Social and Behavioral Sciences Commons^™

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

Treatment Of Saltcedar (Tamarix Spp.): Economics And Feasibility, Christopher L. Thompson

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The invasive species Saltcedar is affecting water and land resources throughout the western states of America. Because of great water use capabilities and other ecosystem detriments, Saltcedar has been targeted for treatment.

For successful management of Saltcedar, individual landowners need to be aware of the costs and benefits of treating Saltcedar. Eleven of the most commonly reported treatment methods were evaluated for firm level economic feasibility. Evaluated on the basis of treatment cost, treatment effectiveness, Saltcedar water-use, and re-vegetation water-use, a production plan of ten years was created for each treatment method. Some treatment methods required re-treatment and were evaluated …

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.

The Social Psychology Of Evil: Can The Law Prevent Groups From Making Good People Go Bad?, David Crump

BYU Law Review

No abstract provided.

Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

BYU Law Review

No abstract provided.

Judicial Fact-Finding At Sentencing, Stephanos Bibas

All Faculty Scholarship

This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen

Research Collection Yong Pung How School Of Law

The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …

An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos

Archived Theses and Dissertations

Three important global issues - climate change, migration, and human rights- form an emerging triangle because of their interrelatedness. However, critical analysis of the relationship between these three issues apart from an as yet legally meaningless discourse about an imminent global catastrophe of 250 million 'climate refugees' has been limited. This paper examines the climate change, migration, and human rights triangle through the lens of the Pacific, where some of the states most severely threatened by climate change can be found. Extremely small Pacific states whose inhabitants have lived on coral reef islands (called atolls) for more than 2000 years, …

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.

Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne

Péter Cserne

No abstract provided.

Paul’S Contextualization Of The Gospel Before The Areopagus In Acts 17, Philip J. Luca

Senior Honors Theses

The following thesis is an analysis on Paul’s presentation of the gospel to the Areopagus as recorded in Acts 17:22-31. The reasons behind his drastic permutation of the kerygma will be scrutinized by studying the exposition of the main components of the speech in parallel with an analysis of his audience. The objective of the thesis is to investigate the Apostle’s consistency with the orthodox kerygma as well as his interaction with the Gentile listeners. In conclusion, consequences for a relevant gospel presentation today will be proposed in light of Paul’s homily to the Areopagite Council.

Extended Time Off Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Workplace Flexibility 2010 defines Extended Time Off (EXTO) as time taken off from work for a single reason that extends for more than five days but less than one year.

EXTO may be brief in nature (e.g., a few weeks), when taken, for example, for a vacation, to recover from minor surgery, or to comply with a public health quarantine request. EXTO may also be longer in nature (e.g., a month or more), when taken, for example, for maternity/paternity purposes, for elder care, for military duty, or for a sabbatical from work.

EXTO (either brief or prolonged) may be unpaid …

Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy

Antoinette Rouvroy

Voir ce qui se passe dans sa rue, sur une plage aux Maldives ou au Nord-Kivu, au mètre près et en teps réel, ou presque. C'est le pari de e-Corce, un concept d'observation de la terre imaginé par l'agence spatiale française. Super Google Earth ou Big Brother?

Fact Sheet On Extended Time Off (Exto), Workplace Flexibility 2010, Georgetown University Law Center, Urban Institute

Memos and Fact Sheets

The Need for Extended Time Off (EXTO):

1. New children: More women and mothers are working, and there is an increase in the number of couples with children in which both parents work.
2. Health issues: According to a 2000 survey of employees regarding the Family & Medical Leave Act (FMLA), among those who took FMLA leave, more than half, 52.4%, of workers used the leave to attend to their own health conditions. Thirteen percent reported taking leave to care for a parent and nearly 12% reported using leave to care for an ill child.
3. The need for paid EXTO: Despite the …

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Paolo Santella

No abstract provided.

A Comparative Analysis Of The Legal Obstacles To Institutional Investor Activism In Europe And In The Us (Pdf Format), Paolo Santella, Enrico Baffi, Carlo Drago, Dino Lattuca

Carlo Drago

No abstract provided.

The Perfect Storm Of Patent Reform?, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll

All Faculty Scholarship

In this Article, I estimate the tax revenue effects of taxing private equity carried interests as ordinary income rather than as long-term capital gain as under current law. Under reasonable assumptions, I conclude that the expected present value of additional tax collections would be between 1 percent and 1.5 percent of capital invested in private equity funds, or between $2 billion and $3 billion a year. That estimate, however, makes no allowance for changes in the structure of such funds or the composition of the partnerships, which might substantially reduce tax revenues below those estimates.

Yes We Did, Photograph

Textual material from the Rodney Lawrence Hurst, Sr. Papers

MoveOn.org print.

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Foreign Policy Myths Debunked." The Nation. October 6, 2008.

The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin

Sabrina Safrin

This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. Exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves, or double-standards, when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive …

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Criminal Justice Faculty Research

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …

Now He Belong To The Ages: Memorializing Abraham Lincoln, Jonathan Jeffrey

SCL Faculty and Staff Publications

Reviled by many of his fellow Kentuckians while he was president, Abraham Lincoln became Kentucky’s, and America’s, idol during the 20th century. The Commonwealth is home to a growing list of notable Lincoln memorials. This article examines the history and folklore surrounding a number of these monuments.

Speak Softly...With Everyone You Can, Todd Landman

Human Rights & Human Welfare

From the Monroe Doctrine to the Bush Doctrine, United States foreign policy has been predicated on the assumption that somehow it knows what is best for the rest of the world. Monroe feared a potential encroachment from Russia and meddling in the "American" Hemisphere by the European powers and issued what originally appeared as a modest statement about resistance to intervention by any other country than the United States . Ironically enforced by the British Navy at that time, the Monroe Doctrine went far beyond its modest beginnings to set a precedent for the development of U.S. foreign policy. The …

Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele

Human Rights & Human Welfare

There has been a vivid tendency this year by the conventional keepers of Washington wisdom to explicate the two presidential candidates' foreign policy views using old frameworks of "hawk" and "dove." Not only is this binary wrong, it fundamentally obscures some rather ironic potentials for how each candidate, if elected president, will focus upon human rights in their foreign policy. McCain's neoconservative view of the world is founded upon the Wilsonian call for democratization-culminating in what he terms a "League of Democracies." To use a concept that Arnold Wolfers first coined, and one which Joshua Muravchik has proffered as well, …

America As An Ordinary Nation, William F. Felice

Human Rights & Human Welfare

For decades, scholars of international relations have called attention to the limits of American power. For example, in 1976 Cornel University Press published America as an Ordinary Country: U.S. Foreign Policy and the Future , edited by Richard Rosecrance. As the title indicates, Rosecrance's book analyzed the impact of the economic, military, and foreign policy setbacks of the 1970s on U.S. power. Suddenly the U.S. seemed less the powerful, "indispensible" leader and more the vulnerable, "ordinary" country unable to control external forces lashing the society's economy and foreign policy. These insights led many scholars to call for a reassessment of …

Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison

Human Rights & Human Welfare

The United States ' election in 2004 was based on a number of foreign policy myths. Three of the most obvious were:

• The war in Iraq was necessary as a response to the threat of international terrorism. As a result, the world is now a safer place;
• The institutions of the UN are corrupt and do nothing but restrict American power;
• Al Qaeda and international terrorism more generally are extremely significant threats to American national security

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected …

Data Note: Tracking Employment And Day Support Participation And Outcomes In State Intellectual Disability And Developmental Disability Agencies, Samita Bhattarai, Jean E. Winsor

Data Note Series, Institute for Community Inclusion

As a part of the FY2007 National Survey of Day and Employment Programs data was requested from state Intellectual Disabilities and Developmental Disabilities (ID/DD) agencies regarding the sources of information used to report the total number of individuals served in the following services categories: integrated employment, facility-based work, community-based non work, and facility-based non work. Data on sources is an important factor to note when comparing each state’s service outcomes over time. Collecting information on the source of the data can help to explain unexpected trends in state service distribution when the state has not implemented changes in policy or …

Exacerbating Injustice, Stephanos Bibas

All Faculty Scholarship

This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …