Social and Behavioral Sciences Commons^™

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim

Young K Kim

In view of the rule of international law, the Japanese control upon the Korean territories during these 26 years could only been precisely defined as a belligerent occupation. No sovereign title or any legally valid title had ever been entitled to Japan, by this belligerent occupation. So, when the subjection by the Japanese warlords ended, the liberated Korea had immediately resumed the national liberty and the proud cultural heritage. Any vestiges of Japanese control over to the Korean territories should have been eliminated completely, and at once. Removing Japanese warlords from the Korean territory was the only condition for the …

Many Lohias? Appropriations Of Lohia In Karnataka, Chandan Gowda

Chandan Gowda

Analysing Rammanohar Lohia’s reception in the spheres of party politics, social movements and literature in Karnataka, it emerges that his impact on electoral politics in the state was not substantial. However, key policy innovations such as Devaraj Urs’ land reforms and pro-backward class policies in the 1970s owed a debt to Lohia. He was also a major influence on social and literary movements in the state. Besides inspiring some of the key leaders of the farmers’ movement, Lohia contributed to the distinctiveness of the dalit movement in Karnataka. His ideas on caste, language and individual freedom also inspired the leading …

Archiving From Above, Chandan Gowda

Chandan Gowda

No abstract provided.

Village Deities - An Interview With Siddalingaiah, Chandan Gowda

Chandan Gowda

No abstract provided.

The Idea Of Karnataka - An Interview With Ur Ananthamurthy, Chandan Gowda

Chandan Gowda

No abstract provided.

Food Etc. - An Essay By Rahmat Tarikere, Seminar (Special Issue: Karnataka Vignettes), Chandan Gowda

Chandan Gowda

No abstract provided.

"Advance Mysore" : The Cultural Logic Of A Developmental State, Chandan Gowda

Chandan Gowda

What governs state interests in development in formerly colonised societies? Conventional social science accounts stress politico-economic variables, particularly the need for capital accumulation. By means of a detailed analysis of the Bhadravati Iron Works, an ambitious industrial project in the state of Mysore in colonial India, it is demonstrated that mechanisms are also important in state-led development. Locational disadvantages, technical problems, and increased production costs made the iron plant an unprofitable venture from its inception. The state, however, kept the plant operational on grounds of its pedagogic value for local society. A claim for civilisational recognition for India’s capacity for …

Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

The author criticizes the power of the Chilean Constitutional Court to exercise compulsory ex-ante control of statutes, established in article 93, number 1, of the Chilean Constitution. After clarifying its special juridical nature, he analyzes the advantages and disadvantages of this system of control, using national and foreign bibliography. The existence of a constitutional seal aggravates the disadvantages. Then, he dedicates a section to study the motivation of the judgments generated in this type of control, questioning its value. For such purposes he makes a theoretical and empirical study of the jurisprudence of the Chilean Constitutional Court in the last …

Fairness And The Willingness To Accept Plea Bargain Offers, Oren Gazal-Ayal, Avishalom Tor, Stephen M. Garcia

Oren Gazal-Ayal

In contrast with the typical assumption in plea bargaining law and economics, we show defendants may reject plea offers based on fairness considerations. Specifically, offers where the sanction clearly appears excessive for the crime ("substantively unfair") and offers that appear inferior to those received by others in similar cases ("comparatively unfair") diminish defendants' wiliingness to accept plea offers (WTAP). Part 1 analyzes real-world data in Study 1 and reviews early experiments, all of which sugget substantive fairness impacts WTAP but do not control for important confounds. Part 2 therefore presents Studies 2-4 that confirm the independent impact of substantive fairness. …

Putting Forfeiture To Work, Sarah M. Buel

SARAH M BUEL

Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …

Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald

David Cook-Martín

The relationship between classical political liberalism and racism poses distinct puzzles for different schools of scholarship. On the one hand, conventional accounts maintain that racism has been an aberration in politically liberal regimes. In the field of international migration, prominent analysts have argued that politically liberal regimes are inherently incompatible with legal discrimination based on race. Yet an examination of immigration and nationality laws throughout the Americas from 1850 to 2000 suggests that racial discrimination has been more common in liberal than in illiberal countries of immigration. These empirical findings puzzle scholars who assume (1) the progressive extension of rights …

Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell

Liz Campbell

The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose …

Comment On James Boyd White's Book "Living Speech" (Princeton 2006), Yofi Tirosh

Yofi Tirosh

Professor White introduces a new way for thinking about speech; a new measure for assessing it. He invites us to use speech carefully and responsibly, in what he calls “living speech.” Caring about the value of speech is not merely an aesthetic endeavor. As meaning making creatures, as “centers of meaning,” we should know how to recognize the speech that is essential to our humanness. Because living speech is “what enables any of us to be a person in the first place” (16).

