Social and Behavioral Sciences Commons^™

An Assessment Of The Chafta And Its Implications: A Work-In-Progress Type Fta With Selective Innovations, Heng Wang

Research Collection Yong Pung How School Of Law

This chapter explores two questions of the recent China-Australia FTA (ChAFTA): what is the approach of the ChAFTA? What are the challenges to the ChAFTA? It argues first that the ChAFTA adopts a problem-solving approach to harvest “low-hanging fruit” (e.g. tariff cuts). Containing WTO-based and WTO-friendly rules, it focuses on trade and investment facilitation through market liberalization and carefully written good governance norms. In spite of its short form investment chapter, the agreement is not as shallow as one may first think. It stimulates development concerning, among other things, regulatory issues (e.g. regulatory transparency and cooperation in financial services, regulatory …

Singapore, Country Study Prepared For Global Philanthropy Environment Index, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

No abstract provided.

An Introduction To The Singapore Convention On Mediation: Perspectives From Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 25th June 2018, the final draft of the Convention on the Enforcement of International Settlement Agreements (the ‘Convention’) was recommended for submission to the UN General Assembly for its consideration, and the corresponding Model Law was adopted. A resolution to name the Convention the ‘Singapore Convention on Mediation’ was also approved. This concluded three years of vigorous debate in UNCITRAL Working Group II (Dispute Settlement) with participation by 85 member States and 35 international governmental and non-governmental organisations. The UN General Assembly has adopted …

China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao

Research Collection Yong Pung How School Of Law

This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious rival to …

Bicycle-Friendly Policies, Michael Lewyn

Scholarly Works

A review of Copenhagenize by Mikael Colville-Andersen

Engineering Standards In Highway Design Litigation, Michael Lewyn

Scholarly Works

Highway engineers sometimes believe that if they redesign streets to improve pedestrian safety (for example, by introducing traffic calming techniques) they might be successfully sued for negligent design by motorists. This chapter suggests that in such situations, governments are likely to be protected by discretionary function immunity. In addition, the chapter discusses a variety of technical issues.

The Intersection Between Young Adult Sentencing And Mass Incarceration, Joshua Gupta-Kagan

Faculty Scholarship

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system less severely than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in-depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young adults …

Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes

Scholarly Works

Review of Richard Florida's The New Urban Crisis

Why Comparative International Law Needs International Relations Theory, Daniel Abebe

Faculty Scholarship

This chapter challenges the conventional wisdom that international relations theory has nothing to offer scholars interested in comparative international law. It argues that comparativists should not underestimate the value of international relations theory in explaining how and why certain states adopt particular interpretations of international law. While international relations theory cannot explain the evolution of specific doctrines, it can be very useful in understanding the general approaches to international law that states embrace. The chapter develops the connection between domestic institutional design and the interpretation of international law on one side, and realism, institutionalism, and liberalism on the other. It …

Community Trust Building And The Elgin Police, Frank Trost

All Capstone Projects

This study focused on police and community trust and how it may be affected by one’s sense of community. The idea of sense of community has been compared to school spirit. There has been little research that examines if sense of community influences trust in their police. A quantitative study was conducted utilizing an online survey. The location was the city of Elgin, Illinois. Its purpose was to determine what level of sense of community the respondents had and what level of trust they had in the police overall and the Elgin police specifically. The study resulted in 637 respondents …

Explaining Market Urbanism, Michael Lewyn

Scholarly Works

Compares Market Urbanism to New Urbanism and Landscape Urbanism

Life, Liberty, And Trade Secrets: Intellectual Property In The Criminal Justice System, Rebecca Wexler

Faculty Scholarship

The criminal justice system is becoming automated. At every stage, from policing to evidence to parole, machine learning and other computer systems guide outcomes. Widespread debates over the pros and cons of these technologies have overlooked a crucial issue: ownership. Developers often claim that details about how their tools work are trade secrets and refuse to disclose that information to criminal defendants or their attorneys. The introduction of intellectual property claims into the criminal justice system raises undertheorized tensions between life, liberty, and property interests.

