Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4261 - 4290 of 29763

Full-Text Articles in Social and Behavioral Sciences

Fixing The Holes In The Endangered Species Act, Alison Adkins Jan 2022

Fixing The Holes In The Endangered Species Act, Alison Adkins

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


¿Qué Es Un Campesino? ¿Qué Son Los Campesinados? Un Breve Documento Sobre Cuestiones De Definición, Marc Edelman Jan 2022

¿Qué Es Un Campesino? ¿Qué Son Los Campesinados? Un Breve Documento Sobre Cuestiones De Definición, Marc Edelman

Publications and Research

En muchos (aunque no todos) los instrumentos internacionales de derechos humanos, el artículo 1.º se utiliza para definir a los titulares de derechos. Las precisiones normativas de este tipo pueden ser controversiales —por ejemplo, en debates sobre quién es un “niño” en el periodo previo a la Convención sobre los Derechos del Niño—, pero también puede serlo su ausencia (como ocurrió con la Declaración sobre los Derechos de los Pueblos Indígenas). La pregunta de cómo definir campesino y campesinado tiene una historia larga, complicada y polémica. Las definiciones de los grupos humanos surgen o son creadas con diferentes propósitos, incluyendo …


Retirement From Trusteeship – Express And Statutory Powers: Supreme Court Case Summary: Chan Yun Cheong (Trustee Of The Will Of The Testator) V Chan Chi Cheong (Trustee Of The Will Of The Testator, Noemi En-Hui Sarah Chaw Jan 2022

Retirement From Trusteeship – Express And Statutory Powers: Supreme Court Case Summary: Chan Yun Cheong (Trustee Of The Will Of The Testator) V Chan Chi Cheong (Trustee Of The Will Of The Testator, Noemi En-Hui Sarah Chaw

Singapore Law Journal (Lexicon)

This case involved two trustees of a testamentary trust,1 both of whom alleged that they had resigned as trustees. Trusteeship is a serious appointment that comes with responsibilities. Under the Trustees Act (Cap 337, 2005 Rev Ed) (“Trustees Act”), which governs trusts in Singapore, once a person takes up a trusteeship, he cannot simply relinquish his duties at will but must do so in accordance with the law and the terms of the trust instrument.


Through The Rocky Road – Divergent Opinions On “No Oral Modification” Clauses: Charles Lim Teng Siang V Hong Choon Hau [2021] 2 Slr 153, Wei Xuan Joel Fun Jan 2022

Through The Rocky Road – Divergent Opinions On “No Oral Modification” Clauses: Charles Lim Teng Siang V Hong Choon Hau [2021] 2 Slr 153, Wei Xuan Joel Fun

Singapore Law Journal (Lexicon)

A no oral modification (“NOM”) clause refers to a contractual clause which seeks to exclude any modification of terms of a particular agreement unless such modifications are made in written form. However, if a party can prove that there has been an oral variation of such an agreement, can the counterparty rely on this clause to invalidate the variation?


Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo Jan 2022

Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo

Singapore Law Journal (Lexicon)

Section 46(1) of the Women’s Charter undergirds the sacrosanct institution that is marriage – it lays out its moral basis and expresses society’s hopes and expectations of the ideal marital relationship: marriage is an equal cooperative partnership of different efforts for mutual benefit. It is thus no surprise that even when a marriage is terminated, the division of matrimonial assets is also founded upon this prevailing ideology. However, as opposed to equal division, Singapore law dictates a “just and equitable” division of matrimonial assets, where wide discretion and power is vested in the judiciary. This legal rule has been criticised …


“Traveling Up And Down”: Reading The Sum Of Us, Kimberly Rae Connor Jan 2022

“Traveling Up And Down”: Reading The Sum Of Us, Kimberly Rae Connor

Journal of Interdisciplinary Perspectives and Scholarship

Kimberly Connor analyzes and recognizes similarities between Heather McGhee’s The Sum of Us and The Narrative of the Life of Sojourner Truth. Similarities include styles of composition, reforming inspiration, and social impact aimed at recognizing diversity as a “superpower.”


