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Full-Text Articles in Law

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore Oct 2019

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …


Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg Sep 2019

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Women And War, Linda A. Malone Sep 2019

Women And War, Linda A. Malone

Linda A. Malone

No abstract provided.


The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone Sep 2019

The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone

Linda A. Malone

No abstract provided.


Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone Sep 2019

Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone

Linda A. Malone

No abstract provided.


The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone Sep 2019

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Linda A. Malone

No abstract provided.


Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone Sep 2019

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.


Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone Sep 2019

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Linda A. Malone

No abstract provided.


Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone Sep 2019

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Linda A. Malone

No abstract provided.


Diplomatic Adjudication, Nancy Amoury Combs Sep 2019

Diplomatic Adjudication, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler Sep 2019

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Lynda L. Butler

No abstract provided.


Don't Write Off The Reagan Social Agenda, Neal Devins Sep 2019

Don't Write Off The Reagan Social Agenda, Neal Devins

Neal E. Devins

No abstract provided.


Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins Sep 2019

Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins

Neal E. Devins

No abstract provided.


A Symbolic Balanced Budget Amendment, Neal Devins Sep 2019

A Symbolic Balanced Budget Amendment, Neal Devins

Neal E. Devins

No abstract provided.


Budget Reform And The Balance Of Powers, Neal Devins Sep 2019

Budget Reform And The Balance Of Powers, Neal Devins

Neal E. Devins

No abstract provided.


Religion In The Public Square, Davison M. Douglas Sep 2019

Religion In The Public Square, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …


Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos Jul 2019

Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos

Anthony Spanakos

Scholars are divided over whether the emancipatory politics promised by new social movements can be attained within civil society or whether seizure of the state apparatus is necessary. The Bolivarian Revolution led by President Hugo Chávez presents a crucial case for examining this question. Chávez’s use of the state apparatus has been fundamental in broadening the concept of citizenship, but this extension of citizenship has occurred alongside the deliberate exclusion of others. This has not only limited its appeal as a citizenship project but created counterpublics that challenge the functioning of the government and its very legitimacy. Analysis of Bolivarianism …


Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston Jun 2019

Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston

Sara Langston


The increasing scope of private actors engaging in the use and exploration of outer space, now and in the future, is proffering a myriad of activities directed towards and conducted in outer space. These include human space transportation, space resource utilization, space tourism, space stations and prospective human settlements, as well as an influx of supporting space-based assets and platforms. Consequently, it is likely that as access to space opens and the number of multi-national/ multi-cultural space actors expands, the interests and concerns for protecting the rights, safety and security of these nongovernmental entities and their agents will become a …


In Pursuit Of Equity: Women, Men, And The Quest For Economic Citizenship In 20th-Century America (Book Review), Catherine L. Fisk May 2019

In Pursuit Of Equity: Women, Men, And The Quest For Economic Citizenship In 20th-Century America (Book Review), Catherine L. Fisk

Catherine Fisk

Book review of Alice Kessler-Harris' In Pursuit of Equity: Women, Men and the Quest for Economic Citizenship in 20th-Century America


The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban Apr 2019

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Owen Jones

Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?

The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …


No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome Apr 2019

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Dermot M Groome

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …


Habeas Corpus In The Age Of Guantánamo, Cary Federman Apr 2019

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …


A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore Mar 2019

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Gabriel Rubin

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …


Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin Mar 2019

Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin

Gabriel Rubin

This article scrutinizes the legislative reactions to the Oklahoma City Bombing and the 2005 London Bombings to try to decipher why counter-terror legislation was substantially blocked after these attacks. It finds that the partisan composition of the government and executive approval ratings are critical to the passage of counter-terror laws. In light of the recent slew of counter-terror legislation passed worldwide, cases, where counter-terror legislation has been blocked, have become critically important. To this end, this article asks, “Why does counter-terror legislation get blocked when it does?” To answer the question, three variables are tested: partisan composition of the government, …


Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion Jan 2019

Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion

Amy C. Gaudion

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …


Are Wide Streets Negligent?, Michael Lewyn Dec 2018

Are Wide Streets Negligent?, Michael Lewyn

Michael E Lewyn

American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.


Planetizen Blog Posts- First Half Of 2019, Michael Lewyn Dec 2018

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Op-ed length articles on various land use-related issues.


Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown Nov 2018

Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown

Erin C. Fuse Brown

No abstract provided.


Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus Sep 2018

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Nell Green Nylen

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …