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Articles 7351 - 7380 of 29782
Full-Text Articles in Social and Behavioral Sciences
Prosecuting The Executive, Tiffany R. Murphy
Prosecuting The Executive, Tiffany R. Murphy
San Diego Law Review
A special counsel is appointed to investigate and potentially prosecute any criminal activity involving those in the Executive Branch. When an attorney general makes such a decision, the individual should consider not only the scope of the appointment but whether the special counsel will protect the fundamental rules of law upon which the Constitution rests; no one person is above the law. Recent history illustrates the abuses of the special prosecutor’s role where it was used as a political weapon or for low level officials. Instead, a special counsel should be used only when the crisis is severe enough that …
The Case For Varying Standards Of Proof, Gustavo Ribeiro
The Case For Varying Standards Of Proof, Gustavo Ribeiro
San Diego Law Review
This Article defends a system with a greater variation in the number of standards of proof than we currently have as both normatively and descriptively valuable. Standards of proof are mechanisms for allocating the risk of factual error between parties. For example, the heightened “beyond a reasonable doubt” standard in criminal cases reflects an aspiration for a legal system erring more in favor of mistaken acquittals than mistaken convictions. Surprisingly, we then assign the same standard to very different cases under the justification that we accept, or should accept, the same error-distribution for those cases. This Article argues that, however …
A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh
A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
This article presents findings from an empirical network analysis of citation practices in Singapore’s highest court. A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Network centrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Research Collection Yong Pung How School Of Law
The appellant, Shanghai Turbo Enterprises Ltd (“Shanghai Turbo”), is a Singapore-listed company that owns Hong Kong-incorporated Best Success (Hong Kong) Ltd, which in turn owns China-incorporated Changzhou 3D Technological Complete Set Equipment Ltd (“CZ3D”). The respondent, Liu Ming (“Liu”), owned approximately 30% of the shares in Shanghai Turbo. He was also a director of all three companies, and held other management positions there. In April 2017, Shanghai Turbo fired Liu from all his positions in the companies, allegedly because of declining levels of profit under his management. Subsequently, Shanghai Turbo filed a suit against Liu for breaching his service agreement …
The Santa Clara, 2019-02-28, Santa Clara University
The Santa Clara, 2019-02-28, Santa Clara University
The Santa Clara
No abstract provided.
Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle
Militant Or Bystander: How To Protect Democracy, Amos N. Guiora, Kristine J. Ingle
Brigham Young University Journal of Public Law
No abstract provided.
Militant Or Bystander: How To Protect Democracy, Judith M. Billings
Militant Or Bystander: How To Protect Democracy, Judith M. Billings
Brigham Young University Journal of Public Law
No abstract provided.
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Financial Repression In China: Short-Term Growth But Long-Term Crisis, Guangdong Xu, Michael Faure
Financial Repression In China: Short-Term Growth But Long-Term Crisis, Guangdong Xu, Michael Faure
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge
New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge
Space Traffic Management Conference
The recent Space Policy Directive-3, issued on June 18th, 2018, commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, …
Make America Hate Again: Donald Trump And The Birther Conspiracy, Stephanie Kelley-Romano, Kathryn L. Carew
Make America Hate Again: Donald Trump And The Birther Conspiracy, Stephanie Kelley-Romano, Kathryn L. Carew
Journal of Hate Studies
One of the most publicized and commonly embraced political conspiracies has been the “birther movement.” The conspiracy, which gained traction amid the 2008 Presidential election, alleged that Barack Obama was ineligible for the Presidency on grounds he was not born in the United States. Though the movement was continuously debunked by a myriad of people, birthers remarkably managed to keep the conspiracy alive and relevant, due in large part to Donald Trump. Analysis of birther rhetoric, and specifically Donald Trump’s use of it to continually undermine Barack Obama, provides a particularly robust understanding of the rhetorical forms that facilitate the …
