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2012

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Articles 7591 - 7620 of 17258

Full-Text Articles in Law

The Role Of Ethics In Athletic Participation, Ryan Matthews Apr 2012

The Role Of Ethics In Athletic Participation, Ryan Matthews

UNLV Theses, Dissertations, Professional Papers, and Capstones

Purpose: The purpose of this paper is to determine what role ethics plays in athletic participation and what intrinsic and/or extrinsic factors may influence the decision making process of athletes. Once identified, the information found in this paper can be used to help athletes understand their own thought processes concerning rules adherence and to assist them in making a conscious decision to follow the rules to achieve their goals.

Statement of Problem: The exploration of the literature will reveal the many factors and conditions that an athlete faces that will influence their decision to participate within the confines of the …


The Legalization Of Casino Gambling In Mainland China, Xi Liu Apr 2012

The Legalization Of Casino Gambling In Mainland China, Xi Liu

UNLV Theses, Dissertations, Professional Papers, and Capstones

The study of growth in the international casino gaming is currently fascinating. Local residents do not view casino operations negatively anymore. The great success of the regulation of the gaming industry and the resulting highly profitable returns in areas such as Las Vegas has encouraged jurisdictions to introduce gaming into their local economies. Various studies have been done to assess the potential reasons behind the introduction of the gaming industry into regions that have previously banned it; however, only a handful of research has been done regarding the potential gaming industry in mainland China. Given the huge success observed in …


Strategy At The Negotiation Table: From Stereotypes To Subtleties, Marjorie Corman Aaron Apr 2012

Strategy At The Negotiation Table: From Stereotypes To Subtleties, Marjorie Corman Aaron

Faculty Articles and Other Publications

In mediation, we all know that attorneys negotiate for their clients with the other side and with the mediator, and the mediator negotiates with attorneys and clients on all sides. What role, if any, does gender play?


Cover & Front Matter Apr 2012

Cover & Front Matter

Journal of Strategic Security

No abstract provided.


Ten Years Of Gwot, The Failure Of Democratization And The Fallacy Of “Ungoverned Spaces”, David P. Oakley, Patrick Proctor Apr 2012

Ten Years Of Gwot, The Failure Of Democratization And The Fallacy Of “Ungoverned Spaces”, David P. Oakley, Patrick Proctor

Journal of Strategic Security

October 7, 2011, marked a decade since the United States invaded Afghanistan and initiated the Global War on Terrorism (GWOT). While most ten-year anniversary gifts involve aluminum, tin, or diamonds, the greatest gift U.S. policymakers can present American citizens is a reconsideration of the logic that guides America's counterterrorism strategy. Although the United States has successfully averted large-scale domestic terrorist attacks, its inability to grasp the nature of the enemy has cost it dearly in wasted resources and, more importantly, lost lives. Two of the most consistent and glaring policy flaws revolve around the concepts of filling "ungoverned spaces" and …


Deterring And Dissuading Nuclear Terrorism, John J. Klein Apr 2012

Deterring And Dissuading Nuclear Terrorism, John J. Klein

Journal of Strategic Security

While nuclear deterrence theory may be well-suited to dealing with nuclear-armed states, its suitability for deterring nuclear terrorism has frequently been questioned since 9/11. While terrorist organizations do not necessarily act uniformly or according to the same underlying beliefs, many of the most aggressive organizations are motivated by an ideology that embraces martyrdom and an apocalyptic vision.1 This ideology may be based on religion or a desire to overthrow a government. Consequently, terrorists motivated by ideology who intend to use a stolen or improvised nuclear device against the United States or its interests may not care about the resulting military …


Policy Intervention In Fata: Why Discourse Matters, Nazya Fiaz Dr. Apr 2012

Policy Intervention In Fata: Why Discourse Matters, Nazya Fiaz Dr.

Journal of Strategic Security

Despite years of wide-scale counterterrorism measures in Pakistan's FATA (Federally Administered Tribal Areas), the injection of substantial funds, and the "close" collaboration between the United States and Pakistan, the ugly truth is that the extremism and militancy in FATA continues to recruit members. Moreover, there is little indication that the killing of Usama bin Ladin will have any significant effect on reducing support for militancy. While taking stock of these realities, this article will not seek to rehash the many successes and failures of the counterterrorist operations in FATA. Instead, its purpose will be to argue that while the causes …


A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, Sarah Elizabeth Casella Apr 2012

A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, Sarah Elizabeth Casella

Dissertations

This study examined the effects of task clarification, group feedback, and policy change on incident form completion by police officers. Participants included all sworn officers employed in the Operations Division by the Kalamazoo Department of Public Safety. The task consisted of completing the modus operandi (MO) section of the incident reports for burglary, robbery and aggravated assault. The main dependent variable was the percentage of incident reports with MO form completion. The secondary dependent variable was quality of the MOs completed in the reports; more specifically the completeness of the MO section compared to the narrative and discrepancies between the …


Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard Apr 2012

Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping …


Will An Institutional Repository Hurt My Ssrn Ranking?: Calming The Faculty Fear, Carol A. Watson, James M. Donovan Apr 2012

Will An Institutional Repository Hurt My Ssrn Ranking?: Calming The Faculty Fear, Carol A. Watson, James M. Donovan

Articles, Chapters and Online Publications

Argues that faculty members should not view hits to their works in an institutional repository as a drain on their Social Science Research Network rankings. While SSRN excels at delivering their work to the cadre of legal specialists, IRs typically do a better job of presenting it to a broader readership. This expanded exposure should be judged a positive complementary benefit.


Keeping Kids In Schools: Restorative Justice, Punitive Discipline, And The School To Prison Pipeline, Thalia Gonzalez Mar 2012

Keeping Kids In Schools: Restorative Justice, Punitive Discipline, And The School To Prison Pipeline, Thalia Gonzalez

Thalia Gonzalez

No abstract provided.


Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa D. Mortazavi Mar 2012

Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa D. Mortazavi

Melissa Mortazavi

No abstract provided.


Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner Mar 2012

Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner Mar 2012

The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


Between Catastrophe And Carnival: Creolized Identities, Cityspace, And Life Narratives, Cynthia Dobbs, Daphne Lamothe, Theresa Tensuan Mar 2012

Between Catastrophe And Carnival: Creolized Identities, Cityspace, And Life Narratives, Cynthia Dobbs, Daphne Lamothe, Theresa Tensuan

Cynthia Dobbs

This cluster of "Life Stories from the Creole City" brings together essays that focus on figures negotiating subjectivity within different "creole cities" at specific historical junctures, as these urban spaces become compelling sites for narrating subjectivity in negotiation with forces of globalization, diaspora, and cosmopolitanism. The essays variously illuminate the difficulties and payoffs associated with narrating lives in—and of—porous urban space.


Lessons Of Watergate, Ronald D. Rotunda Mar 2012

Lessons Of Watergate, Ronald D. Rotunda

Ronald D. Rotunda

No abstract provided.


Once Upon A Legal Time-Lawyers As Storytellers, Jalae Ulicki Mar 2012

Once Upon A Legal Time-Lawyers As Storytellers, Jalae Ulicki

Jalae Ulicki

No abstract provided.


A New Look At Duty In Tort Law: Rehabilitating Foreseeability, And Related Themes, Alani Golanski Mar 2012

A New Look At Duty In Tort Law: Rehabilitating Foreseeability, And Related Themes, Alani Golanski

Alani Golanski

This article addresses the subtle yet turbulent “duty wars” currently raging with respect to the conceptual nature of duty in tort law. The scholars have thus far divided principally into three camps, and the courts have increasingly been taking their cue from this scholarship and altering their previously settled notions of the duty element. The main dispute has been over the role of foreseeability in the duty analysis. This article critiques the principal approaches taken in the literature, demonstrating, for example, why the vision of duty articulated in the new Restatement (Third) of Torts and represented by one of the …


Locke Et L'État D'Exception: L'Individu Face À La Majorité, Javier Agudo Mar 2012

Locke Et L'État D'Exception: L'Individu Face À La Majorité, Javier Agudo

Javier Agudo

Le libéralisme défendu par John Locke reconnaît la nécessité d'un pouvoir discrétionnaire de l’exécutif dans le cadre des situations d’exception: c'est la prérogative. Dans son Deuxième Traité sur le Gouvernement Civil, Locke reconnaît que même si les lois peuvent établir certaines limites à l'exercice de cette prérogative, la nature changeante et imprévisible du futur rendent impossible l'élimination totale de ce pouvoir discrétionnaire.


How The Traditional Property Rights Model Informs The Broadcast Television Spectrum Rationalization Challenge, J. Armand Musey Cfa Mar 2012

How The Traditional Property Rights Model Informs The Broadcast Television Spectrum Rationalization Challenge, J. Armand Musey Cfa

J. Armand Musey, CFA

This paper examines the prospective role of zoning rights and eminent domain in the Federal Communication Commission’s (“FCC”) challenge of reallocating underutilized television broadcast spectrum for use in significantly higher value mobile broadband applications. The government must reallocate the spectrum in an economically and legally efficient manner, balancing the interests of the politically powerful broadcasters and those of society as a whole. Recently, the government has decided to explore ways to incentivize the broadcasters to voluntarily return their spectrum licenses. From a strictly legal perspective, the broadcasters have a relatively weak claim to property rights. However, the government has indicated …


Goodyear Dunlop Tires Operations, S.A. V. Brown (And J. Mcintyre Machinery, Ltd. V. Nicastro), William M. Janssen Mar 2012

Goodyear Dunlop Tires Operations, S.A. V. Brown (And J. Mcintyre Machinery, Ltd. V. Nicastro), William M. Janssen

William M. Janssen

This chapter discusses the U.S. Supreme Court's two personal jurisdiction decisions from June 2011, and assesses their impact in drug and device litigation.


The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, Jonathan C. Augustine Mar 2012

The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, Jonathan C. Augustine

Jonathan C. Augustine

In 2011, usage of the term “civil disobedience” resurged in the American lexicon for at least two reasons: (1) there was widespread civil protest in Egypt; and (2) America observed the fiftieth anniversary of the now-celebrated Freedom Rides. Both reasons demonstrate the continued relevance of the twentieth century American Civil Rights Movement (“the Movement”). American media widely covered Egyptian citizens’ nonviolent acts of civil disobedience as Egyptians peacefully protested governmental corruption in demanding free and fair elections. Further, since 2011 marked the golden anniversary of the Freedom Rides in the United States, Americans were reminded of the nonviolent civil disobedience …


America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine Mar 2012

America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine

Jonathan C. Augustine

In Brown v. Board of Education, the Supreme Court placed access to educational opportunities at the heart of the twentieth century Civil Rights Movement. Moreover, in Grutter v. Bollinger, a case decided almost 50-years after Brown, the Court affirmed this time-honored philosophical position. While the concept of education reform is not new, the socioeconomic realities of recent years beg the question of whether the Court’s philosophical position has been compromised by so-called failing public schools. Indeed, from an African-American perspective, education reform has become America’s new civil rights movement. As January 2012 marked the 10-year anniversary of the No Child …


27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon Mar 2012

27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Early deceptive behavior often involves acts of wrongdoings on the part of children. As a result, it has often been assumed, although not tested directly, that children are better at identifying lies about wrongdoing than lies about other activities. We tested this assumption in two studies. In Study 1, 67 3- to 5-year-olds viewed vignettes in which a character truthfully or falsely claimed to have committed a good or bad act. Children were biased to label claims that the character had committed a good act as the truth and claims that the character had committed a bad act as lies. …


Golden Trails: A Roadmap Leading To China’S Internet Industry, Tao Liang Mar 2012

Golden Trails: A Roadmap Leading To China’S Internet Industry, Tao Liang

Tao LIANG

On February 19, 2012, Wal-Mart Stores, Inc. disclosed its additional investment in Yihaodian, a fast-growing electronic commerce website in China, making Walmart’s total ownership stake in Yihaodian to reach approximately 51%. It was Wal-Mart’s second investment for the purpose of controlling Yihaodian, upon its initial investment in Yihaodian in May of 2011. According to Wal-Mart, closing of the transaction would be subject to Chinese government regulatory approval. Obviously, such approval would be the product of merger control review process administered by the Ministry of Commerce of PRC and its local counterparts (collectively, “MOFCOM”).


Farm Workers, Equal Treatment And Insurability: Griego V New Mexico Workers’ Compensation Administration, Mel Cousins Mar 2012

Farm Workers, Equal Treatment And Insurability: Griego V New Mexico Workers’ Compensation Administration, Mel Cousins

Mel Cousins

The US courts have considered a number of cases where a person has argued that his or her exclusion from insurability (either in social security, unemployment insurance or workers compensation) was in breach of the guarantee of equal protection in federal and/or state constitutions. The Social Security Act had originally entirely excluded domestic and agricultural workers. Early cases upholding the constitutionality of the Social Security Act had, inter alia, held that the exclusion of certain classes of worker from the scope of coverage did not render the legislation unconstitutional. However, these cases had not involved claims of racial, economic or …


You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan Mar 2012

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

Donald J. Kochan

With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …


Ten Questions With Beau James Brock, Pamela Labbe Mar 2012

Ten Questions With Beau James Brock, Pamela Labbe

Beau James Brock

Interview of Beau James Brock published in the Baton Rouge Bar Association legal journal, Around the Bar.


Medicines That Kill, Lina Ahmed Abushouk Mar 2012

Medicines That Kill, Lina Ahmed Abushouk

Annual Undergraduate Conference on Health and Society

The prevalence of counterfeit drugs on the African continent has been increasing at an alarming rate. “Medicines that Kill” is a research paper that attempts to analyze the factors that make African countries particularly susceptible to this global threat. Nigeria, a country that has had some of the highest rates of counterfeit drugs in the world, is the main case study for this paper. Its efforts to combat the issue are compared and contrasted with those of Tanzania and Kenya in an attempt to understand what aspects of the issue are unique to Africa and the methods that have been …


Table Of Contents Mar 2012

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.