Law Commons^™

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …

Brain And Law: An Eeg Study Of How We Decide Or Not To Implement A Law, Armando Rocha, Eduardo Massad, Fábio Rocha, Marcelo Buratini

Armando F Rocha

Brazil has introduced a referendum regarding the prohibition of firearm commerce and propaganda arguments has invoked socially and personally driven issues in the promotion of voting in favor of and against firearm control, respectively. Here, we used different techniques to study the brain activity associated with a voter’s perception of the truthfulness of these arguments and their influence on voting decisions. Low Resolution Tomography was used to identify the possible different sets of neurons activated in the analysis of the different types of propaganda. Linear correlation was used to calculate the amount information provided by different electrodes about how these …

Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire

Chad J McGuire

Teaching Factual Investigation Skills In Legal Studies Courses, Patricia Bravender, Ruth Stevens

Patricia Bravender

This presentation demonstrated how a legal studies professor collaborated with a former paralegal who is a liaison librarian to develop and incorporate factual investigation assignments into legal studies courses. The presentation provided lesson plans for factual investigation that can be easily incorporated into a variety of legal studies classes. These plans can be updated and personalized based on resources available to any program.

Toward A Typology Of Wildlife Crime Offenders, Greg Warchol

Greg Warchol

No abstract provided.

On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy, Yaniv Heled

Yaniv Heled

The idea of ominous technologies that put human individuals or parts of their bodies under someone else's control has been stirring emotions and terrifying people for centuries. It was a recent offshoot of this idea--the notion of “patenting humans”--that mobilized certain members of Congress to pass legislation prohibiting the issuance of patent claims “directed to or encompassing a human organism.” The values underlying this legislation may well have been agreeable, even admirable. Yet, the actual motivation for it was misguided; its execution, deeply flawed; its potential outcomes, hazardous

This Article reviews the history and background of this prohibition. It fleshes …

Alter Rules Of Liability, Yaniv Heled

Yaniv Heled

No abstract provided.

Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire

Chad J McGuire

Real World In The Classroom, Marci Johnson, Jonathan Bull, Derrick Carter, Michael Hagenberger

Jonathan Bull

This panel will discuss creating integrating real world projects into the classroom environment. Panelists include Marci Johnson (English), Jonathan Bull (Library Services), Derrick Carter (School of Law), and Michael Hagenberger (College of Engineering).

The Quistclose Trust In Singapore, Alvin W. L. See

Alvin W-L See

This article examines the development of the Quistclose trust in Singapore by reference to the wider discourse on the subject. Besides addressing some of the common issues relating to the finding of a Quistclose trust, this article also examines two of the judicially recognized Quistclose analyses (the dual trust analysis and the Twinsectra analysis) and suggests factors that should be taken into account in deciding which to adopt in a particular case.

Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.

The Courts And The Media: Challenges In The Era Of Digital And Social Media, Patrick Keyzer, Jane Johnston, Mark Pearson

Jane Johnston

The jury system is under threat, as jurors turn to Google and defy instructions to stick to the evidence. The news media struggle with inconsistent suppression orders. Judges wonder how to insulate justice from Twitter and Facebook. The eminent contributors to this book are Chief Justices, journalists, News Ltd’s former CEO, legal scholars and court officials. They see the anxieties from different viewpoints - and the opportunities as well - but none are under illusions about how serious (and complex) the issues are becoming.

The Limits Of Regulatory Science In Transnational Governance Of Transgenic Plant Agriculture And Food Systems, Taiwo Oriola

Taiwo Oriola

The current national and transnational regulatory and policy framework for transgenic plant agriculture and food is arguably largely defined by science. Notably, transgenic plant agriculture policy deference to science is ostensibly premised on the general perception that science is neutral, objective, reliable, and agnostic. This is exemplified by cases ranging from Alliance for Bio-integrity v Donna Shalala, European Communities: Measures Affecting the Approval and Marketing of Biotech Products, to European Commission v Republic of Poland, in which conscientious, ethical, religious, and cultural oppositional grounds to transgenic plant agriculture and food were trumped by scientific imperatives. However, the lack of unanimity …

Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad

Mary Alice Haddad

This chapter examines environmental politics in four polities that run the full spectrum of political regimes: mainland China (authoritarian), South Korea and Taiwan (newly democratic), and Japan (mature democracy). The chapter argues that variation in environmental politics in each place resulted primarily from the timing of their environmental movements, with subsequent movements learning from predecessors and gaining increasing access to global NGO networks. Paradoxically, when environmental movements became linked to democratization movements (in South Korea and Taiwan), they also became linked to political parties, which hindered access to government policymaking when non-allied parties were in power.

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …

Witness Response Manipulation Through Strategic "Non-Leading" Questions (Or The Art Of Getting The Desired Answer By Asking The Right Question), Sydney Beckman

Sydney A. Beckman

No abstract provided.