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

Law Commons

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

PDF

2015

Social

Discipline
Institution
Publication
Publication Type

Articles 1 - 14 of 14

Full-Text Articles in Law

Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman Dec 2015

Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.


“The People Surrender Nothing”: Social Compact Theory, Republicanism, And The Modern Administrative State, Joseph Postell Nov 2015

“The People Surrender Nothing”: Social Compact Theory, Republicanism, And The Modern Administrative State, Joseph Postell

Missouri Law Review

The Article’s argument proceeds in four parts. Part I provides an overview of the scholarly arguments in defense of the nondelegation doctrine. It describes three arguments in favor of the nondelegation doctrine: the separation of powers, political accountability, and constitutional text. Part II argues that social compact theory – not separation of powers, accountability, or constitutional text – is the true foundation of the nondelegation principle. Part III connects the theory of the social compact to the basic principles of republican government, which require that legislative powers are exercised by the representatives of the people chosen through elections. Part IV …


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jun 2015

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum Jan 2015

With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum

Seattle University Law Review

Social entrepreneurship has become the popular term used to describe business forms that aim to produce profits while also seeking to significantly advance one or more social or environmental goals. In response to an increase in social entrepreneurship across sectors—from progressive industries like organic farming to conservative industries such as insurance and banking—several states have adopted new corporate governance structures. Such legislation allows incorporating businesses to choose an off-the-shelf formation type that embeds a social mission into its legal structure. The bulk of the newly implemented statutory forms provide not only a new framework for social entrepreneurs to work within, …


Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga Jan 2015

Social Cognition And Psychopathology: A Critical Overview, Shaun Gallagher, Somogy Varga

Faculty of Law, Humanities and the Arts - Papers (Archive)

The philosophical and interdisciplinary debate about the nature of social cognition, and the processes involved, has important implications for psychiatry. On one account, mindreading depends on making theoretical inferences about another person's mental states based on knowledge of folk psychology, the so-called "theory theory" (TT). On a different account, "simulation theory" (ST), mindreading depends on simulating the other's mental states within one's own mental or motor system. A third approach, "interaction theory" (IT), looks to embodied processes (involving movement, gesture, facial expression, vocal intonation, etc.) and the dynamics of intersubjective interactions (joint attention, joint action, and processes not confined to …


Book Review: John S. Ahlquist And Margaret Levi, In The Interest Of Others: Organizations And Social Activism, Rowan Cahill Jan 2015

Book Review: John S. Ahlquist And Margaret Levi, In The Interest Of Others: Organizations And Social Activism, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

As the poet John Donne famously meditated in 1624, and Ernest Hemingway echoed in 1940, "No man is an island entire of itself; every man is a piece of the continent." John S. Ahlquist and Margaret Levi are interested in this sense of human and social ecology, and investigate it via a comparative study of the memberships, structures, and politics of a target group of American and Australian trade unions.


Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin Jan 2015

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …


Social Networks As Sites Of E-Participation In Local Government, Travis Holland Jan 2015

Social Networks As Sites Of E-Participation In Local Government, Travis Holland

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper proposes that electronic social network sites (SNS) make visible forms of participatory behaviour to which local governments must respond. Groups and individuals – publics – operating in diverse ways for diverse purposes, propagate and respond to communication by local governments via SNS and, in doing so, practice electronic e-participation. In addition to alternate channels of communication, SNS can facilitate alternate forms of participatory behaviour online, but there is little alignment between public perceptions of these emerging practices and local government behaviours in the same space. The publics seeking to engage with local governments on SNS, expect that their …


From Work With Men And Boys To Changes Of Social Norms And Reduction Of Inequities In Gender Relations: A Conceptual Shift In Prevention Of Violence Against Women And Girls, Rachel K. Jewkes, Michael G. Flood, James Lang Jan 2015

