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

Law Commons™

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

Social and Behavioral Sciences

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 841 - 870 of 29812

Full-Text Articles in Law

Volume 8, Issue 2 Title Page Nov 2025

Volume 8, Issue 2 Title Page

SAIPAR Case Review

No abstract provided.


Volume 8, Issue 2 Table Of Contents Nov 2025

Volume 8, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.


Editorial Board Nov 2025

Editorial Board

SAIPAR Case Review

No abstract provided.


Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape Nov 2025

Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape

SAIPAR Case Review

The High Court of Zambia upheld a school's refusal to admit a Rastafari child with dreadlocks. The author argues that the Court erred by failing to consider regional jurisprudence, international human rights trends, and the historical context of discrimination against natural African hair. The piece contends that requiring Rastafari children to cut their dreadlocks to access public education effectively denies them their rights to education, freedom of religion, and protection from discrimination.


Presidentialism In Post-Conflict Kachin Constitution: Political Imagination, Institutional Realities, And Executive Design, Dashi Blessing Seng Htoi Lu Nov 2025

Presidentialism In Post-Conflict Kachin Constitution: Political Imagination, Institutional Realities, And Executive Design, Dashi Blessing Seng Htoi Lu

Maurer Theses and Dissertations

This thesis examines the relationship between cultural identity, political imagination, and constitutional design in the Kachin context, focusing on the strong preference for presidentialism among political thinkers and interim constitution drafters. Rooted in traditions of armed resistance, charismatic leadership, and the desire for visible sovereignty, presidentialism is widely viewed as the most viable executive model for a post-conflict Kachin future. Yet this preference is often shaped more by symbolic ideals than by a clear understanding of the structural demands of democratic governance.

At the heart of this vision lies the expectation of a strong president: directly elected, culturally rooted, and …


Wreck Removal : Assessing Nigeria’S Compliance With The Nairobi Wreck Removal Convention 2007, Richard Oritsejomayo Iyinbo Nov 2025

Wreck Removal : Assessing Nigeria’S Compliance With The Nairobi Wreck Removal Convention 2007, Richard Oritsejomayo Iyinbo

World Maritime University Dissertations

No abstract provided.


The Progression Of Deinstitutionalization And Its Effects On The American South: A Judicial Analysis Of 20th-Century United States Supreme Court Decisions, Eva-Marie V. Jones Nov 2025

The Progression Of Deinstitutionalization And Its Effects On The American South: A Judicial Analysis Of 20th-Century United States Supreme Court Decisions, Eva-Marie V. Jones

Honors College Theses

This thesis explores the effects of four landmark Supreme Court cases on the deinstitutionalization movement in the American south. Previous literature frequently discusses the legislative implications of this era; however, no law is applicable without the interpretation and application of the judiciary, which so often contextualizes the greater public perspective. Rarely has an analysis of judicial decisions involving psychiatric care merged with regional focus, and certainly not in a format accessible to the average individual.

From unmarked graves to abandoned infrastructure, the legacy of historic psychiatric care in the United States has been largely obscured – yet its consequences continue …


Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili Nov 2025

Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili

SAIPAR Case Review

Transformative constitutionalism requires Courts to adjudicate in a manner that advances substantive justice, protects rights, and ensures that all exercises of public power are justified in constitutional terms. In Brenda Mpashi, the Constitutional Court adopted a formalistic interpretive approach that prioritised administrative finality over constitutional accountability. By accepting Regulation 10A as an effective ouster clause, the Court insulated presidential action from judicial scrutiny and weakened the culture of justification, which is a fundamental principle in a constitutional democracy.

A more transformative approach would have scrutinised the constitutionality of the ouster clause, assessed its compatibility with Article 18(9) and the principle …


Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge Nov 2025

Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge

SAIPAR Case Review

The abstract below was generated using artificial intelligence. It has not been endorsed by the author.

