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Articles 1 - 30 of 165
Full-Text Articles in Law
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod
Northwestern University Law Review
Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article—the first empirical study of the defense experience of cooperation—begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District …
Borders And Water Conflicts: Mitigating Conflicts With Love And Cooperation, Peter J. Longo, Anthony B. Schutz, James M. Scott
Borders And Water Conflicts: Mitigating Conflicts With Love And Cooperation, Peter J. Longo, Anthony B. Schutz, James M. Scott
Natural Resources Journal
Borders are political constructs, not constructs derived from laws of nature. Borders carry more potential for conflict than any other matter in political relations. In international relations, wars have been fought over borders and territory. But, territory does not necessarily entail a dispute about the geographic location of a border. Trans-boundary natural resources disputes emerge because the laws of nature do not bend to this peculiar human construct. As much can be seen in international and intra-state water conflicts, where political boundaries provide individuals with a tribal identity that eclipses the power of natural resources to tie people together in …
Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan
Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan
Research Collection Lee Kong Chian School Of Business
Integrating theorizing across the mindfulness and negotiation literatures, we hypothesize that mindfulness increases cooperation in negotiations. We further propose that processes of self-transcendence, self-regulation, and self-awareness mediate this effect. We test these hypotheses in five studies across different forms of cooperation, in both distributive and integrative negotiation contexts, and for both measured and experimentally induced mindfulness. In Study 1a, individuals higher on measured state mindfulness displayed greater cooperative orientation measured as preference for pareto-optimal agreements. In Study 1b, experimentally induced mindfulness led to greater cooperative orientation measured as the recall of cooperative heuristics. In Study 2, a distributive (fixed-sum) negotiation, …
Can The Liberal Order Be Sustained? Nations, Network Effects, And The Erosion Of Global Institutions, Bryan H. Druzin
Can The Liberal Order Be Sustained? Nations, Network Effects, And The Erosion Of Global Institutions, Bryan H. Druzin
Michigan Journal of International Law
A growing retreat from multilateralism is threatening to upend the institutions that underpin the liberal international order. This article applies network theory to this crisis in global governance, arguing that policymakers can strengthen these institutions by leveraging network effect pressures. Network effects arise when networks of actors—say language speakers or users of a social media platform—interact and the value one user derives from the network increases as other users join the network (e.g., the more people who speak your language, the more useful it is because there are more people with whom you can communicate). Crucially, network effect pressures produce …
What Regulators Can Learn From Global Health Governance, Cary Coglianese
What Regulators Can Learn From Global Health Governance, Cary Coglianese
All Faculty Scholarship
The Great Pandemic of 2020 shows how much public health around the world depends on effective global and domestic governance. Yet for too long, global health governance and domestic regulatory governance have remained largely separate fields of scholarship and practice. In her book, Global Health Justice and Governance, Jennifer Prah Ruger offers scholars and practitioners of regulatory governance an excellent opportunity to see how domestic regulation shares many of the same problems, strategies, and challenges as global health governance. These commonalities reinforce how much national and subnational regulators can learn from global health governance. Drawing on insights from Prah …
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
A Path To Data-Driven Health Care Enforcement, Jacob T. Elberg
Utah Law Review
The Department of Justice (“DOJ”) has a long-stated goal of encouraging companies to engage in what the author refers to as “compliant behaviors”—maintenance of an effective pre-existing compliance program, post-enforcement adoption of an effective compliance program, cooperation with a government investigation, and self-disclosure of misconduct. Substantial DOJ guidance over the past two decades, along with the concrete incentive structure of the United States Sentencing Guidelines, have increasingly made clear to organizations when and how such behaviors will be rewarded in criminal matters. Recently, DOJ has made transparency and clarity regarding the benefit of compliant behaviors a priority in calculating and …
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
Scholarly Works
Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …
Development And Validation Of A Multidimensional Scale For Measuring Public Confidence In The Criminal Justice System, Jimin Pyo
Dissertations, Theses, and Capstone Projects
Two studies were conducted with an aim of developing multidimensional measures of public confidence that are conceptually integrated, psychometrically sound, and useful in predicting individuals’ law related behaviors. Study 1 involves two-phased construction of scale in which a preliminary inventory was generated (Phase 1) and then finalized after evaluating psychometric properties based on 304 US adults recruited through Amazon’s Mechanical Turk (MTurk) (Phase 2). As a result, six multidimensional scales were constructed respectively for measuring efficiency-, finality-, fairness-, strictness-, accuracy-, and transparency-oriented confidence. Despite more complexity of factor structures than originally expected, results of psychometric evaluation six scales of confidence …
Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law
Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Covid-19 And South-South Trade & Investment Cooperation: Three Emerging Narratives, Olabisi D. Akinkugbe, Clair Gammage
Covid-19 And South-South Trade & Investment Cooperation: Three Emerging Narratives, Olabisi D. Akinkugbe, Clair Gammage
Articles, Book Chapters, & Popular Press
The COVID-19 pandemic has revealed the frailties of economic relations across different aspects of the globalized network. From the national, through the sub-regional, to the regional to the international levels, questions have arisen regarding the seemingly interconnected, yet fractured socio-economic relationships in our modern societies. In this essay we shall focus on the trade and investment dimension of South-South relations that have been affected by the pandemic. In doing so, we shall reveal the (often overlooked or taken for granted) linkages with race in South-South relations. We identify the way(s) in which the Covid-19 pandemic has made obvious the latent …
Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness, Gergana Danailova-Trainor, James Filpi, Norman L. Greene, Salome Tsereteli-Stephens
Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness, Gergana Danailova-Trainor, James Filpi, Norman L. Greene, Salome Tsereteli-Stephens
The International Lawyer
The new law and the corresponding OMB and key foreign aid agencies' guidelines require providers to follow best practices in the monitoring and evaluation (M&E) of U.S government (USG) foreign aid.2 A recent study conducted by the U.S. Government Accountability Office across the key USG foreign aid agencies identified a number of areas that needed improvement in the design, implementation, conclusions, and dissemination of foreign assistance evaluations.3 FATAA and the relevant guidelines will require providers to address those areas and focus their reporting requirements on tangible outcomes and the impact of their programming. In recent years, federal agencies have placed …
Covid-19 And South-South Trade & Investment Cooperation: Three Emerging Narratives, Clair Gammage, Olabisi D. Akinkugbe
Covid-19 And South-South Trade & Investment Cooperation: Three Emerging Narratives, Clair Gammage, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The COVID-19 pandemic has revealed the frailties of economic relations across different aspects of the globalized network. From the national, through the sub-regional, to the regional to the international levels, questions have arisen regarding the seemingly interconnected, yet fractured socio-economic relationships in our modern societies. In this essay we shall focus on the trade and investment dimension of South-South relations that have been affected by the pandemic. In doing so, we shall reveal the (often overlooked or taken for granted) linkages with race in South-South relations. We identify the way(s) in which the Covid-19 pandemic has made obvious the latent …
Don't Disintegrate Microsoft (Yet), Alan J. Meese
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
Law Faculty Scholarship
"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.
Getting The Blend Right: Public-Private Partnerships In Risk Management, Cary Coglianese
Getting The Blend Right: Public-Private Partnerships In Risk Management, Cary Coglianese
All Faculty Scholarship
The question of whether there is too much or too little regulation in the United States has driven much political debate for decades. The more important question, though, is not about getting the right amount of regulation but it is about finding the best ways for the public and private sectors to interact. When it comes to managing risk in society, this latter question is necessarily one of choosing between different kinds of structures—or partnerships—between public and private institutions. Sometimes these partnerships are adversarial, as they can be with government regulation. Other times they are seemingly invisible, such as when …
Identificación De Un Esquema Solidario Para El Sector Agrícola De Buenavista, Boyacá: Un Estudio De Caso Para El 2018, Andrea Paola Preciado Hernández, Sergio Arturo Segura Piza
Identificación De Un Esquema Solidario Para El Sector Agrícola De Buenavista, Boyacá: Un Estudio De Caso Para El 2018, Andrea Paola Preciado Hernández, Sergio Arturo Segura Piza
Economía
En este trabajo se presenta un estudio de caso que busca identificar un esquema de economía solidaria para los 40 asociados pertenecientes a “Huertos de Buenavista”. Para ello, se realiza una revisión documental sobre la concepción de la economía solidaria en el sector rural al detallar los conceptos de solidaridad, cooperación y el efecto que tiene el trabajo asociativo en las comunidades, de esta manera se pueda identificar las problemáticas, los retos, el desempeño y las opiniones de la asociación. Junto a ello, se desarrolla la estimación de un modelo econométrico bajo la metodología de máxima verosimilitud –especificación Logit–, en …
Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, Shi-Ling Hsu
Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, Shi-Ling Hsu
Scholarly Publications
A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing, …
Principles Of Mutual Cooperation Between Law Enforcement Agencies And Civil Society Institutions, B Latipov
Principles Of Mutual Cooperation Between Law Enforcement Agencies And Civil Society Institutions, B Latipov
ProAcademy
This a rticle outlines the scientific, th e o re tica l a n d p ra c tic a l aspects o f c o o p e ra tio n b etw e e n la w e nforcem ent a gencies a n d c ivil society institutions to ensure the effectiveness o f th e ir interaction. B ased on the results o f the analysis, the a u th o r p ro v id e d re le va n t suggestions a n d recom m endations.
From Fedspeak To Forward Guidance: Regulatory Dimensions Of Central Bank Communications, Robert B. Ahdieh
From Fedspeak To Forward Guidance: Regulatory Dimensions Of Central Bank Communications, Robert B. Ahdieh
Robert B. Ahdieh
In the face of the financial crisis that engulfed the globe beginning in 2007, the U.S. Federal Reserve quickly found itself without the key lever of monetary policy on which it had traditionally relied: short-term interest rate adjustments designed to move long-term rates, and thereby expected levels of lending, investment, and capital retention. By late 2008, short-term rates were already close to zero, yet unemployment remained strikingly high – with no sign of any likely renewal of bank lending or commercial investment.
Famously, the Fed embraced so-called quantitative easing – the purchase of massive volumes of public and private debt …
Coordination And Conflict: The Persistent Relevance Of Networks In International Financial Regulation, Robert B. Ahdieh
Coordination And Conflict: The Persistent Relevance Of Networks In International Financial Regulation, Robert B. Ahdieh
Robert B. Ahdieh
Over the last two decades, scholarly enthusiasm about transnational regulatory networks has seen something of a boom-and-bust cycle. Such networks – informal groupings of mid-level national officials, convened to develop nonbinding “soft law” norms of behavior in specialized fields of regulation – were identified as an important new phenomenon, were studied widely, and came to be seen as central pillars of the international legal order, especially in financial regulation. Yet today, regulatory networks go largely unmentioned in polite academic conversation: a kind of “he-who-must-not-be-named” of international law.
Among the many critiques of transnational networks that have contributed to this decline …
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
Journal of Comparative Urban Law and Policy
France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public functions in large …
Insurer Prejudice Analysis Of An Expanding Doctrine In Insurance Coverage Law, Richard L. Suter
Insurer Prejudice Analysis Of An Expanding Doctrine In Insurance Coverage Law, Richard L. Suter
Maine Law Review
All contracts of insurance place certain requirements on the insured both before and after a covered loss has occurred. For example, all insurance policies require that an insured notify the insurer of a covered loss and cooperate with the insurer in the investigation of the loss and in the pursuit or defense of any claims arising out of the loss. Traditionally, if an insured failed to comply with such notification or cooperation requirements, the insurer could flatly deny coverage of the claim. Recently, however, an increasing number of courts are requiring that the insurer show that it has been prejudiced …
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Spite: Legal And Social Implications, Jeffrey L. Harrison
Spite: Legal And Social Implications, Jeffrey L. Harrison
UF Law Faculty Publications
Spite is not a simple concept. The same actions may be motivated by a desire to harm others as a source of the actor’s satisfaction. They may also be a reaction to a personal sense of injustice. Finally, spite-like actions are consistent with simply righting a wrong. This Article makes the case that spite, in its worst from, is comparable to theft. It is a taking of someone’s sense of well-being without consent. It also claims that the purchase of positional goods is ultimately spite driven. It canvasses tort law, contracts, tax law, trademark, and criminal law in an effort …
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
Articles
This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …
Evaluating Financial Integration And Cooperation In The Asean, Brendan Harvey
Evaluating Financial Integration And Cooperation In The Asean, Brendan Harvey
Michigan Business & Entrepreneurial Law Review
Financial integration is less pronounced in the ASEAN than other mea-sures of economic integration. This is particularly apparent when com-pared against other regions that have undergone similar integrative efforts, such as the European Union. Cross-border trade flows, foreign-direct in-vestment, and investment in capital goods outstrip other investment flows. Regional institutional and legal structures governing these investment flows, while limited, present marked achievements towards creating an ASEAN financial community. The gap persists despite suggestions that the Asian Financial Crisis and the Global Financial Crisis (or the North Atlan-tic Financial Crisis from the Asian and Stiglitz perspective) would acceler-ate financial regionalism as …
Reply On The Work Of International Law, Monica Hakimi
Reply On The Work Of International Law, Monica Hakimi
Articles
"In the Article, I distill and then criticize a prominent view about the role of international law in the global order. The view—what I call the “cooperation thesis”—is that international law serves to foster a particular kind of cooperation, specifically to help the participants achieve their common aims and curb their disputes. Lawyers who subscribe to this view of course appreciate that international law is, like all law, often contentious in operation. But they posit that, unless such conflict is overcome, it detracts from cooperation and evinces the limits of international law. That view is wrong. It incorrectly assumes that …
The Work Of International Law, Monica Hakimi
The Work Of International Law, Monica Hakimi
Articles
This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view - what I call the "cooperation thesis" - is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …