Legal Studies Commons^™

Vol. 20 No. 3 (1997): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 20, No 3 Edition of the Pacific Studies Journal

Trends. Encrypting Encryption: Some Comments On S. 909, Secure Public Networks Act, Ibpp Editor

International Bulletin of Political Psychology

The author discusses The use of technology and telecommunications being employed by people in the commission of crimes, viz., terrorism and organized crime.

Post-Uruguay Round Gatt/Wto Dispute Settlement: Substance, Strengths, Weaknesses, And Causes For Concern, Michael Tkacik

Faculty Publications

Dispute settlement under the General Agreement on Tariffs and Trade (“GATT”) has come under increasing strain in recent years. The major powers often ignore GATT dispute settlement decisions which do not comport with their economic interests. This situation undermines the credibility of the GATT and threatens the system's framework. If dispute settlement under the GATT continues to be ineffective as it has been through much of the 1980s and early 1990s, GATT member states (“Members”) may well lose faith in the system, begin reimposing the tariffs that were present before the GATT, thereby risking worldwide trade war and possibly consequences …

Terrorism And Legal Competence: A Reader's Opinion, Ibpp Editor

International Bulletin of Political Psychology

A reader, a police officer from a Pacific Basin Country, wishing to remain anonymous, reacts to IBPP article "Terrorism and Legal Competence" (V. 1, No. 1, November 8, 1996), discussing that article's treatment of terrorism and versions of legal competency. Religious as well as intolerance are likewise discussed.

Terrorism And Legal Competence, Ibpp Editor

International Bulletin of Political Psychology

The editor examines the concept of legal concept of competency in context of terrorism.

An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal

Faculty Publications

This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …

No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo

San Diego Law Review

In this Article, the author examines the origins of the no-fault divorce movement, concluding that the abandonment of fault grounds was conceived as a conservative measure intended to facilitate the reversal of the escalating divorce rate and to replace traditional marital dissolution with therapeutic divorce. This reform collapsed at mid-point, achieving only the jettisoning of divorce grounds. The author argues that an unintended consequence of the reform battle was the transformation from mutual consent divorce, the operating milieu for most of the twentieth century, into divorce on demand. The author concludes that this transformation has resulted in a significant loss …

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

Rascals In Paradise: Urban Gangs In Papua New Guinea, Nand E. Hart Nibbrig

Pacific Studies

No abstract provided.

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.

The Balfour Declaration And International Law, Thomas Noreuil

Masters Theses

An American general who formerly headed the United Nations Truce Supervision Organization in Palestine stated recently: "The American mind is being manipulated as far as Palestine is concerned." He was referring to Zionist manipulations. My own experiences with the Zionist Organization of America, which refused to answer any of my requests for varied information, confirm the general's charge. My own acquaintance with the Palestine problem has revealed that the equities involved in the area have been buried under a mass of distortion, misinformation and insidious propaganda which have misrepresented the actual facts and veiled the historical and legal truth to …

Latin American States And The Law Of The Sea, King Farouk Brimah

Masters Theses

No abstract provided.

Ua37/23 Whas Broadcast No. 23, Whas, Western Kentucky University, Earl Moore

WKU Administration Documents

Script for weekly WKU broadcast on WHAS radio. includes letter from Henry Cherry advertising the debate program between WKU and Asbury College. Debaters were Paul Huddleston and Coy Parsley discussing the power of the Supreme Court.

Book Review. Seligman, E. Et. Al. (Eds.). The Encyclopedia Of The Social Sciences. Vol. 1, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Niskey, Lima, Moore Come Under Wire Just Before Closing Period, Unknown

Ina and Noel Harris Collection

Article on last minute candidacies filed with City Clerk. Brief background on candidates who made these late submissions: Niskey, Lima and Moore.

[Unknown author and missing rest of article]