Law Commons^™

L'Efficacia Legislativa Dei Governi: Quali Cause?, Riccardo Pelizzo

riccardo pelizzo

Il proposito di questo articolo e’ di cercar di capire quali fattori facilitino e magari causino, un’efficace azione legislativa dei governi. Questa analisi comparata e, per quanto possibile, quantitativa, e’ resa possibile dal lavoro svolto da Doering e dai suoi collaboratori che hanno raccolto, pazientemente e sapientemente, dati preziosi sulla azione legislativa dei governi, sulla efficacia di tale azione legislativa e sulle possibili cause di tale efficacia in 18 democrazie europee

Tort Law Through Time And Culture: Themes Of Economic Efficiency, M Stuart Madden

M Stuart Madden

Hellenic philosophers assessed the goals of society as: (1) the protection of persons and property from wrongful harm; (2) protection of the individual’s means of survival and prosperity; (3) discouragement of self-aggrandizement to the detriment of others; and (4) elevation of individual knowledge that would carry forward and perfect such principles.

Roman law was replete with proscriptions against forced taking and unjust enrichment, and included rules for ex ante contract-based resolution of potential disagreement. Customary law perpetuated these efficient economic tenets within the Western World and beyond.

The common law, in turn, has nurtured many of the same ends. From …

Democracy's Paradox: Popular Rule As A Constitutional Limit On Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell

Liz Campbell

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. This article seeks to establish whether the purported benefits of the pre-trial police diversion programme in Ireland outweigh any infringements on the rights of the child. Firstly, the salient legislative provisions are briefly elucidated, and then the application of the Programme to date is examined. Next, the issue of whether traditional due process rights are relevant or necessary in the context of the Garda diversion programme …

Succeeding In A Cross-Disciplinary, International, Student Design-Team Project: Auburn University/University Of Plymouth Experience, Paul Swamidass, Bob Bulfin, David Grieve, Chetan Sankar, Venu Vulasa

Paul Swamidass

Globalization has turned product design upside down. Members of a single design team in multinational firms may be located in several countries such as the USA, UK, Italy, India and so on. It is a challenge to give engineering and business students a taste of this experience. Auburn University’s Business-Engineering-Technology (B-E-T) program, and the College of Engineering, University of Plymouth, participated in a joint effort to replicate real-life product design process with a mixture of engineering and business students. This paper describes the experience, its lessons and compares it with other attempts at multinational student design-team projects.

Big Government And Its Wars On Crime: Crime Control As A Method Of Government Expansionism, Paul R. Rickert

Paul R Rickert

The federal government has expanded to meet perceived social needs and as issues come to the forefront that Washington elites believe they can fix. Consequently, they expand the power and role of the government. One way this is done is through progressive criminalization of once held freedoms. Consider the first drug laws, consider the war on poverty, consider the tax code, the new war on drugs, and hate-crimes legislation. Although tax law is not criminal law per-se, in the end, choosing not to pay taxes results in prosecution. Laws and regulations ultimately must have “teeth” for it to be effective. …

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

The Evolution Of Employment Discrimination Law In The 1990s: A Preliminary Empirical Investigation, John Donohue, Peter Siegelman

John Donohue

No abstract provided.

Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie

Jeff L Yates

In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law

David S. Law

This article argues that the expansion of the White House's role in judicial appointments since the late 1970s, at the expense of the Senate, has contributed to heightened levels of ideological conflict and gridlock over the appointment of federal appeals court judges, by making a cooperative equilibrium difficult to sustain. Presidents have greater electoral incentive to behave ideologically, and less incentive to cooperate with other players in the appointments process, than do senators, who are disciplined to a greater extent in their dealings with each other by the prospect of retaliation over repeat play. The possibility of divided government exacerbates …

Princípios Do Direito À Cidade, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Regional Land Pattern Assessment: Development Of A Resource Efficiency Measurement Method, Elizabeth Brabec, Geoffrey Mcd Lewis

Elizabeth Brabec

Debate on the sustainability of human settlements has recently been focused primarily on the urban portion of the land use pattern. However, urban areas rely on suburban, rural, and other less densely settled lands for their existence. In order to quantify the impacts of various land patterns on their supporting resources, these exurban lands must be included in any sustainability assessment. This need for a regional view has resulted in a measurement method that enables comparisons of relative sustainability between various regional land use patterns. Existing methods employed to assess urban sustainability are reviewed and compared with the regional characteristic …

Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay

Richard Kay

Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).

Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein

Richard Adelstein

A theory of central planning employing Austrian themes and applied to private firms and Taylorism.

Treating Yourself Instrumentally Internalization, Rationality, And The Law, Robert D. Cooter

Robert Cooter

No abstract provided.

Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey

Sam Grey

While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …

8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon

Thomas D. Lyon

The Opacity Of Transparency, Mark Fenster

Mark Fenster

Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey

Sam Grey

This article uses the stalled Draft Declaration on the Rights of Indigenous Peoples as the impetus for an examination of arguments championing and opposing the framing of Indigenous rights as human rights. Failings both theoretical and practical – in the conceptualisation, promulgation and interpretation of human rights – have long left Aboriginal peoples at a disadvantage. The dual focus of Indigenous claims is unique in the rights lexicon, asserting the right to be simultaneously different from and equal to the majority population. Yet Indigenous rights are often perceived, by governments with the power to block their progress, as a threat …

Die Mitwirkung Der Parlamentarischen Versammlung An Den Konventionen Des Europarats, Beat Habegger

Beat Habegger

No abstract provided.

Using Advertising Principles To Help Marketing Students Land Their First Job, Ronald Paugh, Oscar T. Mcknight, Setor Danku

Oscar T McKnight Ph.D.

As competition intensifies for entry-level marketing jobs, students of marketing must become more adept at sharpening their self-marketing and job search skills. The authors illustrate how advertising principles can be applied to this "creative" endeavor

A New Paradigm In Student Course Evaluation: From Instructor Satisfaction To Course Content, Oscar T. Mcknight, Ronald Paugh, M Manzo

Oscar T McKnight Ph.D.

No abstract provided.

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …

Wheelchair As Semiotic: Space Governance Of The American Handicapped Parking Space, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

Democracia De Masas Y Democracia Constitucional En El Perú Contemporáneo, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.

Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle

Eric A. Engle

Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …

On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons

Zachary Elkins

No abstract provided.