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Articles 181 - 210 of 322
Full-Text Articles in Law
America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai
America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai
Robert L Tsai
The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised. America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines …
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
Thomas D. Lyon
Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.
Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.
Donna M. Hughes
For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.
Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo
Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo
Daniel Lyons
The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?" The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime …
Financial Security Scorecard: A State-By-State Analysis Of Economic Pressures Facing Future Retirees, Christian Weller, Nari Rhee, Carolyn Arcand
Financial Security Scorecard: A State-By-State Analysis Of Economic Pressures Facing Future Retirees, Christian Weller, Nari Rhee, Carolyn Arcand
Christian Weller
As Americans increasingly worry about their retirement prospects, states play an important and growing role in retirement security policy. States already manage long-term care programs for the elderly through Medicaid. Concerned about the impact of future elder poverty on state and local budgets and their local economies, a number of states are exploring the creation of low-cost and low-risk retirement savings plans for private sector workers who lack access to pensions or 401(k)s on the job. Some states have developed programs to help older workers find work.
This report presents the Financial Security Scorecard, designed to inform state-level stakeholders and …
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Man YIP
It is trite law that a valid and enforceable contract must be supported by consideration. The recent Court of Appeal case of Rainforest Trading Ltd v State Bank of India Singapore [2012] 2 SLR 713 is a further addition to the local jurisprudence on consideration, specifically the issue of past consideration. This note considers the specific issue of past consideration and argues that its label should be discarded in favour of a more realistic one that correctly emphasises its underlying concerns.
Restitution For Victims Of Fraud: Skandinaviska Enskilda Banken Ab (Publ), Singapore Branch V Asia Pacific Breweries (Singapore) Pte Ltd, Man Yip
Man YIP
The Court of Appeal decision in Scandinaviska Enskilda Banken AB (Publ), Singapore Branch v. Asia Pacific Breweries (Singapore) Pte Ltd raised many issues of law, including those of agency, banking, tort and restitution. This note will focus on the restitutionary issues. The Court of Appeal was put in a tough spot of having to balance the justice between two victims of fraud and this may have resulted in a decision that puts the law of unjust enrichment in a difficult position. In APBS, the Court of Appeal has the unenviable task of going down a difficult path of balancing justice …
Public Accounts Committees In Eastern And Southern Africa. A Comparative Analysis, Riccardo Pelizzo, Abel Kinyondo
Public Accounts Committees In Eastern And Southern Africa. A Comparative Analysis, Riccardo Pelizzo, Abel Kinyondo
riccardo pelizzo
This article provides the first and most comprehensive analysis of Public Accounts Committees (PACs) from Eastern and Southern Africa building on the work of McGee, Jacobs, Stapenhurst, and Staddon. By analyzing an original set of data, this article shows that PACs in these two regions are bigger, have more staff members, and are more likely to be chaired by opposition Members of Parliament than they have in other countries and regions. Furthermore, the data show that Eastern and Southern African PACs are more active than their counterparts elsewhere. However, lack of political will and limits to the range of powers …
Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao
Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao
Lan Cao
No abstract provided.
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
Lan Cao
No abstract provided.
Chinese Privatization: Between Plan And Market, Lan Cao
Towards A New Sensibility For International Economic Development, Lan Cao
Towards A New Sensibility For International Economic Development, Lan Cao
Lan Cao
No abstract provided.
Culture Change, Lan Cao
Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao
Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao
Lan Cao
No abstract provided.
The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee
The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee
Stacey B. Lee
In the past five years, the number of drug shortages in the United States has nearly quintupled. The majority of shortages involve generic sterile injectables used to fight infectious diseases and treat cancer. These complex drugs are produced in a concentrated market consisting of only a few generic manufacturers. Any disruption in their supply can result in shortages that leave patients without access to life-saving drugs which in some cases are the only treatment for their condition. These chronic shortages have been linked to many possible factors including product quality concerns, discontinuation of product lines, changes in supply and demand, …
In Defense Of Surrogacy Agreements: A Modern Contract Law Perspective, Yehezkel Margalit
In Defense Of Surrogacy Agreements: A Modern Contract Law Perspective, Yehezkel Margalit
Hezi Margalit
The American public’s attention was first exposed to the practice of surrogacy in 1988 with the drama and verdict of the Baby M case. Over the last twenty-five years the practice of surrogacy has slowly but surely become increasingly socially accepted and even welcomed. This evolution serves to emphasize the bizarre judicial and legislative silence regarding surrogacy that exists today in the vast majority of U.S. jurisdictions. In this article I describe and trace the dramatic revolution that took place during the recent decades as the surrogacy practice has totally changed from one viewed as problematic and rejected to a …
The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg
The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg
Nima H. Mohebbi
Marijuana legalization and decriminalization has become a hot policy issue. Roughly twenty U.S. states have partially legalized marijuana (generally for medicinal purposes) and two states – Colorado and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market in view of the possible wide-scale legalization of marijuana, states might enjoy a potential budgetary windfalls from marijuana excise taxes. Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting excise taxes on marijuana – namely, …
The Role Of Parliament In Curbing Corruption, Riccardo Pelizzo
