Social and Behavioral Sciences Commons^™

From Relic To Relevance, The Resurgence Of Tariffs, Reuven S. Avi-Yonah, Doron Narotzki, Tamir Shanan

Law & Economics Working Papers

Modern legal scholarship has largely relegated tariffs to economic analysis, overlooking their legal and policy significance. This article challenges that view by examining tariffs as a potential pillar of fiscal policy, exploring their viability as a revenue source alongside or in place of traditional income and corporate taxation. While historically central to U.S. government funding, tariffs diminished in importance with the rise of income taxation and trade liberalization. However, their recent resurgence as a tool for trade protection raises broader questions about their role in national economic strategy. This article critically assesses the feasibility of a tariff-based tax system, drawing …

The "Uniform Rule" And Its Exceptions: A History Of Congressional Naturalization Legislation, Daniel Rice

The Ozark Historical Review

Article 1, Section 8 of the Constitution empowers Congress “[t]o establish an uniform Rule of Naturalization.” In Part I of this article, I discuss the American colonial experience with naturalization laws and account for the Naturalization Clause’s. I then examine the historical development of Congress’s “uniform rule” and deconstruct the mechanism by which certain groups have been excluded from and brought back within its reach. Lastly, I scrutinize Congress’s posture towards expatriation, the logical converse of naturalization. In Part II, I ask why Congress might have thought it expedient to carve out statutory exceptions to the naturalization procedures it had …

Literary And Artistic Property Rights Between Regular Courts And Administrative Courts: A Comparative Study Of Jordan And Egypt, Noor Al-Hindi

Jordan Journal of Applied Science-Humanities Series

This study addresses literary and artistic property rights within the context of the ordinary and administrative judiciary, focusing on the legal framework for the deposit of these rights under the Jordanian and Egyptian Copyright and Neighboring Rights Protection Laws. The research findings indicate that legal deposit is an obligation of the rights holders of the work to submit a copy of the published work to a government authority. In Egypt, the rights holder is required to submit a licensing application to the General Department for the Control of Works, accompanied by certain data. The department is responsible for maintaining records …

W&L Law Library Annual Report 2024-2025, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

Reasoning From Injustice, Robert L. Tsai

Michigan Journal of Race and Law

In a series of lectures at Yale Law School, the Harvard political theorist Judith Shklar critiqued leading models of justice as overly abstract and lacking a realistic account of the social dynamics that perpetuate injustice. In this essay, Professor Tsai builds on Shklar’s account of injustice as a social phenomenon by offering a structural reading of key literary texts that explore the nature of legal injustice—from the Book of Job to Harriett Beecher Stowe’s Uncle Tom’s Cabin and Frederick Douglass’s The Heroic Slave. A close reading of these texts permits us to flesh out Shklar’s observations and “give injustice …

By The Numbers, 2024-2025, Dee J. Kelly Law Library

Documents & Reports

A compilation of data and statistics highlighting the activities and services of the Dee J. Kelly Law Library at Texas A&M University School of Law for 2024-2025.

Realizing Nepa’S Reasonable, Productive, And Enjoyable Harmony: The Fiscal Responsibility Act’S Amendments And Implications For Practitioners, L. Sheldon Clark, Catherine E. Kanatas, Maxwell C. Smith

Michigan Journal of Environmental & Administrative Law

The National Environmental Policy Act (NEPA), the “Magna Carta” of environmental protection, serves two important purposes: providing (1) decision makers and (2) the public with a federal agency’s assessment of the impacts that may occur from its proposed or selected course of action before the agency acts. Despite frequent criticism about NEPA reviews causing costly project delays, NEPA’s procedural requirements and framework had remained unchanged for more than 40 years. That all changed with the Fiscal Responsibility Act of 2023 (FRA). The writing on the NEPA wall is now very clear: agencies must now produce shorter NEPA analyses with a …

California Public Defense Workloads And Staffing, Malia N. Brink, Pamela R. Metzger, Andrew L.B. Davies, Cynthia G. Lee

Deason Center Reports

This report assesses the current workloads and staffing of California public defense providers. The report concludes that California’s public defense attorneys are almost universally burdened by workloads that far exceed nationally recommended standards. Additionally, compared to district attorneys’ offices in the same jurisdictions, public defender offices typically have 20-45% fewer attorneys.