The Tension Of Accessible Services And A Living Wage, Lisa De La Rue Jan 2022

The Tension Of Accessible Services And A Living Wage, Lisa De La Rue

Journal of Interdisciplinary Perspectives and Scholarship

In her book The Sum of Us, McGhee discusses how laws and policies are a reflection of society’s dominant beliefs, and that in order to advance meaningful change we must shift these underlying beliefs. Society has long dismissed the importance of comprehensive mental health care. There are prevalent stigmas that see mental health concerns as a weakness, a moral failure, or something that only afflicts a small segment of the population. As McGhee describes, when society views a portion of the populace as inferior and undeserving, services are limited and denied. In regards to mental health care, this denial of …


The Dilemma Of The Sum Of Us, James Taylor Jan 2022

The Dilemma Of The Sum Of Us, James Taylor

Journal of Interdisciplinary Perspectives and Scholarship

In this essay, James Taylor raises many questions about the familiarity of McGhee’s work as well as its reception in the public. In his essay, The Dilemma of The Sum of Us, Taylor ponders why McGhee’s work is so widely embraced and critically acclaimed when there have been many researchers and writers who have shared similar arguments before. His analysis covers works by Gunnar Myrdal among others and he explores how mainstream writers often succeed through “intellectual appeals to white liberal sentimentality”.


Voter Suppression Undermines Public Health For All, Erin Grinshteyn, Laura Chyu, Roman Pabayo Jan 2022

Voter Suppression Undermines Public Health For All, Erin Grinshteyn, Laura Chyu, Roman Pabayo

Journal of Interdisciplinary Perspectives and Scholarship

In the US, policies have actively suppressed the voices of Black, Indigenous, and people of color (BIPOC) while amplifying their oppressors’ voices. In spite of multiple constitutional amendments to guarantee access to the right to vote for those who initially were deprived of this right, attacks on this civil liberty have persisted. While some states have expanded access to voting rights in the past year, many others have made voting more difficult and some states have had a mixed approach of making voting easier in some ways and harder in others. This continued interest in creating systems in which it …


Tutorial 5: Computing Variables, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 5: Computing Variables, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to compute a new variable using existing variables and built-in functions in Jamovi.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 15: Exploring Data - Skewness & Normality, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 15: Exploring Data - Skewness & Normality, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to explore data to assess whether variables that have interval or ratio (ordinal/integer or continuous) measurement types are normally distributed or skewed.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 18: Independent Samples T-Test, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 18: Independent Samples T-Test, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to conduct an independent samples t-test (also known as a between-subjects t test).

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 7: Creating Composite Scores, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 7: Creating Composite Scores, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to create variables that are composite scores.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 6: Recoding Variables, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 6: Recoding Variables, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to recode values in an existing variable.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 19: Paired Samples T-Test, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 19: Paired Samples T-Test, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to conduct a paired samples t-test (also known as a repeated-measures or within-subject t test).

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 25: Single Variable Linear Regression, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 25: Single Variable Linear Regression, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to carry out a linear regression with a single predicting variable.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 17: One Sample T-Test, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 17: One Sample T-Test, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to conduct a one sample t-test.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 23: Contrasts For Two Way Anova, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 23: Contrasts For Two Way Anova, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to conduct planned contrasts and post-hoc contrasts with Two Way ANOVAs.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Tutorial 24: Bivariate Correlations And Scatter Plots, Aline Hitti, Saera R. Khan Jan 2022

Tutorial 24: Bivariate Correlations And Scatter Plots, Aline Hitti, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

This tutorial will cover how to find a correlation between two variables and how to create a scatter plot describing the association between two variables.

This tutorial is one of 27 tutorials funded by a 2021 Gleeson Library OER Faculty Grant. A report summarizing the work completed on the USF Jamovi Tutorial Project can be found on the USF OER Faculty grant section of this repository.


Domsetic Terrorism: Not Actually A Crime, But Desperately In Need Of A Federal Response, Rebecca K. Tucker Jan 2022

Domsetic Terrorism: Not Actually A Crime, But Desperately In Need Of A Federal Response, Rebecca K. Tucker

Lewis & Clark Law Review

Since the founding of the United States, the U.S. Government has dealt with national security threats, both external and internal. While there are federal laws in place to protect the nation against external actors, these instruments cannot be turned directly inward to address the rising threat of domestic terrorism. This Comment explains the issues with that approach and concludes by proposing specific solutions, focusing on the need for a coordinated response from the agencies and departments tasked with the investigation, intelligence, and prevention of domestic violent extremism and terrorism.