The Trump Effect: The 2016 Presidential Campaign And The Racist Right's Internet Rhetoric, Brett A. Barnett
The Trump Effect: The 2016 Presidential Campaign And The Racist Right's Internet Rhetoric, Brett A. Barnett
Journal of Hate Studies
The divisiveness witnessed during Donald Trump’s 2016 presidential campaign, a nationwide discord on a scale not witnessed since the tumultuous Nixon-Humphrey-Wallace campaign of 1968, has necessitated an examination of hate within the United States. Characterized by rhetoric of nationalism and isolationism reminiscent of ideologies espoused by white nationalists, Trump’s campaign energized the American racist right. Indeed, the most prominent US-based white supremacist websites, the neo-Nazi Stormfront and The Daily Stormer, launched extensive online campaigns supporting Trump’s presidential bid, and both sites experienced dramatic increases in traffic. This essay examines some of the divisive rhetoric Trump employed during his presidential campaign …
Following The 2016 Presidential Election: Positive And Negative Mood Affect And The Impetus Towards Activisim, Kem Gambrell, Amy Martin, Kimberly R. Mungaray
Following The 2016 Presidential Election: Positive And Negative Mood Affect And The Impetus Towards Activisim, Kem Gambrell, Amy Martin, Kimberly R. Mungaray
Journal of Hate Studies
Given the tenuousness of the U.S. presidential race and subsequentelection, it appears that more individuals are becoming politically active. What remains unclear is how the current political climate has influenced citizens regarding their perceptions of feeling psychologically safe, the related mood affect, and their impetus towards activism. Additionally, the role of social media in today’s world is seemingly a key stimulus for individuals who were typically less involved in the past become more so now. Given there may be a number of reasons that individuals feel moved to engage in discourse and action that others might view as unconventional or …
Fear And Hate In Alabama And Beyond: Narratives Of Immigration In The Trump Campaign, Silvia Giagnoni
Fear And Hate In Alabama And Beyond: Narratives Of Immigration In The Trump Campaign, Silvia Giagnoni
Journal of Hate Studies
In August 2015, in one of his first appearances as President-hopeful, Donald Trump galvanized his audience in Mobile, Alabama, by criminalizing immigrants and attacking sanctuary cities. Capitalizing on fear, he referred to the tragic deaths of two white women by the hands of undocumented immigrants. Trump knew those high-profile cases would resonate with Alabamians who have been fed similar rhetoric by Fox News and its echo chamber on the web. This essay explores the use of hate speech and negative portrayals of immigrants during the presidential campaign of Donald Trump with particular attention to the progressive criminalization of foreign-born individuals …
The Resurgence Of Hate: Introductory Notes On The 2016 Us Presidential Campaign, C Richard King, David J. Leonard
The Resurgence Of Hate: Introductory Notes On The 2016 Us Presidential Campaign, C Richard King, David J. Leonard
Journal of Hate Studies
For this issue, we sought pieces that not only examine the centrality of hate – racism, misogyny, homophobia, anti-Semitism, ableism, xenophobia – to the 2016 election not only as an effort to restate what we already know but, in an effort, to move this conversation forward. We hope these pieces highlight the different places that “hate” materialized during the 2016 election; we hope each reveal that consequences beyond “victories” and “losses” but in the form of increased violence and policies that leave the marginalized even more vulnerable. Collectively, these pieces reveal the extent to which the 2016 election was one …
Misogynistic Hate Speech And Its Chilling Effect On Women's Free Expression During The 2016 U.S. Presidential Campaign, Caitlin R. Carlson
Misogynistic Hate Speech And Its Chilling Effect On Women's Free Expression During The 2016 U.S. Presidential Campaign, Caitlin R. Carlson
Journal of Hate Studies
This essay argues that the proliferation of misogynistic hate speech during the 2016 U.S. presidential campaign had a dangerous chilling effect on women’s free expression. The gendered slurs aimed at women candidates and journalists, both online and in-person, created a hostile political environment, which made it more difficult for women to fully participate in the process of Democratic self-governance. To address this issue, I recommend allocating state and federal tax dollars to counter speech efforts, and call for social media organizations, such as Facebook and Twitter, to reevaluate their hate speech and harassment policies.
