Social and Behavioral Sciences Commons^™

Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

This is a cautionary tale for litigation practitioners and their claimant clients. The decision emanates from the High Court of Singapore, but is equally applicable to any jurisdiction in which security for costs can be sought against the claimant in an action. In Singapore, the Rules of Court set out the procedural rules governing all civil proceedings in the High Court and Subordinate Courts. Unlike the Civil Procedure Rules (CPR), the Singapore Rules of Court do not expressly articulate an overriding objective of timely and proportionate justice. However, the courts have consistently prioritised robust case management and “an uncompromising but …

Corporate Social Responsibility As Corporate Soft Law: Mainstreaming Ethical And Responsible Conduct In Corporate Governance, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This article explores corporate social responsibility ("CSR') as a viable mode of regulation and governance in the corporate arena. A starting premise is that good corporate governance must move resolutely beyond a compliance mindset to one which recognises that effective corporate governance must have an ethical backbone in which the dimensions of responsibility, transparency, and accountability are evident, recognised and supported. Regulatory endeavours and corporate governance reforms in the past decade have increasingly intersected with mainstream CSR motivations. CSR is increasingly inducted and mainstreamed into corporate governance thinking, characterised by the dual perspective ofrisk management and values-driven/principled governance and operations. …

Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu

Research Collection Yong Pung How School Of Law

This article addresses criminal liability for vessel-source pollution in China. It describes relevant Chinese legislation regarding criminal liability for vessel-source pollution, analyses why a criminal case pertaining to vessel-source pollution has yet to be brought in Chinese courts and presents suggestions on how to improve the current regime.

Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu

Research Collection Yong Pung How School Of Law

The introduction of invasive marine species by ships is one of the four most significant threats to the world's oceans.' Global shipping moves over 80% of the world's commodities and transfers approximately 3 to 5 billion tonnes of ballast water each year.^ Every day about 3,000 species of animals and plants are transported around the world in the ballast water of ships, or on their hulls.' Some invasive alien marine species can have serious ecological as well as social and economic impacts."*

Four Candidates, Two-Horse Race?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor of Law and NMP Eugene Tan said that much is at stake for the four political parties contesting the Punggol East by-election. Regardless of how the parties seek to characterise the by-election, it will be fought on both local and national issues. Although it is a four-cornered contest, the race will effectively be a two-horse race between the Workers' Party (WP) and the incumbent People's Action Party (PAP). The by-election is also a way station for PAP and WP as they move towards the next General Election, which promises to be the real watershed election. Assistant Prof …

National Security Pedagogy: The Role Of Simulations, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

This article challenges the dominant pedagogical assumptions in the legal academy. It begins by briefly considering the state of the field of national security, noting the rapid expansion in employment and the breadth of related positions that have been created post-9/11. It considers, in the process, how the legal academy has, as an institutional matter, responded to the demand.

Part III examines traditional legal pedagogy, grounding the discussion in studies initiated by the American Bar Association, the Carnegie Foundation, and others. It suggests that using the law-writ-large as a starting point for those interested in national security law is a …

The Wonder-Clause, Anna Gelpern, Mitu Gulati

Georgetown Law Faculty Publications and Other Works

The Greek debt crisis prompted EU officials to embark on a radical reconstruction of the European sovereign debt markets. Prominently featured in this reconstruction was a set of contract provisions called Collective Action Clauses, or CACs. CACs are supposed to help governments and private creditors to renegotiate unsustainable debt contracts, and obviate the need for EU bailouts. But European sovereign debt contacts were already amenable to restructuring; adding CACs could make it harder. Why, then, promote CACs at all, and cast them in such a central role in the market reform initiative? Using interviews with participants in the initiative and …

Banks And Governments: An Arial View, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Financial systems and public treasuries are communicating vessels: strength or weakness in one flows to the other, and back. This chapter considers the implications of this insight using case studies from Europe, Asia, and Latin America. The connection is not unique to Europe, although it does not always result in feedback effects, or the ‘doom loop’ that has made headlines since 2010. Events now known as banking or government debt crises often have had elements of both, and could have gone either way. Policy and political choices determined their path. In all cases, governments were as indispensable for resolving banking …