This Article offers the first wide-ranging account of trade secret evidence in criminal cases and …

Brain Development, Social Context And Justice Policy, Elizabeth S. Scott, Natasha Duell, Laurence Steinberg

Faculty Scholarship

This article examines the role played by biological and psychological factors associated with adolescent criminal activity in the context of justice policy reform and its critics. Scott, Duell, and Steinberg assert that risk-taking behavior in adolescence is not solely associated with biological and psychological immaturity, but rather exists as a dynamic interaction between those factors and the individual social context. This interactive model of juvenile offending supports the trend of treating juveniles differently than adults in the criminal justice system and clarifies how correctional programs are crucial in either undermining or promoting healthy development in adolescents.

Preemption And Commandeering Without Congress, Jessica Bulman-Pozen

Faculty Scholarship

In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against recent efforts to preempt state control over state officials and to require states to follow other states’ policies, using sanctuary jurisdictions and the pending federal Concealed Carry Reciprocity Act as examples.

Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz

Touro Law Review

No abstract provided.

Environment, States, And International Organizations: The Role Of Global Environmental Conventions In Protecting The Environment, Natalia Escobar Pemberthy

Graduate Doctoral Dissertations

Global environmental conventions are created to address and resolve global environmental problems. Assessments of the achievement of specific environmental goals, however, indicate that there is room for progress and that stronger collective action is required. Given that there are no empirical instruments to measure implementation and to determine the factors behind individual countries’ results, challenges emerge that require the expansion of existing analytical frameworks around environmental conventions and their role as global governance instruments. This study develops an empirical instrument – the Environmental Conventions Index – to assess the implementation of global environmental conventions, determining the main trends for both …

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Così Fan Tutte: A Better Approach Than The Right To Be Forgotten, Martha Garcia-Murillo, Ian Macinnes

School of Information Studies - Faculty Scholarship

In this article, we argue in favor of a macro-societal approach to protect people from the potential harms of personal information online. In the tension between information and privacy, “the right to be forgotten” is not an appropriate solution. Such a micro, individual-based answer puts the burden of protection on each person instead of on external entities that can abuse such knowledge. The personal responsibility to delete personal data is challenging because of the leakage of data that happens through the connections we have with others, many of whom do not share the same privacy preferences. We show that effective …

Constitutional Barriers To Congressional Reform, John M. Greabe

Law Faculty Scholarship

Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.

Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd

Societies Without Borders

Utilising the research methodology of narrative inquiry, this study set out to explore how Nigerian immigrant academics counteracted an unwelcoming ethos of reception at a South African university. Data capture comprised a mix of semi-structured interviews, observations, field notes and a researcher journal. Data was analysed utilising qualitative content analysis. Findings reveal that the resiliency process of Nigerian immigrant academics was triggered by ecological sources within the context of the academe and surfaced in the form of resilient qualities. Nigerian immigrant academics drew on specific internal assets and external resources to circumvent the effects of various stressors as well as …

Human Rights Attitudes, Brian K. Gran Phd

Societies Without Borders

No abstract provided.

International Differences In Support For Human Rights, Sam Mcfarland Phd

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …

Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd

Societies Without Borders

Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our …

Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative research. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do local ratings issued by the public correspond with third party ratings, such as those produced by the Cingranelli-Richards index (CIRI), the Political Terror Scale (PTS), and Freedom House (FH)? In this study, I address this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for …

The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd

Societies Without Borders

Afghanistan, Colombia, and Sudan are the world’s three longest producers of refugees and internally displaced persons (IDPs). Why? To answer this question, we evaluate the conventional and dominant geopolitical model of forced migration, as well as alternative models that focus on resource-based conflicts and political economy. We demonstrate that in each of the three cases, natural resources are at the heart of the conflicts that precede the involuntary movement of people both across international borders (refugees) and within national borders (IDPs). But the presence of resources by itself does not cause conflicts or forced migration. In Afghanistan, Colombia and Sudan, …

Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw

Societies Without Borders

In 2016, Brazilian social work celebrated 80 years of existence. This writer, a U.S. social worker, traveled south to participate in the celebrations, and to observe—and reflect upon—the role of human rights activism in the practice of our shared profession. This article will discuss both Brazil’s history and its social work profession as they relate to human rights, and highlight ways that Brazilian social workers speak about human rights that challenge the author to become a better social worker and educator.

Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012, Susan C. Pearce Phd

Societies Without Borders

No abstract provided.

Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd

Societies Without Borders

No abstract provided.

Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd

Societies Without Borders

No abstract provided.