This article analyzes Yellow Card (T) Ltd v. Nyamwero Michael Nyamwero (HC Commercial Case No. 12171 of 2024), a landmark Tanzanian case addressing the legal status of cryptocurrency transactions in a jurisdiction lacking a formal regulatory framework. The dispute arose from the alleged misappropriation of funds by a former company director and his subsequent breach of a settlement agreement requiring repayment. The court held in favor of the plaintiff, concluding that although cryptocurrency activities remain unregulated in Tanzania, they are not inherently illegal. Accordingly, …


Editorial Note, O'Brien Kaaba, Emmanuel Nyambe Nov 2025

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.


Precarity At Sea : Legal Challenges And Protection Of Maritime Workers, Wenjuan Li Nov 2025

Precarity At Sea : Legal Challenges And Protection Of Maritime Workers, Wenjuan Li

World Maritime University Dissertations

No abstract provided.


An Assessment Of Seafarer Social Security In Nigeria On The Implementation Of Mlc, 2006 Convention, Eshidenang Francis Owan Nov 2025

An Assessment Of Seafarer Social Security In Nigeria On The Implementation Of Mlc, 2006 Convention, Eshidenang Francis Owan

World Maritime University Dissertations

No abstract provided.


Analysis Of Isps Code And Its Implementation In The Gambia : Case Study At The Port Of Banjul, Nfamara B.M. Jarju Nov 2025

Analysis Of Isps Code And Its Implementation In The Gambia : Case Study At The Port Of Banjul, Nfamara B.M. Jarju

World Maritime University Dissertations

No abstract provided.


Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan Nov 2025

Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Assoc. Prof. (Dr.) Tan Seow Hon delivered the keynote address at Cultivate SG’s second annual conference, “Unfiltered – The Family on Trial”, on 17 November 2025. In her speech titled “Singapore Awakened: How Success – and the Alternative of Flourishing – Shape Family”, Dr Tan reflects on the “Singapore Dream”, the narrow mindset of success in contrast with the concept of flourishing, and how these impact marriage and family. She concludes by offering some thoughts on how to move from success to flourishing.


From Great “Liberator” To “Landlord Seeking Rent”: The Implications Of U.S. Reciprocal Tariffs Policy In Asia And Beyond, Henry S. Gao Nov 2025

From Great “Liberator” To “Landlord Seeking Rent”: The Implications Of U.S. Reciprocal Tariffs Policy In Asia And Beyond, Henry S. Gao

Research Collection Yong Pung How School Of Law

The post-war international economic order was, to a large extent, underwritten by U.S. leadership. Nowhere was this more visible than in Asia, where the United States not only financed post-colonial development but also provided open access to its huge market, laying the foundation for export-led growth across the region. It underpinned regional stability through a blend of military, diplomatic, and economic engagement, including costly interventions in the Korean and Vietnam wars. That legacy, however, was fundamentally disrupted on April 2, 2025, when the Trump administration unveiled sweeping tariffs targeting key Asian economies. As Singapore’s defense minister wryly observed, the United …


A New View Of Formal Equality And A Case For Predistribution, Alex Raskolnikov Nov 2025

A New View Of Formal Equality And A Case For Predistribution, Alex Raskolnikov

Faculty Scholarship

A long-held egalitarian view is that formal equality — the absence of formal legal distinctions based on the material resources of individuals — is regressive. If legal rules are the same for the rich and the poor, the rich benefit and the poor suffer. This Essay argues that this view is mistaken. Far from being synonymous with laissez-faire, a commitment to formal equality provides a counterweight to the key neoliberal maxim that regulation of the market economy should focus on efficiency alone. Moreover, a new view of formal equality offered here reveals a key advantage of predistribution over redistribution: Explicit …


Reforming Abolition, Daniel Fryer Nov 2025

Reforming Abolition, Daniel Fryer

Michigan Law Review

Abolition is an elusive concept, which allows people with various political views to identify with the idea. This Article unpacks some of the conceptual features that lead to its elusiveness. This imprecision has empowered some to point out the diverse—if not inconsistent—positions that self-identified abolitionists take when articulating the contemporary abolition movement’s demands. The question then becomes whether the movement could protect itself from being a rootless position with insufficient tools to guide change. I suggest that it can. Rather than getting caught up in debates about abolition’s ends, I propose that more attention be paid to abolition’s grounds. By …


Administering Money: Coinage, Debt Crises, And The Future Of Fiscal Policy, Rohan Grey Oct 2025

Administering Money: Coinage, Debt Crises, And The Future Of Fiscal Policy, Rohan Grey

Kentucky Law Journal

No abstract provided.


