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2011

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Articles 1 - 30 of 17233

Full-Text Articles in Law

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel Dec 2015

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about ...


Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears Dec 2015

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition ...


A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan Aug 2014

A Comparative Approach To Coordination: How Apes, Monkeys And Humans Respond To An Assurance Game With Equivalent Procedures, Bart Wilson, Sarah Brosnan

Bart J Wilson

Our research directly compares coordinated decision making across the entire primate lineage, including a new-world monkey, an old-world monkey, an ape, and humans, to help understand how decision making is different between these species. We find that the ability to coordinate on a mutually beneficial decision does vary across species, that there is variability within each taxonomic group, and that this variation overlaps between groups. Each species represents a continuum, with pairs of each species ranging from random outcomes to those which coordinate on the payoff dominant outcome. What differs is the frequency of payoff dominant outcomes within each species.


An Experiment On Protecting Intellectual Property, Bart Wilson Aug 2014

An Experiment On Protecting Intellectual Property, Bart Wilson

Bart J Wilson

We conduct a laboratory experiment to explore whether the protection of intellectual property (IP) incentivizes people to create non-rivalrous knowledge goods, foregoing the production of other rivalrous goods. In the contrasting treatment with no IP protection, participants are free to resell and remake non-rivalrous knowledge goods originally created by others. We find that creators reap substantial profits when IP is protected and that rampant pirating is not uncommon when there is no IP protection. But most importantly, we find that IP protection in and of itself is neither necessary nor sufficient for generating wealth from the discovery of knowledge goods.


Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas Aug 2014

Horizontal Product Differentiation In Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas

Bart J Wilson

We experimentally compare first-price auctions and multilateral negotiations after introducing horizontal product differentiation into a standard procurement setting. Both institutions yield identical surplus for the buyer, a difference from prior findings with homogeneous products that results from differentiation’s influence on sellers’ pricing behavior. The data are consistent with this finding being driven by concessions from low-cost sellers in response to differentiation reducing their likelihood of being the buyer’s surplus-maximizing trading partner. Further analysis shows that introducing product differentiation increases or leaves unchanged the intensity of price competition among sellers, which contrasts with the conventional wisdom that product differentiation ...


Using Experimental Economics To Understand Competition, Bart Wilson Aug 2014

Using Experimental Economics To Understand Competition, Bart Wilson

Bart J Wilson

No abstract provided.


Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough Aug 2014

Geography And Social Networks In Nascent Distal Exchange, Bart Wilson, Erik Kimbrough

Bart J Wilson

No abstract provided.


Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom Oct 2013

Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom

Robert Bloom

No abstract provided.


When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey Oct 2013

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of ...


The Right To Die: Themes And Variations, Charles Baron Aug 2013

The Right To Die: Themes And Variations, Charles Baron

Charles H. Baron

No abstract provided.


Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross Dec 2011

Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross

American University Law Review

No abstract provided.


Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan Dec 2011

Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan

Wai Yee WAN

Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions ...


Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan Dec 2011

Commentary On Recommendations On Prohibition Of Financial Assistance: A Response To Consultation Paper: Report Of The Steering Committee For Review Of The Companies Act, Wai Yee Wan

Wai Yee WAN

This is a commentary on the recommendations on prohibition of financial assistance in the Report of the Steering Committee for Review of the Companies Act


Sistema Brasileiro De Provas, Nelson Rodrigues Netto Dec 2011

Sistema Brasileiro De Provas, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.


The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush Dec 2011

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

No abstract provided.


The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush Dec 2011

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

3. A Vehicle Miles Tax Reduces Manufacturer Incentives to Build Electric Vehicles

It follows that if consumers have few incentives to buy electric vehicles, manufacturers will have less of an incentive to make them. If electric cars were not in demand, then why would anyone make them and try to sell them? In a market that is finding electric vehicles to be a tough sell, we need to encourage the sale and production of electric vehicles as much as possible. The effect of enacting a mileage-based tax will be the attrition of automakers producing electric vehicles, furthering the nation’s ...


Probing The Power Of The Supreme Court, Reviewing Tom S. Clark, The Limits Of Judicial Independence And Matthew E. K. Hall, The Nature Of Supreme Court Power, Lawrence Baum Dec 2011

Probing The Power Of The Supreme Court, Reviewing Tom S. Clark, The Limits Of Judicial Independence And Matthew E. K. Hall, The Nature Of Supreme Court Power, Lawrence Baum

Tulsa Law Review

No abstract provided.


Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr. Dec 2011

Cabbages And Kings: Bridging The Gap For More Effective Capacity-Building, Charles E. Tucker Jr.

University of Pennsylvania Journal of International Law

No abstract provided.


State And Non-State Justice Systems In Afghanistan: The Need For Synergy, Ali Wardak Dec 2011

State And Non-State Justice Systems In Afghanistan: The Need For Synergy, Ali Wardak

University of Pennsylvania Journal of International Law

No abstract provided.


An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell Dec 2011

An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell

City University of New York Law Review

The Federal Prison Litigation Reform Act precludes prisoners from filing lawsuits in forma pauperis and imposes significant limitations on the recovery of attorney’s fees. Many states have followed the lead of Congress by prohibiting their courts from waiving filing fees in prisoner cases. The federal fee provisions have withstood a barrage of constitutional challenges, with courts uniformly holding that the provisions are rationally related to a legitimate government interest in deterring frivolous inmate litigation. Many courts, however, apply these fee restrictions in a manner that cannot be justified by the analysis generally supporting the constitutionality of the provisions. In ...


Graham, Miller, & The Right To Hope, J. M. Kirby Dec 2011

Graham, Miller, & The Right To Hope, J. M. Kirby

City University of New York Law Review

No abstract provided.


All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson Dec 2011

All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson

City University of New York Law Review

No abstract provided.


Earning The Right To Remain Silent After Berghuis V. Thompkins, Isa Chakarian Dec 2011

Earning The Right To Remain Silent After Berghuis V. Thompkins, Isa Chakarian

City University of New York Law Review

No abstract provided.


Front Matter Dec 2011

Front Matter

City University of New York Law Review

No abstract provided.


Justice And Law: The One Hundred Year Rule, William Quigley Dec 2011

Justice And Law: The One Hundred Year Rule, William Quigley

City University of New York Law Review

No abstract provided.


Barriers To Women's Access To Justice In Haiti, Meena Jagannath Dec 2011

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview ...


Sex Offender Registration And Notification Laws At Home And Abroad: Is An International Megan's Law Good Policy?, Christopher King Dec 2011

Sex Offender Registration And Notification Laws At Home And Abroad: Is An International Megan's Law Good Policy?, Christopher King

City University of New York Law Review

No abstract provided.


Zealous Advocacy For The Right To Be Heard For Children And Youth In Deportation Proceedings, M. Aryah Somers Dec 2011

Zealous Advocacy For The Right To Be Heard For Children And Youth In Deportation Proceedings, M. Aryah Somers

City University of New York Law Review

No abstract provided.


Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane Dec 2011

Right To Housing: An Effective Means For Addressing Homelessness, The Edward V. Sparer Symposium Issue: Partnering Against Poverty: Examining Cross-Disciplinary Approaches To Public Interest Lawyering , Thomas Byrne, Dennis P. Culhane

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Pepsico And Public Health: Is The Nation's Largest Food Company A Model Of Corporate Responsibility Or Master Of Public Relations?, Michele Simon Dec 2011

Pepsico And Public Health: Is The Nation's Largest Food Company A Model Of Corporate Responsibility Or Master Of Public Relations?, Michele Simon

City University of New York Law Review

No abstract provided.