Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

Commonhealth: Mass. A National Leader In Overdose Prevention, Leo Beletsky, Alexander Walley Nov 2012

Commonhealth: Mass. A National Leader In Overdose Prevention, Leo Beletsky, Alexander Walley

Leo Beletsky

In this interview on Radio Boston, Leo Beletsky and Alexander Walley discuss their viewpoint piece, “Prevention of Fatal Opioid Overdose,” which appeared in the Nov. 14, 2012 issue of the Journal of the Medical American Association.


Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia Nov 2012

Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia

Ahmed E SOUAIAIA

Those who doubt Lakhdar Brahimi’s assessment of the crisis in Syria ought to rethink their position. His ostensibly naïve initiative for a ceasefire over the Eid holidays might have been a brilliant maneuver that ended the existence of the Syrian National Council, the previously prominent face of the Syrian opposition. Before proposing an ambitious plan of six or one hundred points like his predecessor, Brahimi wanted to make sure that there are reliable representatives of both sides who can exert influence and control over their subordinates. After visiting Russia and China, he proposed, from Tehran, that both the opposition forces …


Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen Nov 2012

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …


Advance Notice Provisions In Plant Closing Legislation: Do They Matter?, Ronald Ehrenberg, George Jakubson Nov 2012

Advance Notice Provisions In Plant Closing Legislation: Do They Matter?, Ronald Ehrenberg, George Jakubson

Ronald G. Ehrenberg

This paper evaluates the cases for and against plant closing legislation. In spite of the growth of legislative efforts in the area, there has been surprisingly little effort devoted to analyzing what the effects are of existing plant closing legislation, of provisions in privately negotiated collective bargaining agreements that provide for advance notice in case of plant shutdowns and/or layoffs, and of voluntary employer provision of advance notice. The paper summarizes the results of previous research, and our own empirical analyses that used the January 1984 Bureau of Labor Statistics Survey of Displaced Workers, on the effects of advance notice …


Who Is The Syrian Opposition?, Ahmed Souaiaia Oct 2012

Who Is The Syrian Opposition?, Ahmed Souaiaia

Ahmed E SOUAIAIA

Since the start of the uprising in Syria, countries supporting the opposition groups wanted to unify them. They organized a series of the so-called “Friends of Syria” conferences one after another only to adjourn without realizing their objective. In most cases, the meetings created more discord than opportunities for unity.


The Unfinished Story Of The Rio Plus 20 Conference, John Dernbach Oct 2012

The Unfinished Story Of The Rio Plus 20 Conference, John Dernbach

John C. Dernbach

Reporting on the 2012 U.N. Conference on Sustainable Development (or Rio+20 conference) has generally followed two lines: the conference was essentially a failure because of its tepid official response to the enormous and related problems of global environmental degradation and global poverty; and the conference successfully managed to mobilize hundreds of voluntary commitments and at least $513 billion for specific sustainability goals. A third story line has received little attention, however, and may redeem the account of official failure. This article addresses that story line, reviewing a series of processes set in motion by the parties to the conference that …


Why Is The U.S.-Islamic World Relation So Fragile?, Ahmed Souaiaia Sep 2012

Why Is The U.S.-Islamic World Relation So Fragile?, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia Aug 2012

Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia

Ahmed E SOUAIAIA

Social Change in Arab Societies


The Construction Of Suitability Obligation Of Financial Institutions When Selling Structured Products: From Comparative Law Perspective, Christopher Chao-Hung Chen May 2012

The Construction Of Suitability Obligation Of Financial Institutions When Selling Structured Products: From Comparative Law Perspective, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

The purpose of this article is to examine the suitability rules regarding structured products under Taiwan law from a comparative law perspective. After the global financial crisis, Taiwan has imposed specific suitability obligations on financial institutions when they promote derivatives and structured products. However, the suitability rule is only placed in administrative regulations and its scope is also limited. In addition, Taiwan law does not distinguish different types of relationships between a financial institution and a client. Furthermore, the biggest challenge to the suitability rule is to define the meaning of ‘suitable’. This article argues that the starting point is …


Op-Ed: Banning Protesters An Attack On Democracy, Stephen D'Arcy Apr 2012

Op-Ed: Banning Protesters An Attack On Democracy, Stephen D'Arcy

Stephen D'Arcy

A defence of academic freedom at Western U.


Housing Affordability For Households Of Color In Massachusetts, Michael Stone Mar 2012

Housing Affordability For Households Of Color In Massachusetts, Michael Stone

Michael E. Stone

While housing is deeply significant for all of us, in our society it tends to pose particular challenges to many, if not most, people of color. For one thing, households of color continue to have considerably lower incomes, on average, than White-headed households. This means that households of color can, on average, afford less and therefore have fewer housing choices available, just for economic reasons alone. Yet we are not in a world where differential housing choices are determined only by ability to pay. Residential segregation by race persists and is not merely a consequence of unacceptable practices of the …


2011 Scholars And Artists Bibliography, Mark Tebeau Mar 2012

2011 Scholars And Artists Bibliography, Mark Tebeau

Mark Tebeau

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Mark Tebeau was the guest speaker


Ethical Issues In Open Adoption, Frederic Reamer, Deborah Siegel Mar 2012

Ethical Issues In Open Adoption, Frederic Reamer, Deborah Siegel

Deborah H Siegel

Total secrecy and confidentiality no longer typify adoption in the United States. Today, most adoptions involve an exchange of information or some form of contact between the birth family and adoptive family - so-called open adoptions. This article provides a comprehensive overview of ethical issues associated with various forms of open adoption, including issues of privacy, confidentiality, self-determination, paternalism, conflicts of interest, deception, and truthtelling.We present guidelines for social work practice in open adoptions, based on current ethical theory and ethical standards in social work.


Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia Feb 2012

Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


The History And Rationale For A Separate Bank Resolution Process, Thomas Fitzpatrick, Moira Kearney-Marks, James Thomson Feb 2012

The History And Rationale For A Separate Bank Resolution Process, Thomas Fitzpatrick, Moira Kearney-Marks, James Thomson

James B Thomson

Everyone recognizes the need to have a credible resolution regime in place for fi nancial companies whose failure could harm the entire financial system, but people disagree about which regime is best. The emergence of the parallel banking system has led policymakers to reconsider the dividing line between fi rms that should be resolved in bankruptcy and firms that should be subject to a special resolution regime. A look at the history of insolvency resolution in this country suggests that a blended approach is worth considering. Activities that have potential systemic impact might be best handled administratively, while all other …


The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Luigi Russi, Ugo Mattei Dec 2011

The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Luigi Russi, Ugo Mattei

Luigi Russi

This short paper advances the hypothesis that international law, far from being a purely neutral “indeterminate” technology that can lend itself to both good and bad uses, might actually be structurally biased to produce exploitative outcomes. This hypothesis is presented through several steps. The first part presents Martti Koskenniemi’s indeterminacy thesis, followed by Anthony Anghie’s depiction of international law as a technology. The possibility of an inherent bias of technology, such that it will lend itself to exploitative uses, even with the best of intentions, is then introduced in Section III, using the writing of radical ecological thinkers Ran Prieur …


Are Targeted Killings Unlawful? A Case Study In Empirical Claims Without Empirical Evidence, Greg Mcneal Dec 2011

Are Targeted Killings Unlawful? A Case Study In Empirical Claims Without Empirical Evidence, Greg Mcneal

Greg McNeal

Critics of the U.S. policy of targeted killing by unmanned aerial vehicles (UAVs or drones) generally lack credible information to justify their critiques. In fact, in many circumstances their claims are easily refuted, calling into question the reliability of their criticisms. This chapter highlights some of the most striking examples of inaccurate claims raised by critics of the U.S. policy of drone based targeted killing. Specifically, this chapter offers a much needed corrective to clarify the public record or offer empirical nuance where targeted killing critics offer only unsubstantiated and conclusory statements of fact and law. Section I of this …


A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones Dec 2011

A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones

Madelyn Hsiao-Rei Hicks

No abstract provided.


A Basic Guide To Taxing Economic Rent In Australia, John Passant Dec 2011

A Basic Guide To Taxing Economic Rent In Australia, John Passant

John Passant

Taxing economic rent is one key element in tax reform in Australia and sets possible directions for the future. This paper introduces readers to the ideas of Adam Smith and David Ricardo and others on rent to aid understanding of the debates about economic rent today. The discussion also includes the Petroleum Resource Rent Tax, the Australia’s Future Tax System Report and the Minerals Resource Rent Tax. The thinking of Smith and Ricardo was that rent was unearned gain. It is unearned because it arises as a consequence of the nature of the holding, an exclusive property right against the …


New Approaches To Reducing And Mitigating Harm To Civilians, Greg Mcneal Dec 2011

New Approaches To Reducing And Mitigating Harm To Civilians, Greg Mcneal

Greg McNeal

The wars in Iraq and Afghanistan highlighted the strategic importance of the U.S. commitment to civilian protection. Both wars were eventually fought as a counterinsurgency (COIN) and both revealed how protecting civilians is a central feature of COIN. This chapter examines the importance of civilian casualty mitigation in U.S. counterinsurgency operations, it describes the theoretical and practical lessons learned regarding civilian casualties and situates them in a broader strategic context. The chapter also describes the U.S. military’s newest doctrinal publication aimed specifically at preventing and mitigating harm to civilians. The chapter concludes noting that protecting the population and winning hearts …


Business Law Libguide, Mary Wilson Dec 2011

Business Law Libguide, Mary Wilson

Mary Wilson

This guide provides access to resources useful for business law students.


United States Supreme Court Cases From Georgia, Mary Wilson Dec 2011

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.


Legal Research Libguide, Mary Wilson Dec 2011

Legal Research Libguide, Mary Wilson

Mary Wilson

A library guide to legal research in the Horace W. Sturgis Library.


Human Rights, Revolution, And Reform In The Muslim World, Anthony Chase Dec 2011

Human Rights, Revolution, And Reform In The Muslim World, Anthony Chase

Anthony Chase

The book rejects popular arguments that there is an incompatibility between human rights and the Muslim world and details ways in which human rights have long impacted the Muslim world’s political and social life, with revolutionary potential.