'Winning Bigly': Sporting Fantasties Of White Male Omnipotence In The Rise Of Trump And Alt Right White Supremacy, Kyle W. Kusz
'Winning Bigly': Sporting Fantasties Of White Male Omnipotence In The Rise Of Trump And Alt Right White Supremacy, Kyle W. Kusz
Journal of Hate Studies
In this article, the author offers a critical contextual analysis that seeks to answer Giroux’s (2015) call for scholars to map and critically examine the “cultural circuits, points of connection, internalized values, discourses and pedagogies. . . responsible for both promoting and legitimating the likes of Donald Trump” (Don’t Get Distracted by the Buffoonery section, para. 1). To this end, this essay explores how the Trump candidacy and presidency, the rise of the Alt Right, and the appeal of New England Patriots quarterback, Tom Brady, to his fans who have nicknamed him as the ‘Greatest Of All Time’ (i.e. The …
Alternative Facts And Fake News: Digital Mediation And The Affective Spread Of Hate In The Era Of Trump, Kayla Keener
Alternative Facts And Fake News: Digital Mediation And The Affective Spread Of Hate In The Era Of Trump, Kayla Keener
Journal of Hate Studies
The role of negative affects such as fear and hate, their manifestation in atmospheres, manipulability, and mobilization as a response to threat perception play a pivotal role in the current political conjuncture. This essay traces the dissemination of fake news and the role of affective labor in its digital spread through the example of the recent Pizzagate phenomenon. This particular viral story and its real world fallout speak to the turn to a ‘post-truth’ politics, which has been embraced by President Trump and his surrogates, through the appropriation of the term ‘fake news’ and rhetoric of ‘alternative facts’, to describe …
The Dangers Of Porous Borders, Barbara Perry, Tanner Mirrlees, Ryan Scrivens
The Dangers Of Porous Borders, Barbara Perry, Tanner Mirrlees, Ryan Scrivens
Journal of Hate Studies
Donald J. Trump’s journey to the White House signaled the resurgence of right-wing populism in the United States. His campaign and his surprising electoral victory rode a wave of anti-elitism and xenophobia. He masterfully exploited the economic and cultural anxieties of white working class and petite bourgeois Americans by deflecting blame for their woes onto the “usual suspects,” among them minorities, liberals, Muslims, professionals and immigrants. His rhetoric touched a chord, and in fact emboldened and energized white supremacist ideologies, identities, movements and practices in the United States and around the world. Indeed, the Trump Effect touched Canada as well. …
1861 - Drake's Compilation Of Spanish Grants
1861 - Drake's Compilation Of Spanish Grants
Miscellaneous Documents and Reports
An 1861 publication compiled by Eugene B. Drake containing Jimeno's and Hartnell's indexes of Mexican land concessions, from 1830 to 1846; the Toma de Razon, or, registry of titles, for 1844-'45; approvals of land grants by the Territorial Deputation and Departmental Assembly of California, from 1835 to 1846, and a list of unclaimed grants. The compilation of indices was compiled from the Spanish archives in the U.S. Surveyor-general's office.