How Fair Workweek Laws Affect Labor Markets: A New York City Case Study, Joseph Pickens, Aaron Sojourner Oct 2025

How Fair Workweek Laws Affect Labor Markets: A New York City Case Study, Joseph Pickens, Aaron Sojourner

Employment Research Newsletter

No abstract provided.


The Key To Acquiring The Language Of Law, Science, And Technology In The Esl College Classroom, Patricia George-Hunter Oct 2025

The Key To Acquiring The Language Of Law, Science, And Technology In The Esl College Classroom, Patricia George-Hunter

Journal of English Learner Education

Since vocabulary plays a significant role in second language acquisition, expansive vocabulary targets should be set and pursued. This paper explores the results of introducing affixes to develop vocabulary and increase motivation for beginner to intermediate-level English language learners (ELLs) pursuing academic disciplines in law, science, and technology at a New York City community college. Participants included 23 ELLs with diverse linguistic, educational, and sociocultural backgrounds enrolled in an online synchronous Integrative Language Seminar (ILS) designed to develop all areas of English language proficiency. Pre‑, post‑, delayed tests, questionnaires, and post‑intervention interviews were conducted and analyzed to establish the language …


Rightsizing Regulations To Foster Innovation And A Healthy Business Environment: Insights From Elite Executives, Brian Charles Mulligan, Nelson Granados Oct 2025

Rightsizing Regulations To Foster Innovation And A Healthy Business Environment: Insights From Elite Executives, Brian Charles Mulligan, Nelson Granados

Engaged Management ReView

This study examines insights from business executives on how TRAILS—that is, taxes, regulations, assessments, interventions, litigation, and subsidies—influence entrepreneurial behavior and firm performance. Using an applied constructivist grounded theory design, we conducted 17 in-depth interviews to identify how top business executives view the effects of regulations on business performance. We adopt the premise that the right level and set of regulations lead to a healthier business environment. We find that right-sized TRAILS catalyze entrepreneurial dynamism, whereas wrong-sized TRAILS impose hidden opportunity costs, stifle innovation, and erode institutional trust. Crucially, the study reveals the vital role of the government as …


State-Specific Secondary Sources, Joshua Levine Oct 2025

State-Specific Secondary Sources, Joshua Levine

Library Staff Online Writings

As legal research instructors, we regularly teach students that it’s a good idea to start their research with secondary sources. If the research issue falls under the law of a specific state, it’s especially helpful to consult a secondary source that discusses that law of that state. However, you might not find relevant state-specific secondary sources – they simply might not be available – and that poses a special set of challenges.


Migration And U.S. Labor Market Effects Of The Mexican Drug War, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina Oct 2025

Migration And U.S. Labor Market Effects Of The Mexican Drug War, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina

Upjohn Institute Working Papers

We estimate the effect of the Mexican drug war on Mexico-to-U.S. migration and the resulting effects on population, employment, and wages in U.S. labor markets. Our empirical strategy compares U.S. counties differentially connected to Mexican municipalities through historical migration networks, using drug violence triggered by close municipal elections in 2007–2008 as a source of exogenous variation. Over the following decade, migrants fleeing the violence—the vast majority of whom are undocumented—cause native-born U.S. workers’ employment rates to increase and unemployment rates to fall, while wages do not change. Employment gains are largest for natives without a college degree. Employment effects fade …


14th International Conference On Business, Technology And Innovation 2025, University For Business And Technology - Ubt Oct 2025

14th International Conference On Business, Technology And Innovation 2025, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2025

UBT Annual International Conference is the 14th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …


Games Played In The Off-Season: A Teaching Case Study On Major League Baseball Arbitration And Game Theory, Rebekah Ansbro Oct 2025

Games Played In The Off-Season: A Teaching Case Study On Major League Baseball Arbitration And Game Theory, Rebekah Ansbro

