresses the question of constitutional design in young and transitional democracies. It argues for the adoption of a “weak” form of judicial review, as opposed to “strong” review which typifies much of contemporary adjudication. It briefly describes how the dialogical strain of deliberative democratic theory might well constitute the normative predicate for systems of weak review. In doing so, the Article draws from various judicial practices, from European supranational tribunals to Canadian courts and even Indian jurisprudence. The Article concludes with the suggestion that no judicial apparatus other than the weak structure of judicial review can better incite …

The Intersection Of Judicial Attitudes And Litigant Selection Theories: Explaining U.S. Supreme Court Decision Making, Jeff L. Yates, Elizabeth Coggins

Jeff L Yates

Two prominent theories of legal decision making provide seemingly contradictory explanations for judicial outcomes. In political science, the Attitudinal Model suggests that judicial outcomes are driven by judges' sincere policy preferences -- judges bring their ideological inclinations to the decision making process and their case outcome choices largely reflect these policy preferences. In contrast, in the law and economics literature, Priest and Klein's well-known Selection Hypothesis posits that court outcomes are largely driven by the litigants' strategic choices in the selection of cases for formal dispute or adjudication -- forward thinking litigants settle cases where potential judicial outcomes are readily …

Defining Wipo’S Development Agenda, Jeremy De Beer

Jeremy de Beer

No abstract provided.