Law Commons^™

Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton

BYU Law Review

No abstract provided.

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …

Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff

William & Mary Law Review

No abstract provided.

Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick

William & Mary Law Review

No abstract provided.

Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.

Politik Luar Negeri Indonesia: Pantulan Dari 'Weak State' Dan Masa Transisi Yang Berkepanjangan, Zainuddin Djafar

Global: Jurnal Politik Internasional

Evaluation of Indonesian foreign policy leads us to assess the following: Firstly, since the Soeharto era we have had close relations with the Western countries, we have enjoyed billions of US dollars of loans, held technical co-operations in various aspects, we have oil reserves, LNG and other potential natural sources; but as a result of the multidimensional crises in 1997-1999, our economic and business activities, as well as financial and banking systems, have been ruined. Secondly, the three following administrations (B.J. Habibie, Abdurrahman Wahid and Megawati Soekarnoputri, 1998-2004) were not able to do much, let alone restore Indonesia to its …

Menelaah Konsep Human Security: Studi Kasus Penanganan Masalah Pengungsi Afganistan Di Australia (1999-2002), Avyanthi Azis

Global: Jurnal Politik Internasional

This article is a short report drawn from a research on the issue of the Afghan refugees in Australia (1992-2002). Using the infamous “boat people” case as illustration, the research was intended to provide careful observation on the concept “human security,” a term increasingly linked to forced migration issues. Although human security is often portrayed as a benign concept with strong moral stance, its vastness and loose definition limit its adequacy as a useful tool of analysis. The concept is also prone to misuse because it loosely adapts to various ideological interests. Following a framework elaborated from the thoughts of …

Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad

Mary Alice Haddad

Why are some communities more civically engaged than others? Why do some communities provide services with volunteer labor whereas others rely primarily on government provision? When communities provide both volunteer and paid labor for the same service, how do they motivate and organize those volunteers? This article addresses these questions through quantitative tests of prevailing explanations for levels of civic engagement (e.g., education, TV viewing, urbanization) and qualitative analyses of case studies of three medium-sized cities in Japan, focusing particularly on the service areas of firefighting and elder care. The statistical analyses demonstrate that current explanations that rely on individual …

Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles

Cornell Law Faculty Publications

“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.

The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler

Graduate Program in International Studies Theses & Dissertations

This study focuses on transnational smuggling, and puts forth an analytical framework from the smugglers' perspective with respect to route selection, focusing primarily on aspects of economic, political, and human geography. It is predicated on three interconnected decision-making domains that constitute the smuggler's operational landscape, namely access, risk and connectivity, which interact to drive the smugglers' perceptions of route attractiveness. The first two domains operate reciprocally, primarily at the national level of analysis, and together both shape and are shaped by the third at the transnational level to form a feedback loop. With respect to connectivity, the convention of the …

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts

Graduate Program in International Studies Theses & Dissertations

The 20th century brought the most horrific weapons and most devastating wars in the history of human civilization. It also gave us the most breathtaking discoveries and technological breakthroughs, including the opening up of outer space to human reach. The commercialization of outer space is one of the most significant developments of our time, giving us an opportunity to put the richness of this medium to the betterment of human conditions on Earth on an increasingly widening scale.

Technological advances have also made space more important militarily. A puzzle now is whether the commercialization of outer space facilitates international cooperation …

John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker

Human Rights & Human Welfare

A review of:

Islam, Liberalism, and Human Rights: Implications for International Relations by Katerina Dalacoura (revised edition). London: I.B. Tauris, 2003. 248pp.

The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of U.S. Supreme Court associate justice Clarence Thomas, from the conceptual perspective of Theodore Millon.

Information concerning Justice Thomas was collected from biographical sources, speeches, and published reports and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the basis of interpretive guidelines provided in the MIDC and Millon Index of Personality Styles manuals. Justice …

The Conscientious Congressman's Guide To The Electoral Count Act Of 1887, Stephen A. Siegel

Stephen Siegel

No abstract provided.

State Sovereignty And Human Rights, Jack Donnelly

Human Rights & Human Welfare

Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …

Constitutional Democracy As The Ordered Alternation Of Parties, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock

Human Rights & Human Welfare

A review of:

Human Rights: International Protection, Monitoring, Enforcement by Janusz Symonides. Burlington, VT: Ashgate Publishing, 2004. 416pp.

Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer

Human Rights & Human Welfare

Hegemony, as neo-cons argued in the 1990s, is not the mere possession of dominating power but also the will to use it on behalf of a coherent project. In the Clinton years, hegemony was only latent. The catastrophe of September 2001 created the circumstances in which it could be made real. To what end? There is not yet a single comprehensive statement of the neoconservative project and its premises.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not …

Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant

All Faculty Scholarship

Regulators need to rely on science to understand problems and predict the consequences of regulatory actions, but over reliance on science can actually contribute to, or at least deflect attention from, incoherent policymaking. In this article, we explore the problems with using science to justify policy decisions by analyzing the Environmental Protection Agency's recently revised air quality standards for ground-level ozone and particulate matter, some of the most significant regulations ever issued. In revising these standards, EPA mistakenly invoked science as the exclusive basis for its decisions and deflected attention from a remarkable series of inconsistencies. For example, even though …

Writings: Introduction Of Gloria Steinem, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Introduction of Gloria Steinem by Edna Saffy, Ph.D. – Jacksonville Women’s Network, February 19, 2004, Jacksonville Florida.

The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen

Publications from President Jonathan G.S. Koppell

This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons, …

Toward A New Constitutional Anatomy, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is an important sense in which our Constitution's structure is not what it appears to be--a set of activities or functions or geographies, the 'judicial" or the "executive" or the "legislative" power, the "truly local and the truly national. "Indeed, it is only if we put these notions to the side that we can come to grips with the importance of the generative provisions of the Constitution: the provisions that actually create our federal government; that bind citizens, through voting, to a House of Representatives, to a Senate, to a President, and even, indirectly, to a Supreme Court. In …

The Jewish Settlements In The West Bank: International Law And Israeli Jurisprudence, Michael Galchinsky

English Faculty Publications

No abstract provided.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.

Quad Angles

Syracuse University Magazine

No abstract provided.

Resolving Sovereign Debt: Collective Action Clauses Or The Sovereign Debt Restructuring Mechanism, Shalendra Sharma

Politics

When sovereign debt restructuring or debt reduction becomes unavoidable, what is the appropriate regime that can provide for an orderly restructuring, while at the same time protecting the rights of both creditors and the debtor? The recent wave of sovereign default has underscored the limits of the current market-based regime. Recently two alternative approaches propose a "contractual approach" by way of the introduction of collective action clauses (CAC) in bond contracts, and a "statutory approach" put forward by the International Monetary Fund (IMF), which calls for the establishment of an international debt restructuring mechanism (called the sovereign debt restructuring mechanism …

El Surgimiento De Un Poder Judicial Efectivo En México: Gobierno Dividido Y Toma De Decisiones En La Suprema Corte De Justicia, 1994-2002, Julio Ríos-Figueroa

Julio Ríos-Figueroa

No abstract provided.