Law and Society Commons^™

May 20, 2005, Ifc Consultation Advisory No.8, Ann Pasco

IFC E&S Performance Standards

No abstract provided.

Law And Human Nature: The Social-Adaptive Function Of The Normative Behavior, Atahualpa Fernandez

ExpressO

The objective of this article is to offer a critical (re)interpretation of genesis and evolution, object and purpose, as well as useful qualified methods for interpreting, justifying and applying modern practical law, all with the intention of putting philosophic thought and contemporary formal theory of reason at the service of hermeutics and juridical argumentation. Law is no more—no less—than an social-adaptive strategy, evermore complex, but always noticeably deficient, used to articulate argumentatively—in fact, not always with justice—through the virtue of prudence, elementary relational social ties through which men construct approved styles of interaction and social structure, i.e., to organize and …

What Is Legal Doctrine, Emerson Tiller, Frank B. Cross

Public Law and Legal Theory Papers

Legal doctrine is the currency of the law. In many respects, doctrine is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied. Researchers from the legal academy and from political science departments have conducted extensive research on the law, but they have largely ignored the others’ efforts. Part of the reason for this unfortunate disconnect is that neither has effectively come to grips with the descriptive meaning of legal doctrine. In this article, we attempt to describe …

Turning Gold Into Epg: Lessons From Low-Tech Democratic Experimentalism For Electronic Rulemaking And Other Ventures In Cyberdemocracy , Peter M. Shane

The Ohio State University Moritz College of Law Working Paper Series

Empowered Participatory Governance, or EPG, is a model of governance developed by Archon Fung and Erik Olin Wright that seeks to connect a set of normative commitments for strengthening democracy with a set of institutional design prescriptions intended to meet that objective. It is derived partly from democratic theory and partly from the study of real-world attempts to institutionalize transformative strategies for democratizing social and political decision making. This paper reviews Fung and Wright's recent volume, Deepening Democracy: Institutional Innovations in Empowered Participatory Governance, and considers the relevance of the authors' and other contributors' insights for the future of a …

Harmonizing Business Laws In Africa: Ohada Calls The Tune, Claire M. Dickerson

ExpressO

OHADA (in English, “Organization for Harmonization in Africa of Business Laws”) is a system of business laws and implementing institutions. Sixteen West African nations adopted this regime in order to increase their attractiveness to foreign investment. Because most of the member-states are former French colonies, the OHADA laws are based on the French legal system. Despite certain economists’ recent, well-publicized assertions that any French-based legal system is incompatible with development, other studies challenge those claims and in doing so outline characteristics that a pro-development system of business laws should possess. A review of selected provisions from OHADA’s corporate law and …

Markets & Democracy: The Illegitimacy Of Corporate Law, Daniel J.H. Greenwood

ExpressO

Corporate law does not conform to ordinary democratic norms. Unlike human citizens, corporations may decide which law will govern their most fundamental acts of self-governance. The corporate law corporation choose in turn influences the corporate goals and decision-making processes that determine what the corporation looks for in corporate law in a reflexive system independent of ordinary political processes.

This system seems on its face to violate the most fundamental principle of popular sovereignty–all non-Delaware citizens of the United States are excluded from even formal participation in the process of determining American corporate law, and even Delaware citizens are reduced to …

May 12, 2005, Cao, Reference Group Meeting Draft Agenda, Cao

CAO General 1999-Present

No abstract provided.

May 10, 2005, Ltr From M. Taylor To D. Hunter, Re Ifc Performance Standards, Meg Taylor

CAO General 1999-Present

No abstract provided.

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …

May 5, 2005, Cao Agenda, Cao

CAO General 1999-Present

No abstract provided.

May 5-6 2005, Cao, Agenda Strategic Advisors Meeting, Cao

CAO General 1999-Present

No abstract provided.

May 5, 2005, M. Taylor, Summary Of Cao Origins For Paul Wolfowitz, Meg Taylor

CAO General 1999-Present

No abstract provided.

It's All Right To Be Wrong, Sometimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?

The Abolition Of Wealth Transfer Taxes: Lessons From Canada, Australia, And New Zealand, David G. Duff

ExpressO

When the United States acted to phase-out its estate tax by 2010, it joined a small but growing group of countries which have also repealed their wealth transfer taxes. In Canada, federal gift and estate taxes were repealed in 1972 and provincial wealth transfer taxes were abolished in the 1970s and 1980s. In Australia, State and Commonwealth wealth transfer taxes were repealed in the late 1970s and early 1980s. New Zealand followed suit in the 1990s, reducing estate tax rates to zero in 1992 and repealing the tax in 1999.

