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2011

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Articles 10831 - 10860 of 11716

Full-Text Articles in Law

Indigeneity And Sovereignty In Canada's Far North: The Arctic And Inuit Sovereignty, Gordon Christie Jan 2011

Indigeneity And Sovereignty In Canada's Far North: The Arctic And Inuit Sovereignty, Gordon Christie

All Faculty Publications

As the Arctic “opens up” to exploration and economic development, a new stage in colonization looms. This essay builds toward a vision of Arctic nation-states meeting with the Inuit to work out how they might together come to an understanding of how decisions about the future of the Arctic may be appropriately made. The Inuit are currently actively resisting the new wave of colonization within a framework built on the bedrock of nation-state sovereignty. The notion of “sovereignty” serves as a keystone in a system of controlling narratives, functioning to generate and police ways of thinking about decision-making processes, a …

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The Tax Consequences Of Corporate Reorganisations In China, Wei Cui, Richard Krever Jan 2011

The Tax Consequences Of Corporate Reorganisations In China, Wei Cui, Richard Krever

All Faculty Publications

The story of China’s income taxation of corporate reorganisations falls into four distinct periods. The first years of the development of a market economy were a period of benign neglect as tax authorities came to grips with a new tax system and some domestic taxpayers exploited unintended exemptions for reorganisation transactions. A dialectic emerged during the second period of reform with a shift towards a more conventional company tax system based on widely-accepted normative tax principles, while at the same time concessional rules were enacted for transactions favoured by the economic planners. The third stage saw a winding back of …

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Macro- And Micro-Level Effects On Responsive Financial Regulation, Cristie Ford Jan 2011

Macro- And Micro-Level Effects On Responsive Financial Regulation, Cristie Ford

All Faculty Publications

We are approaching the 20th anniversary of Ian Ayres’ and John Braithwaite’s 1992 book, Responsive Regulation. This paper, which was prepared for a September 2010 workshop at UBC, considers the implications of the recent financial crisis for Ayres’ and Braithwaite’s concept of “enforced self-regulation.” Its main thesis is that flexible and iterative regulatory strategies, such as enforced self-regulation and its progeny, are more porous to influence from different planes of action than prescriptive regulation would be. When focusing on technical regulatory design strategies, scholars should therefore be cautious about bracketing or underestimating the problem of power operating at the “macro …

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The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant Jan 2011

The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant

All Faculty Publications

The author of this article argues that Canada’s current approach to the criminalization of HIV transmission is deeply flawed and cries out for clarification. The article first considers the risk of transmission of HIV under various conditions, as determined by recent scientific studies, and concludes that HIV is not easily transmissible through sexual activity. It next examines several crucial factors that contribute to the significance, or lack of significance, of sexual activity by HIV-positive individuals, concluding that the current law creates a “numbers game” for triers of fact. The article then proceeds to a comparative analysis of other Commonwealth countries, …

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Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park Jan 2011

Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park

Faculty Scholarship

Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally include four key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to …

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Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed Jan 2011

Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed

Faculty Scholarship

UN Women must take an aggressive role in the standardization of laws and policies at the global and national level where their incongruence has negative and often criminal consequences for the health and lives of women and girls. This article focuses in on three such examples: opt-out testing for HIV, criminalization of vertical transmission, and the new World Health Organization guidelines on breastfeeding.

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Whose Claim Is This Anyway? Third Party Litigation Funding, Maya Steinitz Jan 2011

Whose Claim Is This Anyway? Third Party Litigation Funding, Maya Steinitz

Faculty Scholarship

Third party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance in return for an ownership stake in a legal claim and a contingency in the recovery. Its emergence has been recognized as one of the most significant developments in civil litigation today. It will transform access to justice, and affect numerous areas of the law including corporate law, torts, intellectual property, environmental law, employment law and international law. Hailing from the U.K. and Australia, the practice is de facto prohibited in the U.S., largely through ethical rules disallowing …

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Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey L. Dogan, Ernest A. Young Jan 2011

Judicial Takings And Collateral Attacks On State Court Property Decisions, Stacey L. Dogan, Ernest A. Young

Faculty Scholarship

In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection,1 the U.S. Supreme Court divided over the question whether takings alleged to have occurred as a result of judicial action should be treated identically to takings by legislative or executive actors. In this essay, we accept the plurality’s basic contention that it makes little sense to treat judicial takings of property categorically differently than takings by other branches of government. If a judge decided to condemn property for a highway project, for example, we agree with Justice Scalia that the Constitution would compel compensation, just as it does …

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I'M A Laycockian! (For The Most Part), Jay D. Wexler Jan 2011

I'M A Laycockian! (For The Most Part), Jay D. Wexler

Faculty Scholarship

You know you’ve made it, scholarly-wise speaking, when a major publishing house and a preeminent university approach you to ask whether they could publish a four-volume set of your collected works. Such is the situation of Douglas Laycock (DL), long-time Professor at the University of Texas School of Law, now moving from the University of Michigan to the University of Virginia and most certainly on just about everyone’s short list of greatest church–state scholars of the past quarter-century. Volume One of the collection was published in 2010; it is subtitled “Overviews & History” and contains roughly forty pieces written by …

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The Money Blind: How To Stop Industry Bias In Biomedical Science, Without Violating The First Amendment, Christopher Robertson Jan 2011

The Money Blind: How To Stop Industry Bias In Biomedical Science, Without Violating The First Amendment, Christopher Robertson

Faculty Scholarship

The pharmaceutical and medical device industries use billions of dollars to support the biomedical science that physicians, regulators, and patients use to make healthcare decisions—the decisions that drive an increasingly large portion of the American economy. Compelling evidence suggests that this industry money buys favorable results, biasing the outcomes of scientific research. Current efforts to manage the problem, including disclosure mandates and peer reviews, are ineffective. A blinding mechanism, operating through an intermediary such as the National Institutes of Health, could instead be developed to allow industry support of science without allowing undue influence. If the editors of biomedical journals …

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Testing As Commodification, Katharine B. Silbaugh Jan 2011

Testing As Commodification, Katharine B. Silbaugh

Faculty Scholarship

In this Essay, the author addresses criticism of the testing movement by education experts such as Jonathan Kozol. She explores the similarities in the discourses of philosophical discussions of commodification and behavioural economic discussions of intrinsic motivations. One conclusion that the author draws is that the comparison between the testing movement and commodification literature is not perfect, but they have both been counted, compared and measured, and flattened or thinned out of values.

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Harvesting Intellectual Property: Inspired Beginnings And 'Work-Makes-Work,' Two Stages In The Creative Processes Of Artists And Innovators, Jessica Silbey Jan 2011

Harvesting Intellectual Property: Inspired Beginnings And 'Work-Makes-Work,' Two Stages In The Creative Processes Of Artists And Innovators, Jessica Silbey

Faculty Scholarship

This Article is part of a larger empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents, and business partners. The book-length project involves the collecting and analysis of stories from artists, scientists, and engineers about how and why they create and innovate. It also collects stories from their employers, business partners, managers, and lawyers about their role in facilitating the process of creating and innovating. The book’s aim is to make sense of the intersection between intellectual property law and creative and innovative activity, specifically to discern how intellectual property intervenes in the careers of the …

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Eagle Party, Jay D. Wexler Jan 2011

Eagle Party, Jay D. Wexler

Faculty Scholarship

The Rocky Mountain Arsenal National Wildlife Refuge is a straight shot up Havana Street off of I-70 just east of downtown Denver, past an Office Depot and the national headquarters of a company called Scott’s Liquid Gold. No signs point to the Refuge, which was created on the site of a chemical munitions facility back in the mid-1990s and is now home to a herd of bison, dozens of burrowing owls, and so many furry prairie dogs that a roadside sign warns oncoming traffic of their potential “XING.” The entrance is hardly inviting, although the officer working the booth there …

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Higher First Amendment Hurdles For Public Health Regulation, Kevin Outterson Jan 2011

Higher First Amendment Hurdles For Public Health Regulation, Kevin Outterson

Faculty Scholarship

In 2007, Vermont enacted the Prescription Confidentiality Law, prohibiting pharmacies from selling “prescriber-identifiable” prescription information to data-mining companies such as IMS Health and Verispan. These companies aggregate such data and sell them to many groups, including drug companies, so when drug sales representatives visit a physician, they can know exactly what prescriptions the physician has written.