Immigration Detention As A Violation Of Transgender Detainees' Substantive Due Process Rights, Emily Torstveit Ngara Jan 2022

Immigration Detention As A Violation Of Transgender Detainees' Substantive Due Process Rights, Emily Torstveit Ngara

Lewis & Clark Law Review

Noncitizens in immigration proceedings are often subject to civil detention pending a final decision on their case. Transgender individuals in immigration detention are at high risk for physical and sexual assault, cruel and degrading treatment, denial of necessary medical care, and protective isolation. The well-documented harms caused to transgender individuals in detention violate Fifth Amendment substantive due process. This Article documents the harms of immigration detention specific to the transgender community, reviews substantive due process jurisprudence in the civil detention context, and analogizes Eighth Amendment claims for transgender prisoners to substantive due process claims. Immigration detention is predicated on the …


The Uncertain Role Of Reliance In The Enforcement Of Charitable Subscriptions, Christine Abely Jan 2022

The Uncertain Role Of Reliance In The Enforcement Of Charitable Subscriptions, Christine Abely

Lewis & Clark Law Review

In cases where charitable promises are made and later retracted, the Restatement (Second) of Contracts provides conflicting guidance as to how a court should factor in reliance by the charity when considering whether to enforce the promised donation by way of promissory estoppel. Specifically, the text of § 90(2) within the Second Restatement provides that a charitable subscription is binding “without proof that the promise induced action or forbearance.” The adoption of this provision represented a departure from the requirement of reliance historically necessary for the enforcement of most types of promises by promissory estoppel. According to the Second Restatement, …


Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker Jan 2022

Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker

Undergraduate Honors Theses

As of April 2022, sixteen U.S. states ban Gay panic and Trans panic criminal defenses. These state-law prohibitions stemmed from several high-profile murder trials, focusing on the identity of the decedent, including the killings of Matthew Shepard and Latisha King. Between 1970 and 2020, criminal defenses interrogating the gender identity or sexual identity of victims of violence were used at least 104 times, with nearly a third of those cases resulting in reduced criminal charges and penalties. Today, in thirty-four states, the same tactics remain legal. Applying a feminist and outsider legal lens, this study engages in a textual analysis …


When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak Jan 2022

When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak

Publications and Research

We used data from an Australian community register to build a database containing 673 incidents, including both criminal and non-criminal anti-Semitic acts that occurred between October 2013 and September 2017. We conducted bivariate and multivariate analyses to explore the differences in the types of incidents associated with different trigger events. Using time series methods, we found a significant increase in criminal (but not in non-criminal) incidents during the 2014 Israel–Gaza conflict. During Jewish religious festivals, we found a significant decrease in criminal incidents, and a significant increase in non-criminal incidents. After the establishment of the neo-nazi group Antipodean Resistance, we …


Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot Jan 2022

Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot

US Government Documents Related to Indigenous Nations

This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.


The Merits Of Merit: Book Review, Neil Fulton Jan 2022

The Merits Of Merit: Book Review, Neil Fulton

Faculty Publications

No abstract provided.


Gephi Force Directed Map Files, Folder 1, Part 1: Scalia Maps, Joseph S. Miller Jan 2022

Gephi Force Directed Map Files, Folder 1, Part 1: Scalia Maps, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …


Gephi Force Directed Map Files, Folder 1, Part 2: Thomas Maps, Joseph S. Miller Jan 2022

Gephi Force Directed Map Files, Folder 1, Part 2: Thomas Maps, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …


Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso Jan 2022

Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso

William & Mary Environmental Law and Policy Review

Adapting the state’s existing RTF [Right-to-Farm] regime to include aquaculture has the potential to help Virginia navigate an array of economic and legal challenges. This Article examines the intersection of RTF law and aquaculture and discusses the role that RTF law may play in encouraging Virginia’s expanding aquaculture industry. Part I offers an overview of RTF laws and their operation in Virginia. Part II discusses aquaculture generally and Virginia’s expanding aquaculture industry. Part III documents problems faced by aquaculture producers in Virginia under Virginia’s existing RTF law. Part IV details related challenges facing the industry. Part V concludes by detailing …


Vermont: Collaborating To Educate Self-Advocates About Alternatives To Guardianship, Jaimie Ciulla Timmons Jan 2022

Vermont: Collaborating To Educate Self-Advocates About Alternatives To Guardianship, Jaimie Ciulla Timmons

All Institute for Community Inclusion Publications

This promising practice describes Vermont’s statewide self-advocacy organization, Green Mountain Self-Advocates (GMSA), and their partnership with the Vermont Disability Law Project to organize legal clinics for people with IDD. These clinics have enabled self-advocates to get high-quality, easy-to-understand information about alternatives to guardianship they might not get anywhere else.