This report also details how public defense providers in California also lack the appropriate support staff – investigators, social workers, paralegals, and administrative assistants – necessary to efficiently and effectively represent their clients. At their current workload and staffing levels, public defense attorneys simply cannot do all that their …

Futurescape Libraries Ai Toolkit, Keith Webster

Copyright, Fair Use, Scholarly Communication, etc.

A toolkit developed to explore scenario-specific strategies and activities that research libraries can undertake to prepare for various possible AI-influenced futures. The toolkit integrates the ARL/CNI AI Scenarios published in spring 2024 along with priorities trialed and refined by strategic thinkers working directly in, or adjacent to, the research library field during a Strategic Implications forum held December 7–8, 2024, in Washington, DC.

The Wellness Connection September 2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Sustaining Inclusion During Challenging Times: Reflections From The 2025 Aall Annual Meeting, Ariel Newman, Laura Dixon-Caldwell

Faculty Works

Reflections of two law librarians after attending the 2025 Annual Meeting of the American Association of Law Libraries (AALL).

(When) Can Trade Wars Be Good?, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

‘Trade wars are good, and easy to win,’ tweeted Donald Trump in 2018. The US–China trade war that followed proved otherwise – especially when confronting a major economic power. Yet, can trade wars ever be good? While the academic consensus holds they harm all participants, we argue that under certain circumstances they can produce positive outcomes. Set against the backdrop of the Liberation Day tariffs announced on April 2, 2025, this paper examines the limits of the Ricardian free trade model underpinning the current multilateral trading system, identifies when trade wars may serve strategic goals, and explores alternative rules to …

The Normalization Of Sexual Exploitation, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes

Dissertations, Theses, and Capstone Projects

In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.

Editorial Foreword Ijsls Volume 4 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

The late “Ibu” Keebet von Benda-Beckmann made a significant contribution to the development of legal anthropology, particularly in Indonesia, where she is regarded as a pioneer of the field. Together with her husband, Franz von Benda-Beckmann, she conducted research in Indonesia for more than 40 years, inspiring and laying the foundation for many Indonesian legal scholars to conduct research in legal anthropology and socio-legal studies. The Benda-Beckmann's works have become key references for legal anthropologists, proponents of legal pluralism, and socio-legal scholar around the world, to the extent that their theories and methodologies—particularly those related to the concept of legal …

Civil Servant Disobedience: An Alternative Legal Strategy To Prevent Bureaucratic Pathology, Richo Andi Wibowo

The Indonesian Journal of Socio-Legal Studies

This paper seeks to provide conceptual and empirical justifications for civil servants to engage in disobedience to curb bureaucratic pathology. Various civil servants have long complained that they face illegal instructions from their superiors. The cases discussed here are from public procurement, which has a dimension of political corruption, a recurring problem in many places in Indonesia. Thus, the problem shall be seen as a bureaucratic pathology rather than as maladministration. As the reporting of superiors to legal enforcers may be too risky, the disobedience can be accomplished by refusing to cooperate with superiors who give illegal instructions. The term …

Law Library Blog (September 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Death Penalty For Drug Offenders In Southeast Asia: Weakening Of Resistance To Change?, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Although the global movement towards abolition of the death penalty has been supported by an increasing number of countries in the world, the number of persons executed for drug offences actually increased in the last few years. Known executions for drug offences now account for more than 40 per cent of all global executions. Most such executions take place in Asia. Of the 34 countries in the world that still retain the death penalty for drug offenders, all nine of those identified as “high application states” (China, Indonesia, Iran, Kuwait, Malaysia, North Korea, Saudi Arabia, Singapore and Vietnam) are found …

Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao

Research Collection Yong Pung How School Of Law

Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …

Editorial Foreword Ijsls Volume 4 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition features a variety of articles on legal issues and policies, and their implementation. These articles enrich interdisciplinary legal studies. Topics covered include inheritance governance in Malaysia, the institutionalised mediation of family legal matters in Bangladesh, the strategies employed by female heads of households in Indonesia to survive through self-organisation, the collapse of democracy in Indonesia after 38 years of reform, and the country's role as a transit point or destination for refugees and the problems this poses.

Crisis Convergence, Sarah Medina Camiscoli

Northwestern University Law Review

Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …

Managing Crowdfunding Risks In Terrorism Financing: A Mediated Analysis Of Government Intervention And Donation Intentions, Fithriadi Muslim, Eva Achjani Zulfa, Muhamad Syauqillah

Indonesia Law Review

Crowdfunding has emerged as a popular platform for collective funding of social, charitable, and commercial projects. However, its increasing use has raised concerns over potential misuse, including as a source of terrorism financing. This study investigates the relationship between donation intentions using crowdfunding and the risk of crowdfunding being used as a source of terrorism financing. Furthermore, it explores the mediating role of government intervention in this relationship. Using a Structural Equation Modeling-Partial Least Squares (SEM-PLS) second-order approach, the research evaluates the interaction between donor intentions, crowdfunding risks, and government regulations. Findings reveal that while donor intentions significantly impact the …

Counterterrorism Legislation And Its Impacts On Human Rights In Malaysia, Noor Maarof Bin Idris, Ying Hooi Khoo

Indonesia Law Review

In the aftermath of 11 September 2001, terrorism overshadowed other global security concerns. Since then, there has been significant growth in security and counterterrorism legislation and policies worldwide. The United Nations Security Council (UNSC) Resolution 1373 (2001) and 1456 (2003) authorized states to implement national legislative measures to combat terrorism while emphasizing the promotion and protection of human rights and the rule of law. In Malaysia, counterterrorism efforts have been reinforced through the Security Offences (Special Measures) Act 2012 (SOSMA), the Prevention of Crime Act 1959 (POCA) (as amended in 2015), and the Prevention of Terrorism Act 2015 (POTA). This …

Schools As Geopolitical Spaces: Violence Against Education During The Bosnian War (1992-1995), Allyson Bachta

Graduate Doctoral Dissertations

Attacks on education have long been a feature of conflict, yet their strategic use by state and non-state actors remains underexamined. Despite global concern and growing documentation efforts by the international community, the motivations and patterns behind school attacks are not well studied. This project investigates the strategic use of such violence by Bosnian, Serbian, and Croatian state and non-state armed actors during the Bosnian War (1992-1995) and challenges the assumption that attacks on schools are simply collateral damage. Drawing from political and anti-civilian violence literature, this study situates schools as both symbolic and strategic geopolitical targets, targeted not only …

Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards

SMU Journal of Undergraduate Research

This literature review presents a vital exploration of colonialism, the illegal annexation of Hawai’i, and the subsequent emergence of the tourism industry as a neocolonial enterprise. Neocolonialism is the process of colonial dominance through modern exploitation, which is masked through economic opportunities and has left territories and their native people dependent on it. By tracing the major historical events in Hawai’i highlights how education was a vital aspect of Native Hawaiian culture, empowering its people - a stark contrast to the current education system where the education system perpetuates the commodification of Native Hawaiian culture. Education has played a pivotal …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

08.25.2025 Ored Connect, Liz Williamson

ORED Newsletter

• Research Security Required Training
• ORED Research Reception

Inaction As Nonformal Reaction: Rethinking Crime Perception In The Era Of Data Breaches, Irnasya Shafira Hadi

Jurnal Kriminologi Indonesia

This study analyses the Indonesian public’s response to government data breaches and advocates for an expanded defintion of nonformal reactions to crime in the digital context. It argues that existing criminological frameworks, particularly Mustofa’s (2021) model—which views nonformal reactions as active and confrontational behaviours such as demonstrations or vigilantism—should also acknowledge inaction, apathy, and emotional disengagement as valid public reactions. This paper employs a conceptual-qualitative approach, combining an interdisciplinary literature review, interpretive policy analysis of the Personal Data Protection Law, and triangulation with digital behaviour data to develop its analysis. This paper reframes apathy as a significant criminological indicator of …

Intersectionality In The Maze Of Oppression: A Feminist Criminology Analysis Of Systematic Vulnerability And Exploitation Of Indonesian Women Trafficked To Cambodia, Reza Anugrah, Lifiana Alanisya Mutaharina

Jurnal Kriminologi Indonesia

This study explores the vulnerability of Indonesian women to the crime of human trafficking in Cambodia, analyzing its structural and patriarchal roots. Employing a qualitative methodology through literature review, the paper delineates how socio-economic disparities and limited employment opportunities in Indonesia drive women toward illegal job offers that ultimately result in exploitation. Human trafficking syndicates exploit traditional gender constructs and manipulate identities to entrap victims, even involving women as alleged perpetrators. Criminological and legal analyses reveal a shift toward more complex forms of transnational crime, exacerbated by the use of digital technology. Although the Law of the Republic of Indonesia …