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Articles 1 - 30 of 124
Full-Text Articles in Law
The Role Of Religious Values In Politics, Darrin P. Dixon
The Role Of Religious Values In Politics, Darrin P. Dixon
Darrin P Dixon
No abstract provided.
The Company-Intelligence Interface: Government Policy, Corporate Expectations, Competing Futures, Mikhail Koulikov
The Company-Intelligence Interface: Government Policy, Corporate Expectations, Competing Futures, Mikhail Koulikov
Mikhail Koulikov
No abstract provided.
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.
Can Our Community “Afford” This Bond Issue For Our School? Proposed Factors For Determining Affordability Of School Building Projects, Jeff Abbott
Jeff Abbott
This paper explores the literature of whether a community can afford a public school bond issue. This paper sets forth recommended criteria to determine community affordability of local bond issues.
The Anthropologist As Progressive Reformer: Franz Boaz And The Scientific Battle Against American Racism, Thomas J. Horton
The Anthropologist As Progressive Reformer: Franz Boaz And The Scientific Battle Against American Racism, Thomas J. Horton
Thomas J. Horton
This thesis discusses Franz Ur Boas's legacy as an anthropologist and progressive social reformer in battling racism in early twentieth-century America. The hypothesis affirms that Boas, " the father of American anthropology," developed the science of anthropology with the progressive goal of building scientific support for the cultural values of equal opportunity and cultural pluralism.
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein
Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein
Michael J. Kelly
This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems employed …
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Kim Forde-Mazrui
Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …
The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson
The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson
Mitchell J Nathanson
Too often, the Philadelphia sports fan has been dismissed as a lout, a boorish dolt immune to reason, his vocabulary whittled down to a singular “boo.” This is particularly true when it comes to Phillies fans, who are more likely to turn on their team than any other in the city. Although the Eagles, Sixers and Flyers may hear it from the rafters when they’re not going well, only the Phils will hear it when they are. The strained relationship between the city and the Phillies, however, has deep historical and sociological roots; roots that directly correlate with the city’s …
Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone
Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone
Paolo Santella
No abstract provided.
Steekpartij Voor De Spiegel, Jenneke Christiaens
Steekpartij Voor De Spiegel, Jenneke Christiaens
Jenneke Christiaens
No abstract provided.
Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone
Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone
Carlo Drago
No abstract provided.
Law's Autonomy, Ashok Agrwaal
Law's Autonomy, Ashok Agrwaal
Ashok Agrwaal
Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …
Naked Exclusion, Efficient Breach, And Downstream Competition, John Simpson, Abraham L. Wickelgren
Naked Exclusion, Efficient Breach, And Downstream Competition, John Simpson, Abraham L. Wickelgren
Abraham L. Wickelgren
Previous papers by Eric B. Rasmusen et. al. (1991) and Ilya R. Segal and Michael D. Whinston (2000) argue that exclusive contracts can inefficiently deter entry in the presence of scale economies and multiple buyers. We first show that these results no longer hold when buyers are final consumers who can breach these contracts and pay expectation damages. We then show, however, that exclusive contracts can inefficiently deter entry if buyers are downstream competitors, even in the absence of scale economies and even if breach is possible.
Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad
Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad
Mary Alice Haddad
Japan’s civil society is being transformed as more people volunteer for advocacy and professional nonprofit organizations. In the American context, this trend has been accompanied by a decline in participation in traditional organizations. Does the rise in new types of nonprofit groups herald a decline of traditional volunteering in Japan? This article argues that while changes in civil rights, political opportunity structure, and technology have also taken place in Japan, they have contributed to the rise of new groups without causing traditional organizations to decline, because Japanese attitudes about civic responsibility have continued to support traditional volunteering.
The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen
The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen
Ken Shadlen
This article examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. While most of the literature on IP and health examines the conditions affecting poor countries’ capacities to acquire essential medicines, I show the distinct – and more complicated – political economy of production and supply. IP regulations alter the structure of generic pharmaceutical sectors in the countries capable of supplying essential medicines, and changes in market structure affect actors’ economic and political interests and capacities. These new constellations of interests and capacities have profound implications …
Mainstreaming And Integrating The Substance And Spectacle Of Scholar-Baller: A New Game Plan For The Ncaa, Higher Education And Society, Keith Harrison
Mainstreaming And Integrating The Substance And Spectacle Of Scholar-Baller: A New Game Plan For The Ncaa, Higher Education And Society, Keith Harrison
Dr. C. Keith Harrison
The purpose of this chapter is to theoretically and empirically capture the cultural divide between education and sport and entertainment in American society. The NCAA Academic Reform Movement has evolved from holding individuals accountable to presently monitoring institutions and their retention and graduation success of college student athletes. This movement will require a deeper examination of how culture influences academic attitudes and lifelong learning. Based on empirical data from different methodologies, this chapter proposes that student athletes; especially African American males, are often stereotyped with few strategies to empower their academic and athletic identities. The Scholar-Baller Paradigm is designed to …
Five Myths About Sprawl , Michael E Lewyn
Five Myths About Sprawl , Michael E Lewyn
Michael E Lewyn
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is “a natural result of affluence that occurs in all urbanized societies.” Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …
Bad Science In Search Of “Bad” Patents, Ron D. Katznelson
Bad Science In Search Of “Bad” Patents, Ron D. Katznelson
Ron D. Katznelson
This paper draws attention to fundamental deficiencies in studies that have been relied upon as authoritative sources on patent grant rate comparisons among national patent offices. The two prominent studies analyzed here had employed erroneous methods to compare patent grant rates, resulting in false high indications of such rates at the U.S. patent office compared to foreign patent offices. The three identified categories of analysis errors found in these studies were (i) the misapplication of conditional probability; (ii) miscounting invention applications; and (iii) failure to account for patent obsolescence and application attrition due to the widely differing delays among national …
Indian Capitalism In Directed Economy - Challenges In The Path To Prosperity, Shashi Sharma
Indian Capitalism In Directed Economy - Challenges In The Path To Prosperity, Shashi Sharma
Shashi Sharma
No abstract provided.
