Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (5)
- Law and Economics (4)
- Law and Society (3)
- Legal History (3)
- Anthropology (2)
-
- Computer Sciences (2)
- Constitutional Law (2)
- Databases and Information Systems (2)
- Economics (2)
- Human Rights Law (2)
- Immigration Law (2)
- Intellectual Property Law (2)
- International Law (2)
- Internet Law (2)
- Jurisprudence (2)
- Physical Sciences and Mathematics (2)
- Political Economy (2)
- Property Law and Real Estate (2)
- Psychology (2)
- Rule of Law (2)
- Science and Technology Studies (2)
- Social and Cultural Anthropology (2)
- Sociology (2)
- Theory, Knowledge and Science (2)
- Arts and Humanities (1)
- Business (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Institution
- Keyword
-
- Common pools (2)
- Commons (2)
- Decision-making (2)
- Governance (2)
- Information (2)
-
- Judgment (2)
- Knowledge (2)
- Public goods (2)
- Alcorn v. Mitchell (1)
- Alexander Hamilton (1)
- Armed conflict (1)
- Behavioral economics (1)
- Big Data (1)
- Blackstone (1)
- Bounded rationality (1)
- Citizen science (1)
- Commentaries (1)
- Common law (1)
- Compensation (1)
- Constitution (1)
- Constitutional interpretation (1)
- Consumer protection (1)
- Corrective justice (1)
- Crowdsourcing (1)
- Data-intensive science (1)
- Definition of "being persecuted" (1)
- Directive on Unfair Commercial Practices (1)
- ESC rights (1)
- Economic inequality (1)
- Equal rights (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Gender And Armed Conflict, Christine Chinkin
Gender And Armed Conflict, Christine Chinkin
Book Chapters
The construction of social sex and gender roles means that armed conflict is sexed and gendered. Men still make up the majority of the fighting forces, while women's generally unequal and subordinate social and economic position makes them vulnerable in particular ways during conflict. Women and men, girls and boys all suffer gender-based violence. Such violence is directed at a person because of his or her gender. For instance men sustain specific harms such as disappearances and deliberate killings in greater numbers than women, while women disproportionately experience sexual violence. The detention of Bosnian Muslims at Potocari on 12 July …
Gender And Economic, Social, And Cultural Rights, Christine M. Chinkin
Gender And Economic, Social, And Cultural Rights, Christine M. Chinkin
Book Chapters
At the time of adoption of the International Covenant of Economic, Social and Cultural Rights (ICESCR) in 1966, the concept of gender had not entered the international arena. Relations between women and men in the allocation and enjoyment of rights were addressed through the concept of non-discrimination, inter alia on the basis of sex. The term ‘gender’ began to enter the international agenda in the 1980s, first through the global conferences on women. The World Conference on Human Rights at Vienna in 1993 continued this trend, referring to gender-based violence, gender bias, and gender-disaggregated statistics. It also called for ‘the …
Commons At The Intersection Of Peer Production, Citizen Science, And Big Data: Galaxy Zoo, Michael J. Madison
Commons At The Intersection Of Peer Production, Citizen Science, And Big Data: Galaxy Zoo, Michael J. Madison
Book Chapters
The knowledge commons research framework is applied to a case of commons governance grounded in research in modern astronomy. The case, Galaxy Zoo, is a leading example of at least three different contemporary phenomena. In the first place Galaxy Zoo is a global citizen science project, in which volunteer non-scientists have been recruited to participate in large-scale data analysis via the Internet. In the second place Galaxy Zoo is a highly successful example of peer production, sometimes known colloquially as crowdsourcing, by which data are gathered, supplied, and/or analyzed by very large numbers of anonymous and pseudonymous contributors to an …
Governing Knowledge Commons -- Introduction & Chapter 1, Brett M. Frischmann, Michael J. Madison, Katherine J. Strandburg
Governing Knowledge Commons -- Introduction & Chapter 1, Brett M. Frischmann, Michael J. Madison, Katherine J. Strandburg
Book Chapters
“Knowledge commons” describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom’s Nobel Prize-winning research on natural resource commons. It …
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Book Chapters
If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …
The Roman Republic And The French And American Revolutions, Mortimer N.S. Sellers
The Roman Republic And The French And American Revolutions, Mortimer N.S. Sellers
Book Chapters
No abstract provided.