The COSMA Journal

Each January and February, professional baseball players with three to six years of Major League service time endure a process exclusive to Major League Baseball (MLB): arbitration. Though arbitration itself is not an unfamiliar form of dispute resolution, the structure MLB employs in contract arbitration is unlike any other industry, as it incorporates an all-or-nothing result that does not allow arbitrators to “split the pie” between parties. Because of this, teams and players are not only responsible for preparation of their own arguments and filed salary, but also for anticipation of their opponent’s filed salary. The hurdle of needing to …


Just Cause Protection Under Manager Discrimination, Joseph Pickens, Aaron Sojourner Oct 2025

Just Cause Protection Under Manager Discrimination, Joseph Pickens, Aaron Sojourner

Upjohn Institute Working Papers

“Just cause” policies aim to discourage the arbitrary firing of employees. Recent efforts at passing such laws in the U.S. have been motivated by deterring discrimination. This paper presents a framework to study the effects of just cause when managers engage in taste-based discrimination. The framework generates predictions on whether just cause will ease achievement and retention of stable employment by exploiting the timing of separations around a probationary period. Since probationary periods are a typical feature of protections, the approach is generalizable. We test predictions using New York City’s 2021 just cause law for fast-food employees. Using a synthetic …


Nyc’S “Just Cause” Law Aims To Make It Harder To Fire Fast Food Workers. Does It?, Joseph Pickens, Aaron Sojourner Oct 2025

Nyc’S “Just Cause” Law Aims To Make It Harder To Fire Fast Food Workers. Does It?, Joseph Pickens, Aaron Sojourner

Upjohn Institute Policy and Research Briefs

No abstract provided.


More Than Words: Using Land Use Rules To Fight Climate Destruction, Edward Sullivan Oct 2025

More Than Words: Using Land Use Rules To Fight Climate Destruction, Edward Sullivan

Journal of Comparative Urban Law and Policy

It is now unlikely that meaningful federal legislation on climate destruction will be advanced in a second Trump administration. If “no action” is the alternative for the federal government, it will be up to the states to develop measures to counteract this challenge. These measures — in response to a trend in Supreme Court rulings that restrict or deny federal environmental action without explicit congressional approval – could include, among other things, new air and water quality standards, fishing restrictions, and changes to water allocations in our rivers. Yet these potential changes may be themselves limited by federal actions that …


Adjudicating Atrocity: Reading Hitesh Verma V State Of Uttarakhand As A "Landmark" Case In The Judicial Discourse On Caste Violence, Tejaswi Chhatwal Oct 2025

Adjudicating Atrocity: Reading Hitesh Verma V State Of Uttarakhand As A "Landmark" Case In The Judicial Discourse On Caste Violence, Tejaswi Chhatwal

Socio-Legal Review

This article critically examines the Supreme Court’s judgment in Hitesh Verma v State of Uttarakhand (2020) and argues for reading it as a “landmark trial” in the judicial undoing of reform—namely, the statutory changes introduced by the 2016 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Existing socio-legal scholarship on atrocity jurisprudence has shown that the judicial understanding of caste violence and doctrinally instituted evidentiary standards have historically operated to invisibilise caste from crime’s framework. As a result, most instances of caste-based discrimination and violence have not been named as offences of “atrocity” under the …


Police Officers’ Perception Of The Anti-Police Movement And How That Affects Officer Retention In Minnesota, Kimberly Wood Oct 2025

Police Officers’ Perception Of The Anti-Police Movement And How That Affects Officer Retention In Minnesota, Kimberly Wood

Doctoral Dissertations and Projects

The research aims to investigate the perceived mass exodus of police officer departures alongside police officer retention rates throughout Minnesota. The study investigates whether high-profile police officer prosecutions together with national news incidents directly cause police officers to leave their jobs along with the Ferguson Effect taking place. The profession of policing has become more challenging and dangerous for its practitioners. The combination of recruitment challenges and increased assaults on police officers without punishment for perpetrators and elevated arrest resistance from suspects has led to the perceived mass exodus of police officers. The number of officer shootings and assaults combined …