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

Law Commons

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

2006

Selected Works

Social and Behavioral Sciences

PDF

Articles 1 - 30 of 43

Full-Text Articles in Law

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 …


Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield Nov 2006

Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.


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 …


Szerzõdési Szabadság És Paternalizmus: Adalékok A Szerzõdési Jog Közgazdasági Elemzéséhez [Freedom Of Contract And Paternalism: A Contribution To The Economics Of Contract Law] , Peter Cserne Oct 2006

Szerzõdési Szabadság És Paternalizmus: Adalékok A Szerzõdési Jog Közgazdasági Elemzéséhez [Freedom Of Contract And Paternalism: A Contribution To The Economics Of Contract Law] , Peter Cserne

Péter Cserne

No abstract provided.


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.


The Accident Externality From Driving, Aaron S. Edlin, Pinar Karaca Mandic Sep 2006

The Accident Externality From Driving, Aaron S. Edlin, Pinar Karaca Mandic

Aaron Edlin

We estimate auto accident externalities (more specifically insurance externalities) using panel data on state-average insurance premiums and loss costs. Externalities appear to be substantial in traffic-dense states: in California, for example, we find that the increase in traffic density from a typical additional driver increases total state wide in-surance costs of other drivers by $1,725–$3,239 per year, depending on the model. High–traffic density states have large economically and statistically significant externalities in all specifications we check. In contrast, the accident externality per driver in low-traffic states appears quite small. On balance, accident externalities are so large that a correcting Pigouvian …


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.


Patents As A Source Of Competitive Intelligence Information.Pdf, Jan Comfort Jun 2006

Patents As A Source Of Competitive Intelligence Information.Pdf, Jan Comfort

Jan Comfort

No abstract provided.


Practicing Law Librarianship: Podcasting, Vodcasting, And Law Libraries: How To Understand The Newest “It” Technology And Use It In Your Library, Lisa Smith-Butler May 2006

Practicing Law Librarianship: Podcasting, Vodcasting, And Law Libraries: How To Understand The Newest “It” Technology And Use It In Your Library, Lisa Smith-Butler

Lisa Smith-Butler

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.


The Movement For Open Access Law, Michael W. Carroll May 2006

The Movement For Open Access Law, Michael W. Carroll

Michael W. Carroll

My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very …


A Non-Credit Model For Real-Life Technology Transfer Experience For Cross-Disciplinary Student Teams, Paul Swamidass, Brian Wright May 2006

A Non-Credit Model For Real-Life Technology Transfer Experience For Cross-Disciplinary Student Teams, Paul Swamidass, Brian Wright

Paul Swamidass

This paper addresses several major issues of interest to ASEE’s Entrepreneurship Division. It covers (1) university technology transfer; (2) introducing technology IP protocol management to students; and (3) a model of working relationship with university technology transfer officers for the mutual benefit of university technology transfer and the training of university graduates with real-life technology transfer problems. Student reported benefits are included.


Pre-Disaster Planning And Mitigation And Its Impact On Comprehensive Emergency Management And The Nation: Pre-Disaster Mitigation (Pdm) Program And The Population Protected, Thomas Lyons Carr Iii May 2006

Pre-Disaster Planning And Mitigation And Its Impact On Comprehensive Emergency Management And The Nation: Pre-Disaster Mitigation (Pdm) Program And The Population Protected, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

A Project for a Professional Degree submitted to The Faculty of School of Engineering and Applied Science of The George Washington University in partial fulfillment of the requirements for the degree of Applied Scientist of Engineering Management May 21, 2006

On October 10, 2000, The Disaster Mitigation Act of 2000 (DMA 2000 or DMA 2K) (Public Law 106-390) was enacted, amending the Robert T. Stafford Relief and Emergency Assistance Act and established new requirements for the national for hazard mitigation planning. States, Tribes, territories, and local governments now must have an approved mitigation plan in place prior to receiving certain …


Homeland Security: Engaging The Frontlines - Symposium Proceedings, George H. Baker, Cheryl J. Elliott Apr 2006

Homeland Security: Engaging The Frontlines - Symposium Proceedings, George H. Baker, Cheryl J. Elliott

George H Baker

The rise of the American homeland security endeavor under the leadership of the new Department of Homeland Security has been heralded by several major national strategy documents. These documents have served to organize efforts at top levels within the government and industry. However, the national strategy guidance is not getting to many organizations and people at the grass-roots level who can make the most difference in preventing attacks, protecting systems, and recovering from catastrophic events, viz. the general citizenry, private infrastructure owners, and local governments. To better understand grass-roots issues and solutions, James Madison University, in cooperation with the Federal …


13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz Mar 2006

13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz

Thomas D. Lyon

We propose five directions for future child witness research, inspired by recognition of the day-to-day realities of the legal system and the opportunities of psychology to react proactively to challenges child witnesses face. These directions include (1) the refinement of developmentally sensitive questioning aids that increase completeness without increasing suggestibility, (2) the development of approaches to non-disclosure and recantation, including understanding of the reasons underlying non-disclosure and the potential for building rapport and increasing trust, (3) the construction of interventions that meet mental health needs of child-victim witnesses without creating false memories or tainting testimony, (4) a focus on details …


Economics: Labor And Health In South Asia By Vibhuti Patel, Professor Vibhuti Patel Mar 2006

