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

Law Commons

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

Series

Social and Behavioral Sciences

2007

Institution
Keyword
Publication
File Type

Articles 1 - 30 of 289

Full-Text Articles in Law

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese Dec 2007

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese

Faculty Scholarship at Penn Law

In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues ...


Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer Dec 2007

Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer

Faculty Scholarship at Penn Law

In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned ...


Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula Dec 2007

Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula

Library Staff Publications

No abstract provided.


An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball Dec 2007

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area ...


Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller Dec 2007

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.


Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan Dec 2007

Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan

Research Collection School Of Law

The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim ...


The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman Dec 2007

The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman

Faculty Scholarship at Penn Law

The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique ...


Paying To Save: Tax Withholding And Asset Allocation Among Low- And Moderate-Income Taxpayers, Michael S. Barr, Jane Dokko Nov 2007

Paying To Save: Tax Withholding And Asset Allocation Among Low- And Moderate-Income Taxpayers, Michael S. Barr, Jane Dokko

Law & Economics Working Papers Archive: 2003-2009

We analyze the phenomenon that low- and moderate-income (LMI) tax filers exhibit a “preference for over-withholding” their taxes, a measure we derive from a unique set of questions administered in a dataset of 1,003 households, which we collected through the Survey Research Center at the University of Michigan. We argue that the relationship between their withholding preference and portfolio allocation across liquid and illiquid assets is consistent with models with present-biased preferences, and that individuals exhibit self-control problems when making their consumption and saving decisions. Our results support a model in which individuals use commitment devices to constrain their ...


Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews Nov 2007

Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews

Criminal Justice Faculty Research

This presentation presents initial results of an evaluation of citizen and officer perceptions of policing in Ghana. The Ghana Police Service (GPS) is attempting to transition from a para-militaristic philosophy to a more community-centered approach, developing a domestic violence unit in the past decade and, more recently, a community policing unit. Community policing philosophies, however, face unique challenges in Ghanaian society, such as a deep-rooted (and historically well-founded) mistrust of the police, and a culture with a well-established and trusted “traditional” system wherein matters are settled within communities and impacted by religion, spirituality, and mysticism. This project used official reported ...


Top 10 Stories You Probably Missed: Respect Brings Out The Best In Kids And Parents, Douglas E. Abrams Nov 2007

Top 10 Stories You Probably Missed: Respect Brings Out The Best In Kids And Parents, Douglas E. Abrams

Faculty Publications

No abstract provided.


Lawyers And Great Expectations In Pakistan, Shubhankar Dam Nov 2007

Lawyers And Great Expectations In Pakistan, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


2007 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Joanne E. Goodell Ph.D. Nov 2007

2007 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Joanne E. Goodell Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Joanne Goodell was the guest speaker.


The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede Nov 2007

The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede

Center for Social Policy Publications

Housing First is a housing and support services program that attempts to move the most disabled homeless people directly to housing prior to treatment, using housing as the transforming element to support participation in treatment. This approach does not require sobriety or participation in long-term treatment programs unlike the traditional continuum of care approach. Promising results have been demonstrated in a number of projects using this model (Tsemberis & Eisenberg, 2000).

For the past ten years, Father Bill’s Place (FBP), a homeless shelter and housing program in Quincy, Massachusetts, has moved steadily towards providing permanent housing with supportive services, rather ...


The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles Nov 2007

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen Nov 2007

Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen

Scholarly Works

The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggest that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances, have all also put pressure on the reified role of "treaty" in identifying rules ...


Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda Oct 2007

Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda

Working Paper Series

The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from ...


Split Estates: A New Equilibrium Between Surface And Mineral Owners, Bruce Kramer Oct 2007

Split Estates: A New Equilibrium Between Surface And Mineral Owners, Bruce Kramer

Schultz Lectureship Series: Energy Innovation

The inaugural speaker was Bruce Kramer, who spoke on “Split Estates: A New Equilibrium between Surface and Mineral Owners.” Kramer was formerly the Maddox Professor of Law at Texas Tech University School of Law and is a co-author of a four-volume treatise titled The Law of Pooling and Unitization and a casebook titled Cases and Materials on Oil and Gas Law. He is a trustee of the Rocky Mountain Mineral Law Foundation and the Energy and Mineral Law Foundation and chair of the Advisory Board of the Institute of Local Government of the Center of American and International Law.


Giving Voice To The Religious, Seow Hon Tan Oct 2007

Giving Voice To The Religious, Seow Hon Tan

Research Collection School Of Law

The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be ...


Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007 Oct 2007

Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007

Saffy Collection - All Textual Materials

Banquet held on Friday, October 19th, 2007.


Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen Oct 2007

Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen

Faculty Scholarship at Penn Law

“Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,” Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western world has made curiosities of an occasional “Elephant Man,” “Wild Boy,” or pair of enterprising “Siamese Twins.” People now reveal their illnesses and medical procedures in conversation, at work and on the internet. This paper explores the reasons why, despite the celebrity of disease and a new openness about health problems, privacy and confidentiality are still values in medicine.


Book Information And Talk At Ritz Theatre And Lavilla Museum Oct 2007

Book Information And Talk At Ritz Theatre And Lavilla Museum

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A talk with Rodney Hurst about his new book "It was Never about a Hot dog and a Coke"


Will Marriage Promotion Work?, Vivian E. Hamilton Oct 2007

Will Marriage Promotion Work?, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr. Oct 2007

Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.

Faculty Scholarship at Penn Law

Current odious debt doctrine– using the term “doctrine” loosely, since it has never formally been adopted by a court or international decision maker– dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. Sack suggested that debt obligations are odious and therefore unenforceable if 1) they were incurred without the consent of the populace; 2) they did not benefit the populace; and 3) the lender knew or should have known about the absence of consent and benefit. The tripartite Sack definition, which quickly became the foundation of odious debt analysis, contemplates a debt-by-debt approach to questionable ...


State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker Oct 2007

State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker

Sociology, Anthropology, and Social Work Faculty Publications

While criminologists have for some time examined state and corporate crime as separate entities, the concept of state-corporate crime highlighting joint government and private corporate action causing criminal harm is a recent area of study with relatively few published case studies (Matthews and Kauzlarich, 2000). This paper focuses on state-corporate crime at the Paducah Gaseous Diffusion Plant (PGDP) in Paducah, Kentucky, and contributes to the study of state-corporate crime in three ways: (1) it adds a new case study to a field in which there are few published accounts, (2) it assesses the utility of Kauzlarich and Kramer’s (1998 ...


The Collective Right Of Indigenous Peoples To Self-Determination In Accordance With The United Nations Declaration On The Rights Of Indigenous Peoples, Lena-Katharina Skandera Oct 2007

The Collective Right Of Indigenous Peoples To Self-Determination In Accordance With The United Nations Declaration On The Rights Of Indigenous Peoples, Lena-Katharina Skandera

Independent Study Project (ISP) Collection

The Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on 13 September 2007, after more than twenty years of negotiations between states, indigenous representatives, lawyers, and academics. Although the resulting document is controversial and complex in its treatment of several important issues, its ambiguous characterization of the collective legal right of indigenous peoples to self-determination has been chosen as the focus of this work because it is the primary right from which all other rights, and problems, are derived. The work commences with a critique of the position held by certain states that the categorization ...


Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center Oct 2007

Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder) Oct 2007

Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)

EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)

No abstract provided.


Rita V. United States Leaves More Open Than It Answers, Stephanos Bibas Oct 2007

Rita V. United States Leaves More Open Than It Answers, Stephanos Bibas

Faculty Scholarship at Penn Law

This essay surveys the sentencing issues left open by Rita v. United States and considers how the presumption of reasonableness is likely to operate in practice and how rebutable it is, the roles of safe harbors and individual judges' policy disagreements, and the importance of Justices Stevens and Ginsburg as the swing Justices in this area. This line of cases has drifted far from its roots in a Sixth Amendment concern for juries. Though the resulting sentencing policies may be substantively desirable, the Court cannot articulate how they are rooted in the Sixth Amendment's concern for juries.


The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon Oct 2007

The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon

Faculty Scholarship at Penn Law

One of the most challenging problems in legal scholarship is the measurement of attorney ability. Measuring attorney ability presents inherent challenges because the nonrandom pairing of attorney and client in most cases makes it difficult, if not impossible, to distinguish between attorney ability and case selection. Las Vegas felony case data, provided by the Clark County Office of the Public Defender in Nevada, offer a unique opportunity to compare attorney performance. The office assigns its incoming felony cases randomly among its pool of attorneys, thereby creating a natural experiment free from selection bias. We find substantial heterogeneity in attorney performance ...


Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins Oct 2007

Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins

Law Faculty Articles and Essays

In the fall of 2005, two librarians, a legal research and writing program director, and an instructional technologist at Wayne State University received a grant to create online tutorials introducing novices to the basics of legal research. Tutorials were planned on subjects that the library and the legal research and writing program had traditionally covered jointly via library workshops, coordinated with classroom instruction for first-year law students. Since the mission of the law library is to support campus-wide activity and to assist members of the general public with legal research needs, the content of the tutorials was designed to serve ...