Social and Behavioral Sciences Commons^™

A Modest Movie Migration: Digitizing And Providing Institutional Repository Access To A Small Archive Of Motion Picture Films At A Liberal Arts College, Benjamin A. R. Tucker

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What does a liberal arts college library do with its small archive of aging motion picture films without access to expensive digitization equipment or staff with specialized expertise? The same thing libraries always do: the best job possible for library users with the resources available. This column chronicles some aspects of working with a small film archive at a liberal arts college library, including reference materials, nitrate and acetate film, vendor digitization, and access via digital institutional repository.

Migrant Workers’ Access To Justice At Home: Indonesia, Bassina Farbenblum, Eleanor Taylor-Nicholson, Sarah Paoletti

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Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. They are typically women from small cities or villages with primary education and limited work experience, hired to perform domestic work. Many suffer abuse and exploitation but have virtually no access to recourse within their host country’s legal system.

The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Access to justice at home also allows for redress when home governments and private recruitment businesses breach their legal responsibilities to migrant …

Coase, Herbert J. Hovenkamp

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This brief essay considers the career, contributions, and influence of Ronald Coase, who passed away in September, 2013. Comments are welcome.

The Wires Go To War: The U.S. Experiment With Government Ownership Of The Telephone System During World War I, Michael A. Janson, Christopher S. Yoo

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One of the most distinctive characteristics of the U.S. telephone system is that it has always been privately owned, in stark contrast to the pattern of government ownership followed by virtually every other nation. What is not widely known is how close the United States came to falling in line with the rest of the world. For the one-year period following July 31, 1918, the exigencies of World War I led the federal government to take over the U.S. telephone system. A close examination of this episode sheds new light into a number of current policy issues. The history confirms …

Neuroscience And The Future Of Personhood And Responsibility, Stephen J. Morse

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This is a chapter in a book, Constitution 3.0: Freedom and Technological Change, edited by Jeffrey Rosen and Benjamin Wittes and published by Brookings. It considers whether likely advances in neuroscience will fundamentally alter our conceptions of human agency, of what it means to be a person, and of responsibility for action. I argue that neuroscience poses no such radical threat now and in the immediate future and it is unlikely ever to pose such a threat unless it or other sciences decisively resolve the mind-body problem. I suggest that until that happens, neuroscience might contribute to the reform of …

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

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The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

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The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …

Alexander's Genius, Mitchell N. Berman

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No abstract provided.

Pragmatic Rationality And Risk, Claire Oakes Finkelstein

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Pragmatic theories focus on whether agents fare better acting on the basis of a particular intention or plan, rather than whether this can be justified in terms of the expected utility associated with the plan. This article argues that, while attractive, pragmatic theories have difficulty vindicating the rationality of plans involving an element of risk. In “Assure and Threaten,” David Gauthier noticed this difficulty with respect to deterrent threats. This article argues that the same difficulty exists for assurances involving an element of risk. It then explores whether Pragmatists could solve the shortcomings of their approach by adopting the Chance …

International Law And The Domestic Separation Of Powers, Jean Galbraith

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No abstract provided.

Pluralistic Nonoriginalism And The Combinability Problem, Mitchell N. Berman, Kevin Toh

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No abstract provided.

On What Distinguishes New Originalism From Old: A Jurisprudential Take, Mitchell N. Berman

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No abstract provided.

Why Women's Leadership Is The Cause Of Our Time, Rangita De Silva De Alwis

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Women continue to be underrepresented in leadership positions throughout the world. Yet, studies show that the exclusion of women from politics and public service negatively impacts the public good. Identifying women's leadership as the economic and moral imperative of our time, this Article explores the way in which greater representation of women in leadership positions yields beneficial results for both women and men, as well as social and economic progress. By examining the reasons for the substantial barriers women face in obtaining such positions, including the masculinization of politics, gendered caregiving responsibilities, and gender violence, this Article concludes that unless …

Happiness Surveys And Public Policy: What’S The Use?, Matthew D. Adler

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This Article provides a comprehensive, critical overview of proposals to use happiness surveys for steering public policy. Happiness or “subjective well-being” surveys ask individuals to rate their present happiness, life-satisfaction, affective state, etc. A massive literature now engages in such surveys or correlates survey responses with individual attributes. And, increasingly, scholars argue for the policy relevance of happiness data: in particular, as a basis for calculating aggregates such as “gross national happiness,” or for calculating monetary equivalents for non-market goods based on coefficients in a happiness equation.

But is individual well-being equivalent to happiness? The happiness literature tends to blur …

Privacy Law: Positive Theory And Normative Practice, Anita L. Allen

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No abstract provided.