This paper reviews the abolition of wealth transfer taxes in …

The Drm Dilemma: Re-Aligning Rights Under The Digital Millennium Copyright Act, Jacqueline D. Lipton

ExpressO

The Digital Millennium Copyright Act (‘DMCA’) prevents unauthorized copying and distribution of digital copyright works by regulating devices that can be used to circumvent Digital Rights Management (‘DRM’) measures that are used to restrict access to those works. A significant problem is that those devices, like many new technologies, have the potential to be used for both socially harmful and socially beneficial purposes. There is no obvious way for Congress to regulate circumvention devices to prevent the social harms, while at the same time facilitating the social benefits they might provide. Recent judicial interpretations of the DMCA have unsurprisingly erred …

Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super

Faculty Scholarship

Some state food stamp agencies are overly aggressive in pursuing charges that claimants have committed intentional program violations. Just as failure to pursue allegations of fraud can undermine the Food Stamp Program’s goals, so can intimidation of claimants. States should take care to follow appropriate procedures in their investigations, and Food and Nutrition Service regulations offer ample grounds to advocate fair treatment of clients. Four key principles should guide states’ antifraud efforts.

May 2005, Dfid, Comments Of The Uk's Dfid On Ifc Safeguards Rev, Ifc

IFC E&S Performance Standards

No abstract provided.

In Praise Of Richard Weisberg And Engaged Scholarship, Sanford Levinson

Cardozo Law Review

No abstract provided.

Robert Dahl's How Democratic Is The American Constitution?: An Introduction, With Notes On The Electoral College, Michael Herz

Cardozo Law Review

No abstract provided.

Remarks On Robert Dahl's How Democratic Is The American Constitution?, John P. Mccormick

Cardozo Law Review

No abstract provided.

Equality, Objectivity, And Neutrality, Alafair S. Burke

Michigan Law Review

When is homicide reasonable? That familiar, yet unanswered question continues to intrigue both courts and criminal law scholars, in large part because any response must first address the question, "reasonable to whom?" The standard story about why that threshold question is both difficult and interesting usually involves a juxtaposition of "objective" and "subjective" standards for judging claims of reasonableness. On the one hand, the story goes, is a "subjective" standard of reasonableness under which jurors evaluate the reasonableness of a criminal defendant's beliefs and actions by comparing them to those of a hypothetical reasonable person sharing all of the individual …

Addressing Imperfections In The Tax System: Procedural Or Substantive Reform?, Leandra Lederman, Stephen W. Mazza

Michigan Law Review

Books about tax administration tend to fall into one of two broad categories: those that paint the Internal Revenue Service ("IRS") as an agency peopled by corrupt, out-of-control bureaucrats who take pleasure in seeing innocent taxpayers suffer, and those that tell readers how to structure their affairs to minimize the risk of incurring an IRS employee's wrath during a tax audit. Perfectly Legal, the full title of which communicates David Cay Johnston's intent to focus on the tax system, does neither of those things. Instead, it is a book much like The Great American Tax Dodge, which explained …

United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu

University of Richmond Law Review

No abstract provided.

Food Law & Policy: An Essay, Peter Barton Hutt

Journal of Food Law & Policy

Food has been the driving preoccupation of humans since the dawn of evolution. Exactly when food processing began and when the original hunter-gatherers settled down to develop agriculture-or even the question of which of these occurred first-remain issues of scholarly pursuit and debate. It is clear, however, that these events occurred millennia before the advent of recorded history; therefore, we must rely on largely adventitious discoveries of archeological artifacts to advance our developing knowledge of these events.

National Identity In A Multicultural Nation: The Challenge Of Immigration Law And Immigrants, Kevin R. Johnson, Bill Ong Hing

Michigan Law Review

Samuel Huntington's provocative new book Who Are We?: The Challenges to National Identity is rich with insights about the negative impacts of globalization and the burgeoning estrangement of people and businesses in the United States from a truly American identity. The daunting question posed by the title of the book is well worth asking. After commencing the new millennium with wars in Afghanistan and Iraq, U.S. military torture of Iraqi prisoners, indefinite detentions of U.S. citizens declared by the President to be "enemy combatants," and a massive domestic "war on terror" that has punished and frightened Arab, Muslim, and other …

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …

It's All Right To Be Wrong, Sometimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?

Body And Soul Under The Law, And The Response From Law And Literature In Bartleby, The Scrivener And Billy Budd, Sailor, Thane Rosenbaum

Cardozo Law Review

No abstract provided.

The Enemy Has No Future: Figure Of The >Political, Anselm Haverkamp

Cardozo Law Review

No abstract provided.

The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz

San Diego International Law Journal

This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.