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Articles 1 - 30 of 280
Full-Text Articles in Law
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
All Faculty Scholarship
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 that "the view …
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
All Faculty Scholarship
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 instead …
Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula
Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula
Library Staff Publications
No abstract provided.
Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller
Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller
Inside UNLV
No abstract provided.
An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball
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; and …
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How 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 civil society” in …
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
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
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 consumption. …
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
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
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
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The First Two Years Of Housing First In Quincy, Massachusetts: "This Place Gives Me Peace, Happiness, And Hope", Tatjana Meschede
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
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
Cornell Law Faculty Publications
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.
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.
Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen
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 of international …
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
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 being …
Split Estates: A New Equilibrium Between Surface And Mineral Owners, Bruce Kramer
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
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How 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
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
Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen
All Faculty Scholarship
“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
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"
Is International Trade A Substitute For Migration?, Robert J. Carbaugh
Is International Trade A Substitute For Migration?, Robert J. Carbaugh
All Faculty Scholarship for the College of Business
If a goal of immigration reform is to lessen the flow of unauthorized immigrants into the U.S., could international trade be used to deter immigration rather than adopting legal barriers? The purpose of this paper is to shed some light on this question by considering the theoretical foundations and empirical research regarding the connection between trade and migration.
Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
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.
Baselines Newsletter, No. 1, Fall 2007, University Of Colorado Boulder. Natural Resources Law Center
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.
State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker
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) integrated …
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
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 …
Will Marriage Promotion Work?, Vivian E. Hamilton
Will Marriage Promotion Work?, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How 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 …
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. 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. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
Rita V. United States Leaves More Open Than It Answers, Stephanos Bibas
Rita V. United States Leaves More Open Than It Answers, Stephanos Bibas
All Faculty Scholarship
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.