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Full-Text Articles in Law

Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Spanakos, Lucio R. Renno Dec 2006

Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Spanakos, Lucio R. Renno

Department of Political Science and Law Faculty Scholarship and Creative Works

The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …


International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan Dec 2006

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the employment …


Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad Nov 2006

Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad

Mary Alice Haddad

This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such as Greenpeace. These hypotheses are tested …


Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha Nov 2006

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …


Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak Nov 2006

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

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 paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.


Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum Nov 2006

Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum

David S. Law

In this paper, we employ simple formal models drawn from political science to explain the occurrence of gridlock in the federal judicial selection process, and to explore the implications of the nuclear option, by which a bare majority of senators employs parliamentary tactics to abolish the filibuster with respect to judicial nominations. Our application of a pivotal politics model leads us to reject the notion that appointments gridlock is a straightforward consequence of divided government. Instead, meaningful changes to the ideological balance of the federal bench require a more demanding ideological alignment of multiple veto players relative to the status …


Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns Nov 2006

Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns

Human Rights & Human Welfare

A review of:

New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.


The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy Nov 2006

The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy

BYU Law Review

No abstract provided.


The Hermeneutic Foundations Of Qualitative Research, Bernd Reiter Oct 2006

The Hermeneutic Foundations Of Qualitative Research, Bernd Reiter

Government and International Affairs Faculty Publications

This article is the result of reflection that emerged while conducting qualitative field research on nationalism and exclusion in Portugal. The problem I confronted was when to stop interviewing. Stated more precisely, I was seeking an answer to the question of when one has collected enough empirical data to support or reject one’s hypotheses. This initial problem led me to a rather old discussion on the difference between natural and human sciences that has characterized German academic life for many years–in fact, since the early 19th century–producing some more heated phases of academic dispute, known as the Positivismusstreit in the …


Eritrea: Challenges And Crises Of A New State, Assefaw Bariagaber Sep 2006

Eritrea: Challenges And Crises Of A New State, Assefaw Bariagaber

Assefaw Bariagaber

No abstract provided.


Weltdiplomat, Beat Habegger Sep 2006

Weltdiplomat, Beat Habegger

Beat Habegger

No abstract provided.


Der Unmöglichste Job Der Welt: Zur Wahl Eines Neuen Uno-Generalsekretärs, Beat Habegger Sep 2006

Der Unmöglichste Job Der Welt: Zur Wahl Eines Neuen Uno-Generalsekretärs, Beat Habegger

Beat Habegger

No abstract provided.


Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron Sep 2006

Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron

BYU Law Review

No abstract provided.


Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park Sep 2006

Defining One's Own Concept Of Existence And The Meaning Of The Universe: The Presumption Of Liberty In Lawrence V. Texas, Mitchell F. Park

BYU Law Review

No abstract provided.


Religion, Law, And Judiciary In Modern India, Tahir Mahmood Sep 2006

Religion, Law, And Judiciary In Modern India, Tahir Mahmood

BYU Law Review

No abstract provided.


The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter Jul 2006

The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.


Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell Jul 2006

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.


Bilateral Breakdown: U.S. – Canada Pollution Disputes, Noah D. Hall Jul 2006

Bilateral Breakdown: U.S. – Canada Pollution Disputes, Noah D. Hall

Noah D Hall

The United States and Canada have one of the strongest bilateral relationships in the world, and the history of cooperation and diplomacy on environmental matters has been a major part of their relationship. However, as some recent efforts to resolve U.S.- Canadian pollution disputes through diplomacy and international law have failed, environmental advocates have looked to domestic litigation in U.S. courts to vindicate their rights. Is this a welcome development for environmental protection or a troubling trend for bilateral diplomacy? This essay explores the recent developments with a historical perspective and provides some recommendations for balancing the competing interests of …


Tom Delay: Popular Constitutionalist?, Neal Devins Jul 2006

Tom Delay: Popular Constitutionalist?, Neal Devins

Faculty Publications

No abstract provided.


The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann Jun 2006

The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann

Michael D. Mann

This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.

The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).


Expanding Development Through Human Rights, Dina H. Sherif Jun 2006

Expanding Development Through Human Rights, Dina H. Sherif

Archived Theses and Dissertations

No abstract provided.


Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha May 2006

Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Três tópicos sintetizam as preocupações da presente leitura de Tomás Moro: antes de mais, o direito constitucional e a polémica constitucional que acabou em crime político sob forma penal – a decapitação de Moro por traição; depois (mas apenas por comodidade depois, porque está antes de tudo em Moro), o cristianismo, mola propulsora da vida, do pensamento e da obra desta figura; finalmente, a utopia social, o seu contributo para a filosofia política, numa clave que normalmente não é a da maioria dos expoentes recentes do pensamento cristão – e daí, também, a sua originalidade.


Democracia Sin Blindaje, Jose Luis Sardon May 2006

Democracia Sin Blindaje, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.


Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska May 2006

Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents related to Indigenous Nations

This report, dated May 2006, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project back to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into four sections: Introduction, Background, Proposed Determination, Public Comment and Response. …


Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall May 2006

Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall

Noah D Hall

This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world’s largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism approach …


Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen May 2006

Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen

David B Kopel

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …


"One Person, One Vote, And The Constitutionality Of The Winner-Take-All Allocation Of Electoral Votes", David A. Schultz Apr 2006

"One Person, One Vote, And The Constitutionality Of The Winner-Take-All Allocation Of Electoral Votes", David A. Schultz

David A Schultz

The winner-take-all method of allocating electoral votes in presidential races is the norm among states, yet nowhere in the Constitution is this practice mandated. This article contends that the winner-take-all allocation of electors unconstitutionally magnifies the battleground states' influence on the final Electoral College tally and that these inequities cannot be reconciled with the principle of one-person, one-vote that the US Supreme Court articulated in the landmark Reynolds v. Sims. In 1966 the Supreme Court declined to hear a case contesting the constitutionality of the winner-take-all system based on the one person, one vote, principle. It is time for the …


The Good Governance Agenda Of International Development Institutions, Kerry L. Hofheimer Apr 2006

The Good Governance Agenda Of International Development Institutions, Kerry L. Hofheimer

Graduate Program in International Studies Theses & Dissertations

International development institutions (IDIs) have increasingly emphasized good governance and democratic reform in the provision of foreign assistance. This is especially apparent with respect to the United Nations Development Programme (UNDP), World Bank, European Union (EU), and United States Agency for International Development (USAID). This project describes and explains the good governance and democracy promotion program of each institution.

Previous studies have accounted for IDIs' good governance and democracy promotion in the 1990s in a generalized way. They have taken into consideration external international changes such as the fading of the Cold War and increased global interdependence between the North …


The Reinvention Of Nato, Robert M. Antis Apr 2006

The Reinvention Of Nato, Robert M. Antis

Graduate Program in International Studies Theses & Dissertations

In 2006, NATO is operating well out of area and conducting missions beyond the collective defense limits of its founding Treaty. NATO increasingly supports humanitarian relief operations, while also engaged in Afghanistan, the Mediterranean, and African crisis spots.

These changes provide the reason to examine the thesis: only if NATO is able to effectively transform will it be able to continue in its role as the primary European security institution. This transformation of the Alliance is a process, and one that could yet come to an untimely conclusion following any crisis. How NATO has adapted so far, and the potential …


The Refund Booth: Using The Principle Of Symmetric Information To Improve Campaign Finance Regulation, Ian Ayres, Bruce Ackerman Mar 2006

The Refund Booth: Using The Principle Of Symmetric Information To Improve Campaign Finance Regulation, Ian Ayres, Bruce Ackerman

Philip A. Hart Memorial Lecture

On March 22, 2006, Professor of Law, Ian Ayres of Yale Law School, delivered the Georgetown Law Center’s twenty-sixth Annual Philip A. Hart Memorial Lecture: "The Refund Booth: Using the Principle of Symmetric Information to Improve Campaign Finance Regulation." The article, The Secret Refund Booth, was co-authored with Professor Bruce Ackerman of Yale University.

Ian Ayres is a lawyer and an economist. He is the William K. Townsend Professor of Law and Anne Urowsky Professorial Fellow in Law at Yale Law School and a Professor at Yale's School of Management. He is the editor of the Journal of Law, …