Originalism And The Unwritten Constitution, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In his book, America’s Unwritten Constitution, Akhil Reed Amar contends that to properly engage the written Constitution, scholars and laymen alike must look to extratextual sources: among them America’s founding documents, institutional practices, and ethos, all of which constitute Amar’s “unwritten Constitution.” In this article, the author argues that contemporary originalist constitutional theory is consistent with reliance on extraconstitutional sources in certain circumstances. He establishes a framework for revaluating the use of extratextual sources. That framework categorizes extratextual sources and explains their relevance to constitutional interpretation (the meaning of the text) and constitutional construction (elaboration of constitutional doctrine and …

The Equivalence Of Economies And Returns To Scale Revisited: Nonlinear Expansion Paths And The Definition Of Scale

Journal of Economics and Finance Education

That increasing returns to scale is a sufficient condition for generating economies of scale is well understood. Many instructors and most textbooks, however, report that increasing returns is a necessary condition for scale economies. While the necessity of decreasing returns in generating diseconomies of scale can be proven locally for smooth technologies or generally for homothetic or non-variable returns technologies, no such requirement exists when considering discrete scale adjustments along more realistic expansion paths. We argue that the practice of equating economies and returns to scale is an inappropriate generalization that resulted from a historical preference for homothetic production functions.

Distinguishing Probability Weighting From Risk Misperceptions In Field Data, Levon Barseghyan, Francesca Molinari, Ted O'Donoghue, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

The paper outlines a strategy for distinguishing rank-dependent probability weighting from systematic risk misperceptions in field data. Our strategy relies on singling out a field environment with two key properties: (i) the objects of choice are money lotteries with more than two outcomes and (ii) the ranking of outcomes differs across lotteries. We first present an abstract model of risky choice that elucidates the identification problem and our strategy. The model has numerous applications, including insurance choices and gambling. We then consider the application of insurance deductible choices and illustrate our strategy using simulated data.

Originalism And Constitutional Construction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities.

This article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: …

Euro Zone Crisis Management And The New Social Europe, Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

This article analyzes the changes in European governance since the beginning of the euro crisis in relation to the project of constructing Social Europe. The article tracks the incorporation of a structural reform agenda originally designed as bailout conditionality for countries on the verge of default into EU economic governance as a strategy for growth. Beyond the contestable grounds of this reform agenda, its adoption by the EU in the mode of crisis management poses serious questions of legitimacy. The new enhanced economic coordination process includes obligatory guidelines in domains under the legislative competence of Member States, such as labor …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 16 (2013), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Value Conflicts In Psychotherapy, Aaron P. Jackson, Jamie Hansen, Juliann M. Cook-Ly

Issues in Religion and Psychotherapy

Psychotherapy has historically been viewed as value neutral; however, over the last half-century, developments have led many scholars to conclude that we can no longer dismiss the role of values in therapy. Our position is that therapists and clients will inevitably encounter value conflicts during the course of psychotherapy. This article postulates how such conflicts can be addressed so as to preserve and promote the integrity and well-being of both client and clinician. We review challenges to value neutrality and summarize ethical considerations. We discuss strategies to manage values in psychotherapy and conclude by recommending areas for consideration in professional …

In The U.S.: The Failure Of The Danish-American Folk High Schools Vs. The Success Of Highlander Folk, Zizanie Bodene-Yost

The Bridge

The folk high schools remain an important part of Danish culture over one hundred and fifty years after their birth. Although Denmark, and the world, is very different now than it was in the nineteenth century, this unique form of education is still an effective model. On the one hand, it would be a mistake to suppose that the folk high school cannot be relevant outside of the culture in which it originated. However, it would be equally wrong to suppose that the folk high school has not changed or evolved over time, or that it can be transplanted to …

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The Bridge

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The Bridge

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Detecting Malingered Adhd Using The Personality Assessment Inventory : An Exploratory Analysis In College Students, Mandi Wilkes Musso

LSU Doctoral Dissertations

Background: There has been a growing interest in assessment of effort during psychoeducational evaluations, where students may feign symptoms of ADHD to obtain academic accommodations or stimulant medications. Current research suggests most ADHD questionnaires and neuropsychological tests do not adequately distinguish clinical ADHD from simulated ADHD. Objective: The purpose of the current study is to develop an embedded malingering index in the Personality Assessment Inventory (PAI) specifically for detecting feigned ADHD in college students. Method: A sample of 310 undergraduate students were separated into three groups, ADHD Simulators, Prospective ADHD, and College controls. In addition, this study used archival data …

Interpreting Racial Politics: Black And Mainstream Press Web Site Tea Party Coverage, Benjamin Rex Lapoe Ii

LSU Doctoral Dissertations

This dissertation seeks to understand the cultural meanings of the black and mainstream press’ online interpretations of the tea party. Little research exists on the modern black press; what does exist shows that unless the story is about race, the black press mirrors the mainstream press. To my knowledge, no research exists comparing the two presses on a racial issue in an online environment. This dissertation will fill that hole. The tea party narrative was, and continues to be, an intricate story for journalists to tell. Resonant myth offers interpretative templates for journalists to use for crafting cultural meaning while …

Tarrying With The "Private Parts", Robert F. Reid-Pharr

Publications and Research

Two-thirds of the way through Object Lessons (2012), Robyn Wiegman's provocative study of the institutional and ideological development of what she names identity-based modes of inquiry in US colleges and universities, the author recounts a 2003 trip she took to Leiden to attend the inaugural meeting of the International American Studies Association. There, she was regularly met with the claim that American studies, at least as it is practiced by citizens and long-term residents of the United States, was deeply provincial and too caught up with rehearsals of the humdrum difficulties of American social and cultural life, particularly our always …

Strengths And Limitations Of Qualitative Approaches To Research In Occupational Health Psychology, Irvin Sam Schonfeld, Joseph J. Mazzola

Publications and Research

Like all research methods, qualitative methods have strengths and limitations. This chapter describes seven strengths and five limitations. With an understanding of their strengths and limitations and how to minimize and/or balance them, occupational health psychology (OHP) researchers can benefit from qualitative methods. It is important to understand that qualitative findings do not establish generalizable cause-effect relations. However, qualitative methods can help an OHP researcher develop a theory of causality and derive hypotheses related to the theory and, thus, motivate quantitatively organized research designed to test the hypotheses. The challenge for the OHP researcher is to be mindful of what …

Treatment Integrity Failures Matched To Behavioral Function, Joanna Elizabeth Lomas Mevers

LSU Doctoral Dissertations

Prior research on treatment integrity has focused on either the lack of measurement of the independent variable (Peterson, Homer & Wonderlich, 1982; Gresham, Gansle & Noel, 1993; Wheeler, Baggett, Fox & Blevins, 2006; McIntyre, Gresham, DiGennaro & Reed, 2007; Sanetti, Gritter & Dobey, 2011) or on methods to increase overall levels of treatment integrity(Witt, Noell, LaFleur & Mortenson, 1997; Noell, Witt, Gilbertson, Ranier & Freeland,1997; Noell et al., 2005). Yet little research has been devoted to understanding the effectiveness of common interventions when those interventions are implemented with less than perfect integrity. The current investigation evaluated the effectiveness of using …

Exploratory And Confirmatory Factor Analyses Of The Symptom Structure For Autism Spectrum Disorders Using The Baby And The Infant Screen For Children With Autism Traits, Megan Sipes

LSU Doctoral Dissertations

Since autism spectrum disorders (ASD) were first identified, the diagnostic criteria and conceptualization of symptom structure have undergone many revisions. Currently, under the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition-Text Revision (DSM-IV-TR; American Psychiatric Association (APA), 2000), ASD is defined by three symptom categories: impairments in socialization, deficits in communication, and repetitive/restricted behaviors. With the publication of the DSM-5 (APA, 2011), however, ASD will be defined by a two symptom cluster structure in which the main impairments are in the areas of social communication and restricted/repetitive behaviors. With these changes, many assessment measures will need to be re-examined to …

International Organizations, Free Trade And Environmental Citizenship: Mexico And Chile In Comparative Perspective, Sherrie Baver

Publications and Research

This paper focuses on the potential of Free Trade Agreements (FTAs) and specific International Organizations (IOs) to promote democratic and effective environmental governance. FTAs are often cited in the political science literature for their negative impacts; yet, they are central to the present stage of economic globalization. Given that U.S. FTAs have environmental requirements as do accession agreements to developed country IOs (e.g. OECD), they remain under-explored institutions providing space for activists to expand environmental citizenship. The specific research question explored here is how might activists use these institutions to promote procedural environmental rights to information, participation, and justice, collectively …

Memory For Elements Of A Complex Scene : Binding And The Influence Of Attention, Stephanie L. Martin

LSU Doctoral Dissertations

Memory of a complex event includes a multitude of features (e.g., objects, people, and actions) as well as the overall context (e.g., going to a picnic). To recall a complex event you must bind together these features and context into an episodic memory representation. This process of binding creates the subjective experience that certain details belong together. In two experiments, I examined whether particular types of information are bound together (object-to-object, object-to-context) within a memory representation of a scene and how attention may influence this process. Participants viewed a series of scenes and their attention was drawn to some objects …

Causes And Consequences Of Conflict : Exploring The Influence Of Honor-Based Norms And Values On The Experience Of Intimate Partner Violence In The United States, Michelle Elaine Pence

LSU Doctoral Dissertations

The three studies in this dissertation were posed with the common goal of revealing possible explanations for variations in the causes and consequences of interpersonal violence across regional cultures of the United States. Study 1 posed and tested two hypotheses related to the distribution of male-perpetrated intimate partner homicide across regions of the United States. The South and West, two regions characterized in full (the South) or in part (the West) by honor cultures, emerged as the regions with the highest rates of argument- and conflict- related, male-on-female intimate partner homicides in single victim/single offender incidents. Explanations provided at the …

Clarity And Chaos: Is There A Preferred Citation Style In Business Academic Literature?, Leticia Camacho

Faculty Publications

While there is no official style for business writing, the most common citation style in business research has not been determined previously. The purpose of this study is to evaluate the top scholarly business journals to determine the most commonly used citation style in business academic research. The author used the list of 452 top business journals included in the Social Sciences Citation Index (SSCI) Journal Citation Report. The results show that 69% of business journals use a publisher-dictated style, whereas of the “traditional” citation styles, 11% use the American Psychological Association style, 10% use Harvard style, 8% use Chicago …

The Rebranding Of The Brooklyn Nets : A Discourse Analysis, Michael Shane Wunderlich

LSU Master's Theses

This study examined the rebranding of the Brooklyn Nets. A discourse analysis was conducted that observed messages generated by the Brooklyn Nets, selected media sources and fans regarding a number of elements relating to the Brooklyn Nets’ rebrand. Branding is important to businesses and building brand equity and brand associations with the external public is important for businesses looking to succeed in a profit driven world. This is no different for professional sports franchises who also focus on building brand equity and brand associations with sports fans and other members of the general public. By first examining the methods taken …

The Louisiana Recovery School District's Long Term Relationship To Student Dropout And Achievement, Jandel Crutchfield

LSU Doctoral Dissertations

May 14, 2013 marked the 10 year anniversary of the creation of the Louisiana Recovery School District (RSD), the turnaround intervention for low performing public schools. Since 2003, the RSD has grown to include over 80 schools across the state. The purpose of this multilevel longitudinal study was to examine the relationship of the Louisiana Recovery School District to student and school outcomes including risk of dropout and standardized test scores. The dissertation measured these influences over time (2007-2010). The data collected were derived from Louisiana’s Educational Assessment Program (LEAP) and quantitative data on dropout status from the Louisiana Department …