Economics: Labor And Health In South Asia By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

In Bangladesh, India, Nepal, Pakistan, and Sri Lanka, inferior terms of women’s employment perpetuate their subordination in family and society and impact their health adversely. How women are paid and valued in the fields, factories, and offices has direct bearing on women workers’ status within and outside the workplace. The statistical profile of women’s work in South Asia reveals ahigh maternal mortality rate, adverse sex ratios, low levels of literacy, the highest work participation of women in agriculture, and women’s estimated earned income as less than half that of men, signifying the undervaluation and unpaid nature of women’s productive economic …


12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon Feb 2006

12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon

Thomas D. Lyon

Coohey’s paper is a valuable investigation of the substantiation of mothers for failure to protect their children from child sexual abuse (CSA). Drawing on concerns regarding the possible inconsistency of decisions to substantiate, the author sought to determine the factors relied on by CPS investigators in the decision-making process. Multivariate analyses revealed the importance of maternal reactions to abuse, including whether the mother believed the child’s allegations and whether she acted in a protective or supportive manner. We will put Coohey’s findings in the context of other research that has documented the importance of nonoffending caregivers’ reactions to sexual abuse. …


Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan Jan 2006

Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan

Felice J Batlan

This Article argues that at the turn of the twentieth century, settlement houses were particularly important and vibrant legal sites, in which women settlement workers played groundbreaking and multiple legal roles.' Settlement houses created a geographical and intellectual space where diverse parties participated in analyzing, examining, discussing, popularizing, producing, and reforming law. More broadly, settlement houses were part of a rich and prolific urban legal environment that produced and prompted legal innovation and experimentation. Surprisingly, however, legal scholars have almost entirely neglected the groundbreaking legal work that settlement houses performed. Such neglect results in an impoverished understanding of fin-de-siecle legal …


11. Report Of The Apsac Task Force On Attachment Therapy, Reactive Attachment Disorder, And Attachment Problems., Mark Chaffin, Rochelle Hanson, Benjamin E. Saunders, Todd Nichols, Douglas Barnett, Charles Zeanah, Lucy Berliner, Byron Egeland, Elana Newman, Thomas D. Lyon, Elizabeth Letourneau, Cindy Miller-Perrin Jan 2006

11. Report Of The Apsac Task Force On Attachment Therapy, Reactive Attachment Disorder, And Attachment Problems., Mark Chaffin, Rochelle Hanson, Benjamin E. Saunders, Todd Nichols, Douglas Barnett, Charles Zeanah, Lucy Berliner, Byron Egeland, Elana Newman, Thomas D. Lyon, Elizabeth Letourneau, Cindy Miller-Perrin

Thomas D. Lyon

Although the term attachment disorder is ambiguous, attachment therapies are increasingly used with children who are maltreated, particularly those in foster care or adoptive homes. Some children described as having attachment disorders  show extreme disturbances. The needs of these children and their caretakers are real. How to meet their needs is less clear. A number of attachment-based treatment and parenting approaches purport to help children described as attachment disordered. Attachment therapy is a young and diverse field, and the benefits and risks of many treatments remain scientifically undetermined. Controversies have arisen about potentially harmful attachment therapy techniques used by a …


Expert On Sex Trafficking Contributes To Passage Of Historic New Law Jan 2006

Expert On Sex Trafficking Contributes To Passage Of Historic New Law

Donna M. Hughes

No abstract provided.


Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston Dec 2005

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …


Making Meaning Of Megan’S Law, Rose Corrigan Dec 2005

Making Meaning Of Megan’S Law, Rose Corrigan

Rose Corrigan

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …


Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt Dec 2005

Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt

Chris Rahman

No abstract provided.


Hate Crime Law And The Limits Of Inculpation, Janine Young Kim Dec 2005

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author …


Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle Dec 2005

Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle

Josh Eagle

The U.S. Commission on Ocean Policy and the Pew Oceans Commission reports contain a range of suggestions aimed at legislatively or administratively improving current ocean management structures. In this paper, I critique one of the major recommendations common to both reports, that is, the call for “regional ocean governance.” Although each commission’s plan for implementing a regional approach is different, their rationales and design concepts are quite similar: After explaining that present institutions are too narrow in their geographic and substantive scope, the reports go on to advocate for the establishment of larger scale, more “comprehensive” management bodies. I argue …


An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein Dec 2005

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.


Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk Dec 2005

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …


Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis Dec 2005

Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper considers the challenges ahead after having assessed what determined the outcome of the referendum in April 2004 and the balance of forces as they emerge in the Parliamentary elections of 2006. In spite of the generally sound claims that globalisation shifts decision-making away from nation-states, particularly weak and small states to networks beyond the nation-state, in the case of Cyprus what we have for the first time paradoxically is the “fate” of Cyprus primarily in the hands of Cypriots themselves. Although semi-occupied the two communities can make their decision as to the future of their country and state, …


Immigration To Cyprus, Nicos Trimikliniotis Dec 2005

Immigration To Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter discusses the context that has transformed Cyprus from an emigration to an immigration country. It examines public discourse, the legal status, and the social position of migrants and asylum-seekers. This is exposed against the historical and political backdrop of Cyprus, dominated by the ‘national’ problem, which keeps the island divided.