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An Inductive Understanding Of Separation Of Powers, Jack M. Beermann Jan 2011

An Inductive Understanding Of Separation Of Powers, Jack M. Beermann

Faculty Scholarship

Separation of powers is one of least understood doctrines in U.S. law and politics. Underlying a great deal of separation of powers analysis is the conventional view that the United States Constitution requires a strict separation between the three branches of government and that efforts within one branch to influence or control the exercise of another branch’s powers are illegitimate and should be rejected whenever possible. Although its simplicity might be appealing, this image of strict separation is inconsistent with both the Framers’ understanding of separation of powers and with the law as developed by the Supreme Court in the …

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A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park Jan 2011

A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park

Faculty Scholarship

Few matters prove as slippery as the allocation of tasks between judges and arbitrators in commercial disputes. A choice to arbitrate implicates waiver of access to otherwise competent courts in favor of adjudication which is both private and binding. Respect for this bargain means that judges should not normally disturb an arbitrator’s substantive conclusions.

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Rethinking Radicalization, Randy Borum Jan 2011

Rethinking Radicalization, Randy Borum

Journal of Strategic Security

No abstract provided.

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The Development Of British Defence Policy: Blair, Brown And Beyond. By David Brown, Ed. (Burlington, Vt: Ashgate Publishing Company, 2010), Edward M. Roche Jan 2011

The Development Of British Defence Policy: Blair, Brown And Beyond. By David Brown, Ed. (Burlington, Vt: Ashgate Publishing Company, 2010), Edward M. Roche

Journal of Strategic Security

No abstract provided.

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Radicalization And The Use Of Social Media, Robin L. Thompson Jan 2011

Radicalization And The Use Of Social Media, Robin L. Thompson

Journal of Strategic Security

The use of social media tools by individuals and organizations to radicalize individuals for political and social change has become increasingly popular as the Internet penetrates more of the world and mobile computing devices are more accessible. To establish a construct for radicalization,the power and reach of social media will be described so there is common understanding of what social media is and how it is utilized by various individuals and groups. The second section will answer the question of why social media applications are the perfect platform for the radical voice. Finally, the use of social media and its …

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Radicalization Into Violent Extremism I: A Review Of Social Science Theories, Randy Borum Jan 2011

Radicalization Into Violent Extremism I: A Review Of Social Science Theories, Randy Borum

Journal of Strategic Security

In discourse about countering terrorism, the term "radicalization" is widely used, but remains poorly defined. To focus narrowly on ideological radicalization risks implying that radical beliefs are a proxy—or at least a necessary precursor—for terrorism, though we know this not to be true.Different pathways and mechanisms of terrorism involvement operate in different ways for different people at different points in time and perhaps in different contexts. This article explores the problems in defining radicalization and radicalism, and suggests that radicalization—and more specifically, involvement in terrorism—might best be viewed as a set of diverse processes. It goes on to review several …

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Radicalization Into Violent Extremism Ii: A Review Of Conceptual Models And Empirical Research, Randy Borum Jan 2011

Radicalization Into Violent Extremism Ii: A Review Of Conceptual Models And Empirical Research, Randy Borum

Journal of Strategic Security

Over the past decade, analysts have proposed several frameworks to explain the process of radicalization into violent extremism (RVE). These frameworks are based primarily on rational, conceptual models which are neither guided by theory nor derived from systematic research. This article reviews recent (post-9/11) conceptual models of the radicalization process and recent (post-9/11) empirical studies of RVE. It emphasizes the importance of distinguishing between ideological radicalization and terrorism involvement, though both issues deserve further empirical inquiry.Finally, it summarizes some recent RVE-related research efforts, identifies seven things that social science researchers and operational personnel still need to know about violent radicalization, …

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Cover & Front Matter Jan 2011

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

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Radical Islamism And Migrant Integration In Denmark: An Empirical Inquiry, Marco Goli, Shahamak Rezaei Jan 2011

Radical Islamism And Migrant Integration In Denmark: An Empirical Inquiry, Marco Goli, Shahamak Rezaei

Journal of Strategic Security

It has been suggested that alienation and failed integration may be causes of "Homegrown Radical Islamism" in Western societies. Western countries often expect that migrants and their descendants residing there as citizens will embrace or support common democratic ideals as a predicate for—or consequence of—their societal integration. Conventional wisdom suggests: "The more you associate yourself with the cherished and established goals and means, the more you will disassociate yourself from Radical Islamism," and vice versa. We believe that, quite surprisingly, an empirical test of this idea is lacking. Based on a nationally representative sample of 1,113 youth (ages 15–30) in …

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Friction: How Radicalization Happens To Them And Us. By Clark Mccauley And Sophia Moskalenko (New York: Oxford University Press, 2011), Robin L. Thompson Jan 2011

Friction: How Radicalization Happens To Them And Us. By Clark Mccauley And Sophia Moskalenko (New York: Oxford University Press, 2011), Robin L. Thompson

Journal of Strategic Security

No abstract provided.

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Four Lessons From The Study Of Fundamentalism And Psychology Of Religion, Sara Savage Jan 2011

Four Lessons From The Study Of Fundamentalism And Psychology Of Religion, Sara Savage

Journal of Strategic Security

What lessons can the study of fundamentalism and the psychology of religion teach the newer field of Radicalization and Involvement in Violent Extremism (RIVE)? Four lessons and an intervention are offered in this article: (1) Religion is a robust human experience and cultural product that adopts a defensive shape when its worldview is threatened. (2) This does not mean that all "fundamentalisms" or radical versions of religion are somehow linked or perform similar functions; rather, they reflect the limited human repertoire to threat, yet within different cultural and historical contexts. (3) Causal explanations on the level of the individual are …

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Gangs, Terrorism, And Radicalization, Scott Decker, David Pyrooz Jan 2011

Gangs, Terrorism, And Radicalization, Scott Decker, David Pyrooz

Journal of Strategic Security

What can street gangs tell us about radicalization and extremist groups? At first glance, these two groups seem to push the boundaries of comparison. In this article, we examine the important similarities and differences across criminal, deviant, and extremist groups. Drawing from research on street gangs, this article explores issues such as levels of explanation,organizational structure, group process, and the increasingly important role of technology and the Internet in the context of radicalization. There are points of convergence across these groups, but it is important to understand the differences between these groups. This review finds little evidence to support the …

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Falling From The Legislative Grace: The Acorn Defunding And The Proposed Restraint Of Congress' Appropriations Power Through The Bill Of Attainder Clause, Andrew Kim Jan 2011

Falling From The Legislative Grace: The Acorn Defunding And The Proposed Restraint Of Congress' Appropriations Power Through The Bill Of Attainder Clause, Andrew Kim

American University Law Review

No abstract provided.

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Throwing Out The Threshold: Analyzing The Severability Conundrum Under Rent-A-Center, West, Inc. V. Jackson, Meredith Goldich Jan 2011

Throwing Out The Threshold: Analyzing The Severability Conundrum Under Rent-A-Center, West, Inc. V. Jackson, Meredith Goldich

American University Law Review

No abstract provided.

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The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio Jan 2011

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

American University Law Review

Over the past few years, piracy has exploded off the coast of Somalia. The Somali pirates congregate on a mother ship and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons like AK-47’s and hand-propelled grenades, the Somali pirates then attack civilian ships carrying cargo through the Gulf of Aden, toward South Africa or Asia. Once they have overtaken the victim vessel, pirates typically hijack the vessel’s cargo and crewmembers. The former is often resold to willing buyers (some of which include terrorist organizations like Al Qaeda). The latter are taken to the Somali shore …

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How A Narrow Application Of 'Hot News' Missapropriation Can Help Save Journalism, Brian Westley Jan 2011

How A Narrow Application Of 'Hot News' Missapropriation Can Help Save Journalism, Brian Westley

American University Law Review

No abstract provided.

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