Open Access. Powered by Scholars. Published by Universities.®
![Digital Commons Network](http://assets.bepress.com/20200205/img/dcn/DCsunburst.png)
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Embry-Riddle Aeronautical University (38)
- University of Pennsylvania Carey Law School (30)
- Northwestern Pritzker School of Law (28)
- University of Colorado Law School (21)
- Selected Works (15)
-
- University of Massachusetts Boston (15)
- Duke Law (13)
- University at Buffalo School of Law (11)
- William & Mary Law School (11)
- Georgetown University Law Center (6)
- SelectedWorks (6)
- The University of Maine (6)
- University of Denver (6)
- University of Richmond (6)
- Santa Clara University (5)
- Vanderbilt University Law School (5)
- Cleveland State University (4)
- Columbia Law School (4)
- Maurer School of Law: Indiana University (4)
- University of New Hampshire (4)
- University of Pittsburgh School of Law (4)
- Himmelfarb Health Sciences Library, The George Washington University (3)
- Singapore Management University (3)
- W.E. Upjohn Institute for Employment Research (3)
- City University of New York (CUNY) (2)
- Cornell University Law School (2)
- DePaul University (2)
- Emory University School of Law (2)
- Kennesaw State University (2)
- Old Dominion University (2)
- Keyword
-
- Media & Communications (7)
- Law (6)
- Terrorism (6)
- United States (6)
- Women (6)
-
- China (4)
- Civil Rights (4)
- Courts (4)
- Globalization (4)
- Human Rights (4)
- International Law (4)
- Law and Society (4)
- Legislation (4)
- Native Americans (4)
- Racial Profiling (4)
- West (4)
- Behavioral biology (3)
- Biodiversity (3)
- California (3)
- Civil Procedure (3)
- Conservation (3)
- Constitutional Law (3)
- Criminal Law and Procedure (3)
- Discrimination (3)
- Economics (3)
- Employment (3)
- Endangered Species Act (3)
- Environmental Policy (3)
- Gender (3)
- Governance (3)
- Publication
-
- International Bulletin of Political Psychology (38)
- All Faculty Scholarship (31)
- Journal of Criminal Law and Criminology (28)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (14)
- Faculty Scholarship (11)
-
- Faculty Publications (8)
- Buffalo Environmental Law Journal (7)
- Duke Law & Technology Review (7)
- Georgetown Law Faculty Publications and Other Works (6)
- Human Rights & Human Welfare (6)
- Articles (5)
- New England Journal of Public Policy (5)
- Vanderbilt Law School Faculty Publications (5)
- Jepson School of Leadership Studies articles, book chapters and other publications (4)
- Research to Practice Series, Institute for Community Inclusion (4)
- Santa Clara Magazine (4)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (3)
- Articles by Maurer Faculty (3)
- Bureau of Labor Education (3)
- Journal Articles (3)
- Michael E Lewyn (3)
- RISK: Health, Safety & Environment (1990-2002) (3)
- Research Collection Yong Pung How School Of Law (3)
- William & Mary Environmental Law and Policy Review (3)
- Books, Reports, and Studies (2)
- Center for LGBTQ Studies (CLAGS) (2)
- Christopher C. Cooper Dr. (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles (2)
- Health Policy and Management Issue Briefs (2)
Articles 271 - 289 of 289
Full-Text Articles in Social and Behavioral Sciences
Religion And American Political Judgments, Kent Greenawalt
Religion And American Political Judgments, Kent Greenawalt
Faculty Scholarship
This Article addresses the extent to which officials and citizens should rely directly on their religious convictions to reach political judgments and make political arguments. Reviewing opposing "exclusive" and "inclusive" positions, this Article suggests that officials generally should not articulate arguments in religious terms. Many officials should have a greater freedom to rely on religious bases of judgments, and private citizens should not regard themselves as constrained in the manner of officials. This approach, defended initially from the perspective of detached political philosophy, fits comfortably with a variety of overarching religious views. The constraints it suggests should be regarded as …
Takings Reassessed, Abraham Bell, Gideon Parchomovsky
Takings Reassessed, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
In this Essay, we challenge the conventional typology of constitutional takings by bringing to light a previously unrecognized type of taking-the derivative taking. We show that virtually every exercise of the power of takings generates derivative takings that have largely evaded takings scholars. Furthermore, we demonstrate that the failure of existing takings doctrine to account for derivative takings leads to inefficient and inequitable results. In particular, this failure disproportionately harms the poor. To remedy this problem, we craft an economic model of self-assessment to optimize constitutional protection at low administrative cost. Importantly, our self-assessment mechanism incentivizes property owners to report …
Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen
Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Islands Of Conscious Power: Law, Norms, And The Self-Governing Corporation, Edward B. Rock, Michael L. Wachter
Islands Of Conscious Power: Law, Norms, And The Self-Governing Corporation, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
The Role Of Law In The Functioning Of Federal Systems, George A. Bermann
The Role Of Law In The Functioning Of Federal Systems, George A. Bermann
Faculty Scholarship
Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …
Out Of The Ordinary: Law, Power, Culture, And The Commonplace, Naomi Mezey
Out Of The Ordinary: Law, Power, Culture, And The Commonplace, Naomi Mezey
Georgetown Law Faculty Publications and Other Works
Review of The Common Place of Law: Stories From Everyday Life by Patricia Ewick & Susan S. Silbey (1998).
Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we …
The Market For Medical Ethics, Maxwell Gregg Bloche
The Market For Medical Ethics, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
At the core of Kenneth Arrow’s classic 1963 essay on medical uncertainty is a claim that has failed to carry the day among economists. This claim—that physician adherence to an anti-competitive ethic of fidelity to patients and suppression of pecuniary influences on clinical judgment pushes medical markets toward social optimality—has won Arrow near-iconic status among medical ethicists (and many physicians). Yet conventional wisdom among health economists, including several participants in this symposium, holds that this claim is either naïve or outdated. Health economists admire Arrow’s article for its path-breaking analysis of market failures resulting from information asymmetry, uncertainty, and moral …
Privacy And Power, Rosa Brooks
Privacy And Power, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Something has gone wrong in modem America, argues Jeffrey Rosen in The Unwanted Gaze. Our medical records are bought and sold by health care providers, drug companies, and the insurance industry. Our e-mails are intercepted and read by our employers. Amazon.com knows everything there is to know about our reading and web-browsing habits. Poor Monica Lewinsky's draft love letters to President Bill Clinton were seized by the villainous Ken Starr, and ultimately plastered all over the nation's newspapers.
To Rosen, the nature of the problem is clear: These examples are all part of a troubling "phenomenon that affects all …
The Soul Of A New Political Machine: The Online, The Color Line And Electronic Democracy, Eben Moglen, Pamela S. Karlan
The Soul Of A New Political Machine: The Online, The Color Line And Electronic Democracy, Eben Moglen, Pamela S. Karlan
Faculty Scholarship
In this Essay, we want to suggest two ways in which people's experience with the Internet may affect how they think politics ought to be organized, and to consider the consequences for the political aspirations of minority communities. First, the notion of "virtual communities” – that is, communities that affiliate along nongeographic lines – may provide new support for alternatives to traditional geographic districting practices. As Americans become more comfortable with the idea that people can belong to voluntarily created, overlapping, fluid, nongeographically defined communities, which may be as important as the physical communities in which they live, they may …
Sentencing Eddie, Gerard E. Lynch
Sentencing Eddie, Gerard E. Lynch
Faculty Scholarship
The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Nancy Levit
The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.
The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …
Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof
Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof
kirby farrell
A reassessment of Oscar Wilde's conviction for sexual offenses. Wilde's trial responded to polarization in fantasies of respectability in late Victorian culture, with the fear of social death underlying anxieties about homosexuality.
The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis
The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper sets out to theorise the production of ‘ethnic’ and ‘national’ conflict via the complex interrelation between ‘Nation’ and ‘State’, in what is termed as the nation-state dialectic. It considers the production of ‘ethnic conflict’ and the role of nationalism, the state and class politics. It theorises the State as a social relation and as a power structure and then proceeds in linking it to the emergence of the nation-state construct. In theorising ‘the State’, the attempt is to go beyond considering it merely as a juridical-legal apparatus of power in a given territory, but to explore it also …
Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis
Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis
Nicos Trimikliniotis
The question of ‘modernisation’ of the state in Cyprus has recently received a great deal of attention in Cypriot politics. During the last Parliamentary elections in May 2000, the question of ‘modernisation’ entered the political dictionary of the mainstream parties. All political forces professed to be ‘European’, they pledged commitment to the EU accession process and the debate over ‘modernisation’ was closely linked to the policies of harmonisation with the EU in the light of accession. However, little critical work exists to examine Europeanisation that assesses the specific policies employed, the policy goals and kind of issues the processes entails. …
6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado
6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado
Thomas D. Lyon
Parental Assessment Of College Character: Brand Identity And Consumer Behavior In Higher Education, Oscar T. Mcknight, Ronald Paugh, Emily Newton
Parental Assessment Of College Character: Brand Identity And Consumer Behavior In Higher Education, Oscar T. Mcknight, Ronald Paugh, Emily Newton
Oscar T McKnight Ph.D.
The concept of character development in higher education enjoys considerable professional support. Moreover, commercial marketers are aggressively promoting brand image and brand character to differentiate their products and services. However, there is a paucity of research on the marketing of a university's brand character. This exploratory research examines parental assessment of college character , its conceptual components and hierarchical factor structure. A discussion highlights practical implications for the marketing of a college's brand character.
Teoria, Metodo E Analise: As Interconexões Necessárias No Estudo Das Crianças E Das Famílias, Jonathan Tudge, Fabienne Doucet, Sherrill W. Hayes
Teoria, Metodo E Analise: As Interconexões Necessárias No Estudo Das Crianças E Das Famílias, Jonathan Tudge, Fabienne Doucet, Sherrill W. Hayes
Sherrill W. Hayes
A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig B. Mousin
A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig B. Mousin
Craig B. Mousin
No abstract provided.