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

Law Commons

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

Series

2019

Social and Behavioral Sciences

Institution
Keyword
Publication
File Type

Articles 1 - 30 of 474

Full-Text Articles in Law

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu Dec 2019

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …


Christianity And Bankruptcy, David A. Skeel Jr. Dec 2019

Christianity And Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …


Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba Dec 2019

Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba

All Faculty Scholarship

We study the link between officer injuries-on-duty and the force-use of their peers using a network of officers who, through a random lottery, began the police academy together. We find that peer injuries-on-duty increase the probability of using force by 7%. The effect is concentrated in a narrow time window near the event and is not associated with significantly lower injury risk to the officer. Complaints of improper searches and failure to provide service also increase after peer injuries, suggesting that the increase in force might be driven by heightened risk aversion.


Revisiting The Open Access Citation Advantage For Legal Scholarship, John R. Beatty Dec 2019

Revisiting The Open Access Citation Advantage For Legal Scholarship, John R. Beatty

Law Librarian Journal Articles

Citation studies in law have shown a significant citation advantage for open access legal scholarship. A recent cross-disciplinary study, however, gave opposite results. This article shows how methodology, including the definition of open access and the source of the citation data, can affect the results of open access citation studies.


Introduction, Loretta Price Dec 2019

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law


Nof Kdumim: Remaking The Ancient Landscape In East Jerusalem’S National Parks, Irus Braverman Dec 2019

Nof Kdumim: Remaking The Ancient Landscape In East Jerusalem’S National Parks, Irus Braverman

Journal Articles

This article explores two national parks in East Jerusalem and their legal administration as the focus of contradictory and complementary attempts at preservation, colonization, and normalization. Drawing on in-depth interviews with, and observations of, officials from the Israel Nature and Parks Authority and others, I expose the Judaizing of the landscape in Jerusalem. Nature never stands for itself; it is always an echo of a human presence and, in this case, of a Jewish past and its modern reunion. The project of imagining the natural landscape as one that embodies an ancient past—what Israeli officials have referred to in our …


Safety & Risk Management News - December 2019, Otterbein University Dec 2019

Safety & Risk Management News - December 2019, Otterbein University

Otterbein Police Department

No abstract provided.


Law Library Blog (December 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2019

Law Library Blog (December 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller Dec 2019

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …


Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong Dec 2019

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …


Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong Dec 2019

Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …


Memorializing The Right To Free Speech: Hess V. Indiana And The Iu Bicentennial, Ashley A. Ahlbrand Dec 2019

Memorializing The Right To Free Speech: Hess V. Indiana And The Iu Bicentennial, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.


Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti Dec 2019

Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti

Research Collection Yong Pung How School Of Law

The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …


The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks Dec 2019

The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks

Articles, Book Chapters, & Popular Press

Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …


The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh Dec 2019

The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …


Pubfair: A Distributed Framework For Open Publishing Services. Version 2, November 27, 2019, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues Nov 2019

Pubfair: A Distributed Framework For Open Publishing Services. Version 2, November 27, 2019, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …


Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann Nov 2019

Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann

Copyright, Fair Use, Scholarly Communication, etc.

Why GAO Did This Study --Research and development helps catalyze breakthroughs that improve the overall health and wellbeing of our society. Federal research and development expenditures averaged about $135 billion annually for fiscal years 2015 to 2017. According to OSTP, providing free public access to federally funded research results can improve both the impact and accountability of this important federal investment. In February 2013, OSTP directed federal agencies with more than $100 million in annual research and development expenditures to develop a plan to support increased public access to the results of federally funded research.

GAO was asked to examine …


Ua12/2/1 College Heights Herald, Vol. 95, No. 11 [13], Wku Student Affairs Nov 2019

Ua12/2/1 College Heights Herald, Vol. 95, No. 11 [13], Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

  • Chisenhall, Jeremy. WKU Deals Offer Chances to Study in China – Shaanxi Normal University
  • Collins, Michael. How DACA Rulings Could Affect WKU Students – Deferred Action for Childhood Arrivals
  • Stahl, Matt. WKU Basketball Records Request Heads to In-camera Review
  • Burris, Lily. 5 Questions with Dean Larry Snyder
  • Lamb, Cassady. Students Can Pay Back Library Fines in a New Way
  • Stack, Madalyn. Editorial Cartoon re: Freedom of the Press
  • Penalizing the Press – China
  • Mattison, Reed. On Ice – SoKY Ice Rink
  • Holland, Kelley. Folklore Class …


Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder Nov 2019

Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

When news broke early in 2019 that the University of California had walked away from licensing negotiations with the world’s largest scholarly publisher (Elsevier), a wave of triumphalism spread through the OA Twittersphere. The talks had collapsed because of Elsevier’s failure to offer UC what it demanded: a new-style Big Deal in which the university got access to all of Elsevier’s paywalled content plus OA publishing rights for all UC authors – what UC refers to as a “Read and Publish” agreement. In addition, UC wanted Elsevier to provide this at a reduced cost.1 Given its size and influence, UC’s …


Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary Nov 2019

Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary

Psychology Faculty Scholarship

Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …


Catching Killers With Consumer Genetic Information, Angela Hackstadt Nov 2019

Catching Killers With Consumer Genetic Information, Angela Hackstadt

University Libraries Faculty Scholarship

In April 2018, Joseph James D'Angelo was arrested as a suspect in the Golden State Killer case. DNA evidence collected at a 1980 crime scene finally shed light on the murderer's identity in early 2018 when investigators turned to GEDMatch, a service that allows users to upload and share DNA data obtained from consumer genetic tests. Consumer genetic testing, DNA collection, and familial DNA searching all raise ethical and privacy concerns. If investigators are using genetic genealogy to solve cold cases, where does that leave consumers?


The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans Nov 2019

The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans

Articles, Chapters and Online Publications

Rachel Evans crafts a short history of Open Educational Resources and provides a list of tools and other sites for exploring and creating Open Access Textbooks and other materials. The post also recounts a recent Open Access event at UGA Law Library and compares the perils of generationally divided views on access to quality yet affordable education to the clash of tradition and modernity in a particular film The Flavor of Green Tea Over Rice. To close the piece she encourages members to participate in the recently shared ALL-SIS (Academic Law Libraries Special Interest Section) survey about Open Educational Resources …


Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan Nov 2019

Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan

College of Journalism and Mass Communications: Theses

The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues, they …


The Fair Open Access Breakdown Of Publication Services And Fees, Fair Open Access Alliance, Saskia De Vries Nov 2019

The Fair Open Access Breakdown Of Publication Services And Fees, Fair Open Access Alliance, Saskia De Vries

Copyright, Fair Use, Scholarly Communication, etc.

The Fair Open Access Alliance (FOAA) is pleased to present its Breakdown of Publication Services and Fees. A few years ago, FOAA invited several publishers and platforms in a consortium to formulate a response to the ORE call. Members of that group continued to meet informally to discuss the future of academic publishing in Fair Open Access. Specifically, discussions between FOAA and these individual publishers centered on identifying a set of service baskets that could group the various service components provided by an academic publisher, in the context of the price transparency requirement set forth by Plan S. Based on …


Unjust Enrichment In Asia Pacific, Man Yip Nov 2019

Unjust Enrichment In Asia Pacific, Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.


A Roadmap For Action: Academic Community Control Of Data Infrastructure, Sparc, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey Nov 2019

A Roadmap For Action: Academic Community Control Of Data Infrastructure, Sparc, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

The need for academic institutions to act to retain control of infrastructure, data and data analytics is here to stay. It is critical for academic leaders to acknowledge that data and its uses play a central role in the operations and the future of their institutions, and take control of how it is managed as a strategic asset.

The time to act is now. Many of the actions outlined in the Risk Mitigation section of this roadmap can be taken relatively quickly, and many institutions already have a head start on these processes in response to GDPR or other requirements. …


Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan Nov 2019

Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …


Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong Nov 2019

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …


Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan Nov 2019

Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …


Dimensions Of Delegation, Cary Coglianese Nov 2019

Dimensions Of Delegation, Cary Coglianese

All Faculty Scholarship

How can the nondelegation doctrine still exist when the Supreme Court over decades has approved so many pieces of legislation that contain unintelligible principles? The answer to this puzzle emerges from recognition that the intelligibility of any principle dictating the basis for lawmaking is but one characteristic defining that authority. The Court has acknowledged five other characteristics that, taken together with the principle articulating the basis for executive decision-making, constitute the full dimensionality of any grant of lawmaking authority and hold the key to a more coherent rendering of the Court’s application of the nondelegation doctrine. When understood in dimensional …