From Work With Men And Boys To Changes Of Social Norms And Reduction Of Inequities In Gender Relations: A Conceptual Shift In Prevention Of Violence Against Women And Girls, Rachel K. Jewkes, Michael G. Flood, James Lang

Faculty of Law, Humanities and the Arts - Papers (Archive)

Violence perpetrated by and against men and boys is a major public health problem. Although individual men's use of violence differs, engagement of all men and boys in action to prevent violence against women and girls is essential. We discuss why this engagement approach is theoretically important and how prevention interventions have developed from treating men simply as perpetrators of violence against women and girls or as allies of women in its prevention, to approaches that seek to transform the relations, social norms, and systems that sustain gender inequality and violence. We review evidence of intervention effectiveness in the reduction …


Looking Beyond The Brain: Social Neuroscience Meets Narrative Practice, Daniel D. Hutto, Michael D. Kirchhoff Jan 2015

Looking Beyond The Brain: Social Neuroscience Meets Narrative Practice, Daniel D. Hutto, Michael D. Kirchhoff

Faculty of Law, Humanities and the Arts - Papers (Archive)

Folk psychological practices are arguably the basis for our articulate ability to understand why people act as they do. This paper considers how social neuroscience could contribute to an explanation of the neural basis of folk psychology by understanding its relevant neural firing and wiring as a product of enculturation. Such a view is motivated by the hypothesis that folk psychological competence is established through engagement with narrative practices that form a familiar part of the human niche. Our major aim is to establish that conceiving of social neuroscience in this wider context is a tenable and promising alternative to …


It's Like Going To A Cemetery And Lighting A Candle: Aboriginal Australians, Sorry Business And Social Media, Bronwyn Carlson, Ryan Frazer Jan 2015

It's Like Going To A Cemetery And Lighting A Candle: Aboriginal Australians, Sorry Business And Social Media, Bronwyn Carlson, Ryan Frazer

Faculty of Law, Humanities and the Arts - Papers (Archive)

Death and funeral practices are a constant presence in many Aboriginal Australians’ lives— research in some communities found they are eight times more likely to have attended a funeral in the previous 2 years than non- Aboriginal people. This can be explained by two major factors: inordinately high rates of Aboriginal mortality and cultural practices around death (broadly referred to as Sorry Business). Research in other contexts has found traditions once reserved solely for face- to- face interactions are now also taking place online on social media. This paper draws from interviews conducted with Aboriginal social media users from New …


Homelessness At The Cathedral, Marc L. Roark Jan 2015

Homelessness At The Cathedral, Marc L. Roark

Missouri Law Review

This Article argues that legal restraints against homeless persons are resolved by applying certain nuisance-like approaches. By drawing on nuisance restraints that adopt property-based and social-identity information, courts and decision-makers choose approaches that create conflict between homeless identities and adopted social identities. These approaches tend to relegate the social choice of whether to tolerate homeless persons to one of established social order (property) or broadly conceived notions of liberty (constitutional rights or due process rights). This Article argues for a broader conception of social identity, which may force parties to internalize certain costs of action, tolerate certain uses, or abate …


Table Of Contents Jan 2015

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Frames And Consensus Formation In International Relations: The Case Of Trafficking In Persons, Volha Charnysh, Paulette Lloyd, Beth A. Simmons Jan 2015

Frames And Consensus Formation In International Relations: The Case Of Trafficking In Persons, Volha Charnysh, Paulette Lloyd, Beth A. Simmons

All Faculty Scholarship

This article examines the process of consensus formation by the international community regarding how to confront the problem of trafficking in persons. We analyze the corpus of United Nations General Assembly Third Committee resolutions to show that: (1) consensus around the issue of how to confront trafficking in persons has increased over time; and (2) the formation of this consensus depends upon how the issue is framed. We test our argument by examining the characteristics of resolutions’ sponsors and discursive framing concepts such as crime, human rights, and the strength of enforcement language. We conclude that the consensus-formation process in …