The Role Of Parliament In Curbing Corruption, Riccardo Pelizzo
riccardo pelizzo
this note discussed the role that parliaments can play in the fight against corruption
U.S. Supreme Court Justices And Public Mood, Isaac Unah
U.S. Supreme Court Justices And Public Mood, Isaac Unah
Isaac Unah
Does public mood influence the decisions of U.S. Supreme Court Justices? Under what conditions might Justices vote against their typical ideological leanings and in favor of public opinion? We employ both quantitative and qualitative methods to address these questions. For the quantitative portion, logistic regression analysis indicates a strong relationship between public mood and Supreme Court Justices’ votes both in the aggregate and for a number of liberal and conservative Justices individually during the 1946 to 2011 Court terms. Justices respond less strongly to public opinion when the Court is highly polarized and when legal issues to be decided are …
Womenpowerconnect Newsletter, Professor Vibhuti Patel
Womenpowerconnect Newsletter, Professor Vibhuti Patel
Professor Vibhuti Patel
Dear Friends, It is once again time to reflect on WomenPowerConnect’s work and achievements over the last three months. WPC has continued to develop and expand its advocacy agenda and targeted concern for women on child marriage supported by Ford Foundation, Women’s land rights and property supported by Oxfam India, and Enhancing access of the Mobile population to HIV & AIDS services’ information & support in collaboration with Care India. The projects in hand are progressing well along with other activities. Many achievements have been made in advocacy and networking while many new highs have to be touched in the …
Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd
Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd
Rodger E. Broome
Policing and the poetics of everyday life. Chicago: University of Illinois Press, 2008. 256 pp. ISBN 978-0-252-03371-1 (cloth). $42.00. Policing and the Poetics of Everyday Life is a hermeneutical-aesthetic analysis within a human scientific approach of modern policing in the United States. It is an important study of police-citizen encounters informed by hermeneutic aesthetic thought and the author’s professional experience as a veteran with a Seattle area police department in Washington, USA.
Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan
Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan
Prakash Kashwan
Nature conservation is often promoted in the name of the greater good of humanity. However, in a large number of cases, nature conservation is associated with increased militarization of resource control (see the select bibliography below). International conservation organizations have responded to such concerns by developing proposals for what they refer to as ‘rights-based approaches to conservation’. Some of the biggest conservation organizations have also come together to form the Conservation Initiative on Human Rights (CIHR), which is a consortium of international conservation NGOs that seek to improve the practice of conservation by promoting integration of human rights in conservation …
The Unintended Consequences Of Safety Regulation, Sherzod Abdukadirov
The Unintended Consequences Of Safety Regulation, Sherzod Abdukadirov
Sherzod Abdukadirov
This study examines how risk trade-offs undermine safety regulations. Safety regulations often come with unintended consequences in that regulations attempting to reduce risk in one area may increase risks elsewhere. The increases in countervailing risks may even exceed the reduction in targeted risks, leading to a policy that does more harm than good. The unintended consequences could be avoided or their impacts minimized through more careful analysis, including formal risk trade-off analysis, consumer testing, and retrospective analysis. Yet agencies face strong incentives against producing better analysis; increased awareness of risk trade-offs would force agencies to make unpalatable and politically sensitive …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
The Paradoxes Of National Self-Determination, Brian Slattery
The Paradoxes Of National Self-Determination, Brian Slattery
Brian Slattery
Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood …
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
The Worst Test Of Truth: The "Marketplace Of Ideas" As Faulty Metaphor, Thomas W. Joo
The Worst Test Of Truth: The "Marketplace Of Ideas" As Faulty Metaphor, Thomas W. Joo
Thomas W Joo
In his famous dissent in Abrams v. United States, Justice Holmes proclaimed that “the best test of truth is the power of the thought to get itself accepted in the competition of the market.” This Article critiques the basic argument against speech regulation that has developed from the “marketplace of ideas” metaphor: that speech should be “free” because markets are “free,” and because free markets produce “truth.” These assertions about markets are taken for granted, but they portray markets and market regulation inaccurately; thus economic markets provide a poor analogy for the deregulation of speech.
First Amendment jurisprudence invokes the …
Shelter Poverty: Housing Affordability Among Asian Americans, Michael E. Stone
Shelter Poverty: Housing Affordability Among Asian Americans, Michael E. Stone
Michael E. Stone
Relatively little research has been conducted that focuses on the housing situation of Asian and Pacific Islander Americans (hereafter generally referred to as Asian Americans), especially on the national level. From a review of about 30 articles and reports over the past decade that examine racial/ethnic housing situations nationally, only one specifically addressed housing problems of Asian Americans (Hansen, 1986) while two others included Asian Americans along with other populations of color. Of the remaining articles, most used the terms race, racial discrimination, or segregation in their titles, yet did not include Asian Americans in the studies. Of particular note, …
Shelter Poverty In Boston: Problem And Program, Michael E. Stone
Shelter Poverty In Boston: Problem And Program, Michael E. Stone
Michael E. Stone
This paper argues, first, that most housing problems—in Boston and throughout the nation—are ultimately the result of the squeeze between inadequate incomes, on the one hand, and the cost of profitably providing housing on the other. It is also argued that housing cost and incomes together are the most decisive determinants of the overall quality of life of families and communities. Third, it is contended that the long history of inadequate attempts to cope with the affordabiiity problem have not only failed to solve the problem, but have indeed contributed significantly to the broader and serious problems of the overall …
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy
Tim Sieber
The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …