Social and Behavioral Sciences Commons^™

Media Coverage Of The Murders Of Nepal's Royal Family, Arjun Guneratne

Arjun Guneratne

No abstract provided.

Combating Terrorism On The Free Highway, Raphael Cohen-Almagor

raphael cohen-almagor

The Internet has enabled transnational jihad based on a decentralized network that overcomes the limitations of face-to-face interaction. Terrorists are making the most of the Internet to: 1) find essential information, 2) communicate, and 3) coordinate among each other in order to wage violent anti-social operations.

The Commons, Capitalism, And The Constitution, George Skouras

George Skouras

Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.

Intellectual Property Policy, Matthew Rimmer

Matthew Rimmer

Reclaiming Egalitarianism In The Political Theory Of Campaign Finance Reform, Frank Pasquale

Frank A. Pasquale

Recent advocacy for campaign finance reform has been based on an ideal of the democratic process which is unrealistic and unhelpful. Scholars should instead return to its egalitarian roots. This article examines how deliberative democratic theory became the main justification for campaign finance reform. It exposes the shortcomings of this deliberativist detour and instead models campaign spending as an effort to commodify issue-salience. Given this dominant function of money in politics, a more effective paradigm for reform is equalizing influence. Advocates of campaign regulation should return to the original principles of reformers; not an idealized vision of the democratic process, …

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

Becoming Differently Modern: Geographic Contributions To A Generative Climate Politics, Lesley M. Head, Christopher R. Gibson

Lesley Head

Anthropogenic climate change is a quintessentially modern problem in its historical origins and discursive framing, but how well does modernist thinking provide us with the tools to solve the problems it created? On one hand even though anthropogenic climate change is argued to be a problem of human origins, solutions to which will require human actions and engagements, modernity separates people from climate change in a number of ways. On the other, while amodern or more-than-human concepts of multiple and relational agency are more consistent with the empirical evidence of humans being deeply embedded in earth surface processes, these approaches …

Military Control Over War News: The Implications Of The Persian Gulf, Stephen D. Cooper

Stephen D. Cooper

News coverage of warfare poses a difficult problem for political systems with a free press, such as ours in the United States. In an era of high-tech weaponry and nearly instantaneous global communications, conflicts are inevitable between the obligation of the press to inform the general public, and the obligation of the military to successfully conduct war. The military’s controls over news-gathering during the 1990-91 Persian Gulf War set off a controversy still smoldering during the Haiti occupation of 1994. This paper examines the legal, historical, and technological aspects of this issue.

News Media Objectivity: How Do We Ask The Questions?, Stephen D. Cooper

Stephen D. Cooper

There is a lively and often public debate in progress concerning the objectivity of the news media, or the lack of it Scholars have approached this topic from three distinct angles: content analysis, values, and the economics of the news industry. Their conclusions have varied markedly, apparently guided by their particular frames of reference. This article suggests that while we seem to have lost our fix on objectivity as a measurable attribute of news products, the news work routine of objectivity encourages fairness in our public discourse, and deserves attention in scholarly research.

Social Issues In America, Stephen Cooper

Stephen D. Cooper

One of the more contentious issues in social science at this time is the question of media bias. Both the scholarly and popular literature are thick with writings on this topic, yet for all the interest in it and work devoted to it we are far from a consensus on how media bias can be defined, conceptualized, or researched. Ironically enough, many writings on the subject of media bias do take the position that the news content distributed to the public fails, in one respect or another, to accurately and fairly represent real events, issues, personalities, and situations. Studies differ …

Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker

Chad I Brooker

Specialty drugs represent a growing concern for both health insurance issuers and beneficiaries given their exceedingly high (and growing) costs—representing almost half of all drug spend by 2017. Payers have sought to reduce their specialty drug spend by sharing more of the cost of these drugs with the beneficiaries who depend on them through the creation of specialty drug tiers. This has forced some patients to choose between forgoing other needs to pay for their medications or not take them at all. While several states have sought to outlaw the use of specialty drug tiers or limit pharmaceutical OOP cost-sharing, …

Critical Tax Policy: A Pathway To Reform?, Nancy J. Knauer

Nancy J. Knauer

The Global Recession of 2008 and ensuing austerity measures have renewed the urgency surrounding the call for fundamental tax reform. Before embarking on fundamental tax reform, this Article proposes adding a critical lens to existing US tax policy to ensure that any proposals for change are informed, transparent, and responsive to the needs (and abilities) of individual taxpayers. This Article makes the case for a specific method of inquiry – Critical Tax Policy – that is built on the articulation of difference rather than false assumptions of sameness. Critical Tax Policy incorporates the insights of a growing international tax equity …

What’S Age Got To Do With It? Supreme Court Appointees And The Long Run Location Of The Supreme Court Median Justice, Matthew L. Spitzer

Matthew L Spitzer

For approximately the past 40 years Republican Presidents have appointed younger Justices than have Democratic Presidents. Depending on how one does the accounting, the average age difference will vary, but will not go away. This Article posits that Republicans appointing younger justices than Democrats may have caused a rightward shift in the Supreme Court. We use computer simulations to show that if the trend continues the rightward shift will likely increase. We also to produce some very rough estimates of the size of the ideological shift, contingent on the size of the age differential. In addition, we show that the …

Rescuing Access To Patented Essential Medicines: Pharmaceutical Companies As Tortfeasors Under The Prevented Rescue Tort Theory, Richard Cameron Gower

Richard Cameron Gower

Despite some difficulties, state tort law can be argued to create a unique exception to patent law. Specifically, the prevented rescue doctrine suggests that charities and others can circumvent patents on certain critical medications when such actions are necessary to save individuals from death or serious harm. Although this Article finds that the prevented rescue tort doctrines is preempted by federal patent law, all hope is not lost. A federal substantive due process claim may be brought that uses the common law to demonstrate a fundamental right that has long been protected by our Nation’s legal traditions. Moreover, this Article …

Bringing Some Clarity To The Media Bias Debate, Stephen Cooper

Stephen D. Cooper

Jim A. Kuypers’ recent book, Press Bias and Politics, has made a significant advance in the methodology of inquiring into this issue—although it’s a safe bet that many in the scholarly community will be tempted to dismiss it out of hand. That’s a shame, if so, because even if one is disinclined to accept Kuypers’ conclusion that the press tends to favor ideas associated with the political left, his method can at least put the debate on a firmer footing.

Electoral Reforms, Vijaya Krushna Varma Mr

VIJAYA KRUSHNA VARMA Mr

Varma proposes new political and electoral reforms for better, healthy, strong and improved democracy

Costs Of Codification, Dru Stevenson

Dru Stevenson

Between the Civil War and World War II, every state and the federal government shifted toward codified versions of their statutes. Academia has so far ignored the systemic effects of this dramatic change. For example, the consensus view in the academic literature about rules and standards has been that precise rules present higher enactment costs for legislatures than would general standards, while vague standards present higher information costs for courts and citizens than do rules. Systematic codification – featuring hierarchical format and numbering, topical arrangement, and cross-references – inverts this relationship, lowering transaction costs for legislatures and increasing information costs …

The Untouchables (Pakistan Observer), Shams Uz Zaman Mr.

Mr. Shams uz Zaman

Discuss the social and class differences in Pakistan.

General Elections - Voting On Single Day And In Single Phase, Vijaya Krushna Varma Mr

VIJAYA KRUSHNA VARMA Mr

The expanded banking system will help the Election Commission conduct voting for general elections on single day and in single phase. All elections from panchayats to Parliament can be conducted with the help of expanded banking system with minimum cost and without rigging and impersonate voting

Commentary: Critical Analysis Of Chiropractic At The Crossroads Or Are We Just Going Around In Circles., Dennis M. Richards

Dennis M Richards

This commentary presents critical analysis of a paper published by Dr John Reggars, and based, as he admitted, on his perceptions and opinions. Many of those are wrong. Others raise important questions. Sourced from a lecture presented by him at the 2010 annual conference of the Chiropractic and Osteopathic College of Australia (‘COCA’), this polemic is best understood in its historical and political contexts. COCA’s objects include political activity and Reggars is its vice president, which he failed to declare.

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …

The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova

Zdravka Tzankova

Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.

A pervasive and long-standing problem, nonpoint pollution, nutri- ent and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint …