Social and Behavioral Sciences Commons^™

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.

Marital History And Retirement Security: An Empirical Analysis Of The Work, Family, And Gender Relationship, Lauren A. Martin Palmer

Graduate Doctoral Dissertations

This dissertation investigates the relationship between marital history and individuals’ retirement resources, namely Social Security, employer-sponsored pensions, and non-housing wealth. Prior research provides a foundation for understanding marriage’s positive relationship to retirement security, and suggests that marriage is financially beneficial and can even lessen some external factors that would otherwise damage a family’s financial situation. Yet changing demographics, with fewer people in first marriages and rising numbers of individuals experiencing divorce and choosing to remain unmarried, suggest our understanding of this relationship for today’s retirees may be limited. The purpose of this research is to identify which aspects of complex …

The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp

All Faculty Scholarship

This essay is a brief review of Thomas C. Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (Princeton Univ. Press 2016).

Laguna Beach Pd Policy Manual

Subfederal Government Responses

No abstract provided.

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …

Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha

Environmental Studies Faculty Publications

A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies …

Trending @ Rwu Law: Dean Yelnosky's Post: Why I Tweet Every Day, Michael Yelnosky

Law School Blogs

No abstract provided.

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman

Publications and Research

A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.

Puerto Rico’S Community Health Centers In A Time Of Crisis, Peter Shin, Jessica Sharac, Marie Nina Luis, Sara J. Rosenbaum

Geiger Gibson/RCHN Community Health Foundation Research Collaborative

In 2014, Puerto Rico’s twenty federally funded community health centers, operating in 71 sites located throughout the Commonwealth, served 330,736 patients, approximately one in ten Commonwealth residents. Compared to other Puerto Rico residents, health center patients are less likely to be insured. Despite considerable growth in Medicaid as a result of the supplemental funding provided under the Affordable Care Act, in 2014, 12.2% of health center patients remained uninsured.

Compared to health centers outside Puerto Rico, Puerto Rico’s health centers show a greater proportion of Medicaid patients served (69% compared to 46% outside Puerto Rico), a greater dependence on physician …

Regulation And Business Behavior, Neil Gunningham, Robert Kagan

Robert Kagan

Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."

48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan

Robert Kagan

This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …

Policing Identities: Cop Decision Making And The Constitution Of Citizens, Trish Oberweis, Michael Musheno

Michael Musheno

Examines police decision making by focusing on stories from 10 officers & drawing together contemporary thought about identities & police subculture. The inquiry suggests that police decision making is both improvisational & patterned. Cops are moral agents who tag people with identities as they project identities of their own. They engage in raw forms of division or stereotyping, marking some as Others to be feared & themselves as protectors of society, while exercising their coercive powers to punish "the bad." Due, in part, to the many ways that they identify themselves, cops also connect with people as unique individuals, including …

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Barry A Krisberg

No abstract provided.

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.

Even Judging Woodrow Wilson By The Standards Of His Own Time, He Was Deplorably Racist, Nancy Unger

History

The news that Princeton acquiesced to student demands that the university confront the racism of Woodrow Wilson set off a series of responses. Some protest that it is unfair to judge the 28th president by present day standards. These pundits, almost all white, proclaim that Wilson must be understood within the context of his own time. The inference of such an assertion is that in times of pervasive racism it is reasonable for a leader to perpetuate it. Setting aside the assumption that morals are relative rather than absolute, let’s examine Wilson’s actions within his times.

The Criminal Law And The Luck Of The Draw, Sanford Kadish

Sanford Kadish

No abstract provided.

Reckless Complicity, Sanford Kadish

Sanford Kadish

No abstract provided.

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen

Robert Kagan

No abstract provided.

Symbolism And Incommensurability In Civil Sanctioning: Decision Makers As Goal Managers, Jennifer Robbennolt, John Darley, Robert Maccoun

Robert MacCoun

No abstract provided.

Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan

Norman Poythress

No abstract provided.