Law Commons^™

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Nancy Levit

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan

Melissa K. Scanlan

No abstract provided.

Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms

Fiona David

ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.

Asean Responses To Trafficking In Persons, Fiona M. David Ms

Fiona David

This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.

Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal

Jenneke Christiaens

No abstract provided.

Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas

Jenneke Christiaens

No abstract provided.

The Marginal Utility Of Consolidated Agency Hearings In Ohio: A Due Process Analysis From An Economic Perspective, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

Implications For The Vietnamaese Textile And Apparel Industry In Light Of Abolishing The Multifiber Arrangement And The Us - Vietnam Bilateral Investment Treaty, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Regularização Fundiária Sustentável Na Vila Acaba Mundo, Rafael De Oliveira Alves, Vívian Barros Martins

Rafael de Oliveira Alves

Na primeira seção apresentamos o Programa Pólos de Cidadania; e, em seguida, o seu Projeto na Vila Acaba Mundo. Na terceira parte, expomos referenciais teóricos e metodológicos da regularização fundiária; e, finalmente, a quarta parte, encarrega-se de apresentar uma proposta pedagógica inovadora para o ensino do direito urbanístico.

Princípios Do Direito À Cidade: Território Da Cidadania, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Construindo O Conceito De Justiça No Território Urbano, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Mutual Recognition And Enforcement Of Arbitral Awards In Mainland China And Taiwan: A Breakthrough In Cross-Strait Relations, Jason A. Blatt

Jason A Blatt

While political relations between China and Taiwan have gone from bad to worse in recent years, the growing importance of economic relations between both sides of the Taiwan Strait has compelled governments on both sides to amend relevant laws and regulations so that courts may recognize and enforce arbitral awards rendered by each other's arbitral organizations. This historic trend started in 1992, when Taiwan passed a statute authorizing courts to recognize and enforce Chinese arbitral awards. China reciprocated in 1998 by issuing regulations permitting recognition and enforcement of Taiwan-issued arbitral awards. Significantly, courts on both sides have recently begun enforcing …

Personal Medical Information: Privacy Or Personal Data Protection? A Theoretical Approach To Understanding The Canadian Environment, Wilhelm Peekhaus

Wilhelm Peekhaus

No abstract provided.

Internet Distribution And The Worldwide Music Industry, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Registracija Svobode Izrazanja®/Trademarking Freedom Of Expression®, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

A Case Of Health Disparity, Donna Zucker

Donna M. Zucker

Although the incidence of hepatitis C virus (HCV) in women is only slightly less than in men, women are poorly represented in research trials. As a result, not much is known about them as a subgroup. The specific aims of this article were to report on the problem, study methods, and findings focusing on HCV-positive women's health beliefs, how they identify and understand their health and illness states, and their explanatory models of illness behavior. A pilot study using three focus groups was conducted with women in the community, in recovery, and incarcerated. Two groups emerged: those with and those …

Freedom Of Expression®: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Integrating Indigenous Cultural Traditions In The Management Of Protected Marine Resources – The Fiordland Example, James Mize

James Mize

Indigenous communities that rely upon natural resources for their cultural practices and livelihood depend on the health of the ecosystem for traditional practices to continue. Yet government efforts to protect ecosystem integrity by “locking up” resources in spatially-explicit management regimes that prohibit resource use risks the disruption of indigenous cultural traditions compatible with sustainability. This tension can be seen in the Te Wāhipounamu / South West New Zealand (Fiordland) area, a designated UNESCO World Heritage Site, subject to increasing pressure from visitors and other non-traditional use. New Zealand statutes governing the management of adjacent marine resources recognize and incorporate Māori …

Roundtable On Academic Publishing, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …

Fair Use And Music Scholarship. Communication And Economy, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Show Trial Or Real Trial? A Digest Of The Evidence Submitted During The Prosecution's Case-In-Chief At The Dujail Trial Of The Iraqi High Tribunal, Greg Mcneal

Greg McNeal

During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances ignored the fact that the Prosecution meticulously built a compelling case against Saddam and his seven co-defendants. This essay provides a detailed précis of the evidence submitted during the Prosecution's case-in-chief. It includes an analysis of the testimony of the three-dozen witnesses, the surprising admissions of defendants Saddam Hussein and Barzan al-Tikriti, and the numerous Exhibits that have been admitted into evidence. …

Making Meaning Of Megan’S Law, Rose Corrigan

Rose Corrigan

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …

Freedom Of Expression Vs. Intellectual Property Rights: Does Copyright Kill Free Speech?, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt

Chris Rahman

No abstract provided.

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle

Josh Eagle

The U.S. Commission on Ocean Policy and the Pew Oceans Commission reports contain a range of suggestions aimed at legislatively or administratively improving current ocean management structures. In this paper, I critique one of the major recommendations common to both reports, that is, the call for “regional ocean governance.” Although each commission’s plan for implementing a regional approach is different, their rationales and design concepts are quite similar: After explaining that present institutions are too narrow in their geographic and substantive scope, the reports go on to advocate for the establishment of larger scale, more “comprehensive” management bodies. I argue …

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.

Unfortunate Legacies: Hearsay, Ex Parte Affidavits And Anonymous Witnesses At The Iht, Greg Mcneal

Greg McNeal

This brief essay was part of a symposium entitled Fairness and Evidence in War Crimes Trials. To mark the commencement of the first international criminal trials taking place at the International Criminal Court in The Hague, this special issue was devoted to the question whether a person facing charges for war crimes or crimes against humanity can receive a fair trial on the evidence. The Editors of ICE asked a number of experts in the field of international criminal law and evidence, including judges, practitioners, and academics, to submit short pieces on this topic. Unfortunate Legacies Details how The Iraqi …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.