What Is The Rule Of Law And Why Is It So Important?, Mortimer N.S. Sellers
What Is The Rule Of Law And Why Is It So Important?, Mortimer N.S. Sellers
Book Chapters
This chapter considers the rule of law from within the rule of law tradition, to clarify what the rule of law is, why it is so valuable, and how we can secure it.
The Constitutional Thought Of Alexander Hamilton, Mortimer N.S. Sellers
The Constitutional Thought Of Alexander Hamilton, Mortimer N.S. Sellers
Book Chapters
Alexander Hamilton was one of the strongest minds behind the development of modern constitutionalism, both in theory and in practice. Hamilton shared the constitutional principles of his republican contemporaries in his commitment to bicameral legislatures, elected executives, the separation of powers, checks and balances in government, and representative (rather than direct) democracy. He differed somewhat in his much stronger commitment to federalism, to executive power, and to judges, as the bulwark of constitutional liberty. Hamilton became as "Publius" (with James Madison) in "The Federalist" the foremost advocate and interpreter of constitutional government as it would ultimately be implemented in the …
The Market, The Firm, And Behavioral Antitrust, Avishalom Tor
The Market, The Firm, And Behavioral Antitrust, Avishalom Tor
Book Chapters
This Handbook chapter examines the main distinct concerns facing the application of empirical behavioral evidence to antitrust law and economics—also known as “behavioral antitrust.” More than many (though not all) other legal fields, antitrust law is primarily concerned with the conduct of firms in markets rather than in individual behavior per se. Yet much of the empirical evidence that behavioral antitrust draws on concerns individual behavior outside the firm, often in nonmarket settings. Hence besides adducing additional, direct empirical evidence on behavioral phenomena within firms and markets, there is a need to determine when and how the behavioral evidence on …
The Metacognitive Imperative, Paul D. Callister
Serious Harm, James C. Hathaway
Serious Harm, James C. Hathaway
Book Chapters
Although the requirement to show a well-founded fear of “being persecuted” is at the heart of the refugee definition, the Refugee Convention does not define or elucidate the meaning to be given to this concept. Indeed, it is generally acknowledged that the drafters of the Convention intentionally declined to define “being persecuted” because they recognized the impossibility of enumerating in advance all of the forms of maltreatment that might legitimately entitle persons to benefit from international protection. The need for a flexible approach to “being persecuted” is especially important today given the duty under the 1967 Protocol to apply the …
Some Challenges Facing A Behaviorally-Informed Approach To The Directive On Unfair Commercial Practices, Avishalom Tor
Some Challenges Facing A Behaviorally-Informed Approach To The Directive On Unfair Commercial Practices, Avishalom Tor
Book Chapters
The Directive on Unfair Commercial Practices seeks to protect consumers by prohibiting, inter alia, misleading practices, which are defined as practices that are likely to mislead the average consumer and thereby likely to cause him to take a transactional decision he would not have taken otherwise (Directive 2005/29/ EC of the European Parliament and of the Council). While determinations of what constitutes average consumer behavior, what misleads consumers, or how consumers make transactional decisions all can be made as a matter of law, based on anecdotal observations, intuitions or theoretical assumptions, an empirical behavioral foundation can put consumer law on …
Tort As A Substitute For Revenge, Scott Hershovitz
Tort As A Substitute For Revenge, Scott Hershovitz
Book Chapters
In 1872, the Supreme Court of Illinois decided a case called Alcorn v Mitchell. It was not the first litigation between the parties. Some years earlier, Alcorn had sued Mitchell for trespass. That suit did not go well, and at the close of the trial, just after the court adjourned, Alcorn spit in Mitchell’s face. Mitchell then turned the tables and sued Alcorn for battery. He won a judgment for $1,000, which was a lot of money back then—depending on how you think about the change in value of money over time, the present day equivalent would range from just …
Teaching Legal History Through Legal Skills., Howard Bromberg
Teaching Legal History Through Legal Skills., Howard Bromberg
Book Chapters
I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical skills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without distracting from other approaches, I framed this innovation as teaching legal history not to budding historians but to budding lawyers.