How can we recognize living speech? The short answer that White gives us, which is indeed poetic …

From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler

Aaron J Shuler

Abstract Scholars have written about the duality of the substantive due process and equal protection doctrines and described how they have worked in tandem, although many academics have focused on, or outright called for, a preference for the use of the equal protection clause. Another contingent of the academic community, however, has discussed the favored use of substantive due process in the last fifty years in providing equal treatment for all groups by ferreting out discrimination against marginalized minorities. Scholars have also separately alluded to substantive due process’ ability to protect the most existential of liberties. This works seeks to …

Softe Praat, Efficiënte Remedies, Jenneke Christiaens

Jenneke Christiaens

No abstract provided.

Manifest Greatness The Final Original Version By Emmanuel Mario B Santos Aka Marc Guerrero, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS vf24jan2010 WE COME TOGETHER THERE OUGHT TO BE NO POOR WE TAKE CHARGE.

The Prüm Regime: Situated Dis/Empowerment In Transnational Dna Profile Exchange, Barbara Prainsack, Victor Toom

victor toom

This paper takes critique of surveillance studies scholars of the shortcomings of the panoptic model for analysing contemporary systems of surveillance as a starting point. We argue that core conceptual tools, in conjunction with an under-conceptualization of agency, privilege a focus on the oppressive elements of surveillance. This often yields unsatisfying insights to why surveillance works, for whom, and at whose costs. We discuss the so-called Prüm regime, pertaining to transnational data exchange for forensic and police use in the EU, to illustrate how—by articulating instances of what we call ‘situated dis/empowerment’—agency can be better conceptualized, sharpening our gaze for …

The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris

Grant H Morris

In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner. …

Teaching With Emotion: Enriching The Educational Experience Of First-Year Law Students, Grant H. Morris

Grant H Morris

Through the case method and Socratic dialogue, first year law students are taught to develop critical legal analytic skills–to “think like a lawyer.” Those skills, however, are primarily, if not entirely, intellectual. This article discusses the need to address emotional issues in educating law students. Unlike other articles, my article does not merely urge professors to raise such issues in their classes and discuss them analytically. Rather, I want students to actually experience emotion in the classroom setting as they discuss various fact situations and the legal principles involved in the resolution of disputes involving those facts. Law students need …

Native America, United States Senate Bill S.578 And The United States Supreme Court, Dewi I. Ball

Dewi Ioan Ball

In 2003, the United States Senate introduced bill S.578 and the House of Representatives introduced H.R. 2242, both of which were called the Tribal Government Amendments to the Homeland Security Act. In light of the attacks of September 11, 2001, the bills were designed to shore up the security of the United States, and specifically, allow greater authority and jurisdiction for Native American Nations to combat terrorism and the threat of terrorism on reservations. This article examines the impact of Section 13 of S.578, which was a re-affirmation of the principle of inherent tribal sovereignty and the congressional definition of …

United States Supreme Court Opinions And Their Negative Impact On The Everyday Lives Of Native Americans Tribes, Dewi I. Ball

Dewi Ioan Ball

This article examines the connection between U.S. Supreme Court decisions and their impact on the everyday lives in a small number of Native American reservations. Since 1959, the U.S. Supreme Court has been slowly eroding the Indian sovereignty doctrine and with this erosion has come an increasing number of cases decided against Indian interests. After the watershed cases of Atkinson Trading Co., v. Shirley and Nevada v. Hicks in 2001, the Indian Senate Committee conducted a hearing on the rulings of the U.S. Supreme Court. With reliance on three key publications, this article addresses a gap in Federal Indian law …

Measuring Crack Cocaine And Its Impact, Roland Fryer, Paul Heaton, Steven Levitt, Kevin Murphy

Paul Heaton

A wide range of social indicators turned sharply negative for Blacks in the late 1980s and began to rebound roughly a decade later. We explore whether the rise and fall of crack cocaine can explain these patterns. Absent a direct measure of crack cocaine’s prevalence, we construct an index based on a range of indirect proxies (cocaine arrests, cocaine-related emergency room visits, cocaine-induced drug deaths, crack mentions in newspapers, and DEA drug busts). The crack index we construct reproduces many of the spatial and temporal patterns described in ethnographic and popular accounts of the crack epidemic. We find that our …

The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas, Allison D. Redlich

Allison D Redlich

No abstract provided.

Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison D. Redlich, Alicia Summers, Steven Hoover

Allison D Redlich

No abstract provided.

Enrollment In Mental Health Courts: Voluntariness, Knowingness, And Adjudicative Competence, Allison D. Redlich, Steven Hoover, Alicia Summers, Henry J. Steadman

Allison D Redlich

No abstract provided.

False Confessions, False Guilty Pleas: Similiarities And Differences, Allison D. Redlich

Allison D Redlich

No abstract provided.

El Canon Neoconstitucional, Leonardo García Jaramillo, Miguel Carbonell S

Leonardo García Jaramillo

No abstract provided.

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias from …

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …

New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The Special Section on developmental research on social information processing (SIP) and antisocial behavior is here introduced. Following a brief history of SIP theory, comments on several themes—measurement and assessment, attributional and interpretational style, response evaluation and decision, and the relation between emotion and SIP—that tie together four new empirical investigations are provided. Notable contributions of these studies are highlighted.