1904 - Indian Affairs - Laws And Treaties, Laws Vol I, Charles J. Kappler
1904 - Indian Affairs - Laws And Treaties, Laws Vol I, Charles J. Kappler
US and Indian Relations
An accurate compilation of the treaties, laws, Executive orders, and other matters relating to Indian affairs, from the organization of the Government, had been needed for many years, and its necessity had been repeatedly emphasized by the Commissioner of Indian Affairs in his annual reports to Congress. This two-volume work was undertaken by the Senate Committee on Indian Affairs in pursuance of the recommendation of the Commissioner and to meet the pressing need that the committee found for a correct compilation, convenient in form and properly indexed, so that any law, treaty, or order could readily be found. Much difficulty …
1887 - The Present Condition Of The Mission Indians Of California, Charles C. Painter
1887 - The Present Condition Of The Mission Indians Of California, Charles C. Painter
Miscellaneous Documents and Reports
The need of the direct observation of facts in the Indian country, and of assistance and redress for Indians in cases of flagrant wrong and encroachment, increases every year. The Indian Rights Association co-operated with the government in all measures and efforts tending to the advancement of the Indians toward self-support. The Association favored the immediate adoption of a system for the education of all Indian children; the extension of law over the reservations, for the protection of the rights of both Indians and white men; the allotment of lands to individual Indians, and the breaking up of the tribal …
1913 - Indian Affairs - Laws And Treaties, Laws; Vol. Iii; Charles J. Kappler
1913 - Indian Affairs - Laws And Treaties, Laws; Vol. Iii; Charles J. Kappler
US and Indian Relations
The first two volumes were published under a resolution of the Senate in 1902, and shortly thereafter a second edition was ordered by a concurrent resolution of the House of Representatives and the Senate. This third volume included all laws relative to Indian affairs passed by Congress after 1902, together with all Executive proclamations, departmental orders, etc., relating to Indian reservations to date, a list of Indian trust funds standing to the credit of various tribes, and also several old Indian treaties which it was not possible to procure when the volume containing the treaties was prepared.
1929 - Indian Affairs - Laws And Treaties, Laws Vol. Iv, Charles J. Kappler
1929 - Indian Affairs - Laws And Treaties, Laws Vol. Iv, Charles J. Kappler
US and Indian Relations
Volume IV of the Compilation of Indian Laws and Treaties was prepared in compliance with the resolution adopted by the Sixty-ninth Congress. This volume embraces all laws relating to Indian affairs passed by Congress from December, 1913, to the end of the Sixty-ninth Congress, March 4, 1927. During that period of 14 years a large amount of Indian legislation of considerable importance was enacted; many Executive orders, proclamations, etc., covering Indian lands and reservations had been issued, and a number of unratified treaties with Indians in whose behalf legislation had been enacted or was pending in Congress and which treaties …
1971 - Kappler's Indian Affairs - Laws And Treaties, Vol Vii
1971 - Kappler's Indian Affairs - Laws And Treaties, Vol Vii
US and Indian Relations
In addition to the new material published found in Volume VI published in 1970 that included all treaties, laws, executive orders and regulations relating to Indian affairs in force on September 1, 1967, the five earlier volumes (1904-1941) were reprinted in Volume VII, as they were difficult to find, in their entirety except that in Volume IV, a 1928 edition of Title 25 of the United States Code was omitted, as were duplicate indexes to Volumes I, II and III.
1941- Indian Affairs - Laws And Treaties, Laws Vol V, Charles J. Kappler
1941- Indian Affairs - Laws And Treaties, Laws Vol V, Charles J. Kappler
US and Indian Relations
Volume V contains all Indian laws passed from March 4, 1927, to the end of the Seventy-fifth Congress on June 29, 1938. During this period a large quantity of important Indian legislation was enacted by Congress, including the so-called Wheeler-Howard Act; and many Executive orders and proclamations were issued by the President pertaining to Indian tribes and reservations. Several relevant unratified treaties and agreements with Indian tribes, in whose behalf legislation was enacted or is pending in Congress or whose cases are pending in the Court of Claims, were included in this volume. Also included were a number of leading …
1971 - Kappler's Indian Affairs - Laws And Treaties, Vol Vi
1971 - Kappler's Indian Affairs - Laws And Treaties, Vol Vi
US and Indian Relations
The five previously published volumes of Kappler's Indian Affairs, Laws and Treaties, contained treaties and statutes relating to Indian affairs enacted through the Seventy-fifth Congress in 1938. Congress, by Title VII of the Act of April 11, 1968, 25 U.S.C. § 1341, authorized and directed the Secretary of the Interior to revise and extend Kappler's compilation to include all treaties, laws, executive orders and regulations relating to Indian affairs in force on September 1, 1967. This volume extended the work through the Ninety-first Congress, 1970.