Self-Handicapping And Managers' Duty Of Care, David A. Hoffman
Self-Handicapping And Managers' Duty Of Care, David A. Hoffman
David A Hoffman
This symposium essay focuses on the relationship between managers’ duty of care and self-handicapping, or constructing obstacles to performance with the goal of influencing subsequent explanations about outcomes. Conventional explanations for failures of caretaking by managers have focused on motives (greed) and incentives (agency costs). This account of manager behavior has led some modern jurists, concerned about recent corporate scandals, to advocate for stronger deterrent measures to realign manager and shareholder incentives. Self-handicapping theory, by contrast, teaches that bad manager behavior may occur even when incentives are well-aligned. Highly successful individuals in particular come to fear the pressure of replicating …
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
Michael E Lewyn
Shows how zoning law in Jacksonville contributes to automobile dependence.
Faculty And Male Student Athletes In Higher Education: Racial Differences In The Environmental Predictors Of Academic Achievement, Keith Harrison
Faculty And Male Student Athletes In Higher Education: Racial Differences In The Environmental Predictors Of Academic Achievement, Keith Harrison
Dr. C. Keith Harrison
Studies have examined the impact of environmental variables on academic achievement among student athletes in the revenue-generating sports of men’s basketball and football. However, while evidence concerning the positive impact of male student athlete and faculty interaction is virtually unequivocal, we are not certain whether the benefits accruing from particular types of interaction vary across different racial/ethnic groups. This study explores the relationship between male Black and White student athletes and faculty as well as the impact of specific forms of student athlete– faculty interaction on academic achievement. Data are drawn from the Cooperative Institutional Research Program’s 2000 Freshman Survey …
Big Opportunities In Access To “Small Science” Data, Harlan Onsrud, James Campbell
Big Opportunities In Access To “Small Science” Data, Harlan Onsrud, James Campbell
Harlan J Onsrud
A distributed infrastructure that would enable those who wish to do so to contribute their scientific or technical data to a universal digital commons could allow such data to be more readily preserved and accessible among disciplinary domains. Five critical issues that must be addressed in developing an efficient and effective data commons infrastructure are described. We conclude that creation of a distributed infrastructure meeting the critical criteria and deployable throughout the networked university library community is practically achievable.
Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson
Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson
Ron D. Katznelson
This study was initiated in order to provide more factual insight into the recent debates on patent reforms in general and more particularly, the practice of patent continuations in the United States Patent and Trademark Office (“USPTO”). Several important trends that have not been previously quantified are brought to light. A quantitative analysis of various components of the flow of patent applications to the USPTO was carried out and insight into the ever-increasing propensity of patentees to file patent applications is presented. It is shown that with the exception of isolated transients due to patent law changes, the growth trend …
Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann
Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann
Michael D. Mann
No abstract provided.
Chain Reaction: How Property Begets Property, Sabrina Safrin
Chain Reaction: How Property Begets Property, Sabrina Safrin
Sabrina Safrin
Classic theories for the evolution of property rights consider the emergence of private property to be a progressive development reflecting a society's movement to a more efficient property regime. This article argues that instead of this progressive dynamic, a more subtle and damaging chain reaction dynamic can come into play that traditional theories for intellectual and other property rights neither anticipate nor explain. The article suggests that the expansion of intellectual and other property rights have an internally generative dynamic. Drawing upon contemporary case studies, the article argues that property rights evolve in reaction to each other. The creation of …
The Problem With Unpaid Work, Katharine K. Baker
The Problem With Unpaid Work, Katharine K. Baker
Katharine K. Baker
This article examines the problems with a social norm that assumes women should shoulder a disproportionate amount of unpaid family work. It evaluates the most recent empirical data which suggests that women continue to do substantially more unpaid work than men, and men continue to do substantially more paid work than women. It then briefly reviews two standard explanations for where this gendered division of work may come from, biological inclination and/or systems of male dominance. It suggests that neither of these traditional explanations have given adequate consideration to the normative question begged by the extant division of labor. Is …
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer
Timothy Meyer
No abstract provided.
Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone
Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone
Paolo Santella
No abstract provided.