Abandoned Criminal Attempts: An Economic Analysis,
2015
Texas A&M University School of Law
Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan
Faculty Scholarship
An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …
The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law,
2015
University fo Richmond School of Law
The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.
University of Richmond Law Review
No abstract provided.
Election Law And Government Ethics,
2015
McGuirewWoods LLP, Richmond, Virginia
Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore
University of Richmond Law Review
This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments thathave significance or general applicability to the implementation of Virginia's election and ethics laws.
Symposium - The Tokyo Round: It's Meaning And Effect, Introduction,
2015
University of Georgia School of Law
Symposium - The Tokyo Round: It's Meaning And Effect, Introduction, Robert S. Strauss
Georgia Journal of International & Comparative Law
No abstract provided.
Colonialism And Cold Genocide: The Case Of West Papua,
2015
Netherlands Institute for War, Holocaust, and Genocide Studies
Colonialism And Cold Genocide: The Case Of West Papua, Kjell Anderson
Genocide Studies and Prevention: An International Journal
Conventional understandings of genocide are rooted in the ‘Holocaust model’: intense mass killing directed at the immediate destruction of the group. Yet, such conceptions do not encompass cases of so-called “slow-motion” genocide, where the destruction of the group may occur over generations. The destruction of indigenous groups often follows such a pattern. This article examines the case of West Papua with a view to developing a new analytical model distinguishing high-intensity “hot” genocides, motivated by hate and the victims’ threatening nature, with low-intensity “cold genocides,” rooted in victims’ supposed inferiority.
Three Words And The Future Of The Affordable Care Act,
2015
University of Michigan Law School
Three Words And The Future Of The Affordable Care Act, Nicholas Bagley
Articles
As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort …
Deferred Action: Considering What Is Lost,
2015
University of Baltimore School of Law
Deferred Action: Considering What Is Lost, Elizabeth Keyes
All Faculty Scholarship
This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …
Systemic Corruption In An Advanced Welfare State: Lessons From The Quebec Charbonneau Inquiry,
2015
Osgoode Hall Law School of York University
Systemic Corruption In An Advanced Welfare State: Lessons From The Quebec Charbonneau Inquiry, Denis Saint-Martin
Osgoode Hall Law Journal
The Quiet Revolution in the 1960s propelled the province of Quebec onto the path of greater social justice and better government. But as the evidence exposed at the Charbonneau inquiry makes clear, this did not make systemic corruption disappear from the construction sector. Rather, corrupt actors and networks adjusted to new institutions and the incentive structure they provided. The patterns of corruption emerging from the Charbonneau inquiry bear the imprint of the so-called Quebec model inherited from the Quiet Revolution in at least three ways: (1) the economic nationalism that made public policies partial towards French-speaking and Quebec-based businesses, notably …
Clean Energy Federalism,
2015
Texas A&M University School of Law
Clean Energy Federalism, Felix Mormann
Faculty Scholarship
Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.
Renewable portfolio standards and feed-in …
Newsroom: Discussing Lawyers During Holocaust,
2015
Roger Williams University
Newsroom: Discussing Lawyers During Holocaust, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Corporate Complicity In Human Rights Violations Under International Criminal Law,
2015
DePaul University
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Political Offences In Taiwan: Laws And Problems,
2015
The University of Akron
Political Offences In Taiwan: Laws And Problems, Ming-Min Peng
Akron Law Review
The subject of this study is what the politically restrictive laws in Taiwan are which have been playing the most decisive role in the politics of "national emergency" of the Nationalist Government, how they operate in practice, how they square with the official Chinese Nationalist Constitution and what the impact is of these laws on the Chinese Nationalist legal system.
Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services,
2015
The University of Akron
Separation Of Powers; Bill Of Attainder; Presidential Papers; Chief Executive's Right To Privacy; Nixon V. Administrator Of General Services, Patricia L. Spencer
Akron Law Review
In addressing itself to the constitutionality of the "Presidential Recording and Materials Preservation Act," the United States Supreme Court in Nixon v. Administrator of General Services (Nixon II) ruled for the first time on the permissible extent of congressional authority to regulate the disposition of official records and papers of a former chief executive. By its action, the Court undertook to reverse two hundred years of practice by past presidents.
The Role Of Courts In Government Today,
2015
The University of Akron
The Role Of Courts In Government Today, James L. Oakes
Akron Law Review
It is elementary constitutional law that American courts have the power of judicial review. While a case can be made (and is still sometimes made by critics of too much judicial intervention) against the courts' power to review federal actions against the Constitution or state actions contrary to the Federal Constitution or statutes, the principle of judicial review is so well ingrained in the American system that it need not be reargued here. Rather I shall examine the principal arguments counseling caution and restraint in the exercise of the power, even though some of these arguments seem to run against …
Lawyers Without Rights: Jewish Lawyers In Germany Under The Third Reich: An Exhibition At Roger Williams University School Of Law,
2015
Roger Williams University
Lawyers Without Rights: Jewish Lawyers In Germany Under The Third Reich: An Exhibition At Roger Williams University School Of Law, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
"The Monster Approaching The Capital:" The Effort To Write Economic Policy Into The United States Constitution,
2015
The University of Akron
"The Monster Approaching The Capital:" The Effort To Write Economic Policy Into The United States Constitution, Maryanne R. Rackoff
Akron Law Review
It is not within the scope of this comment to answer all the above issues. The focus of this paper will be a review of solutions suggested by Constitutional scholars with an emphasis on current proposed legislation. The Constitutional Implementation Act of 198116 (hereinafter S.817) and S.J. Res. 58.17 The current Congressionally-proposed amendment will be discussed in relation to the state applications. A brief review of the legislative history behind Article V will highlight the current efforts by Congress to provide some procedural guidelines for a state-summoned convention. Finally, the provisions of the various state applications will be compared. As …
Sovereign Immunity For Political Subdivisions,
2015
The University of Akron
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Akron Law Review
The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.
The Original Understanding Of The Fourteenth Amendment In Illinois, Ohio, And Pennsylvania,
2015
The University of Akron
The Original Understanding Of The Fourteenth Amendment In Illinois, Ohio, And Pennsylvania, James E. Bond
Akron Law Review
This article reviews the state ratification debates in Pennsylvania, Ohio, and Illinois. Then as now these states were major electoral battlegrounds. In all three states the two parties fielded strong candidates and ran well-organized campaigns. Many of the nationally recognized proponents of the 14th amendment hailed from these states. Those among them who faced re-election were marked men. President Johnson himself made his famous "swing around the circle," defending "My Policy" in major cities in all three states. The President was only the most prominent of the many well-known outsiders who criss-crossed these states in a desperate attempt to influence …
Classifying Political Similarity Of Twitter Users,
2015
Ursinus College
Classifying Political Similarity Of Twitter Users, William K. Paustian
Computer Science Summer Fellows
The emergence of large scale social networks has led to research in approaches to classify similar users on a network. While many such approaches use data mining techniques, recent efforts have focused on measuring the similarity of users using structural properties of the underlying graph representing the network. In this paper, we identify the Twitter followers of the 2016 presidential candidates and classify them as Democrat, Republican or Bipartisan. We did this by designing a new approach to measuring structural similarity, PolRANK. PolRANK computes the similarity of a pair of users by accounting for both the number of candidates they …
Keeping Pace: The U.S. Supreme Court And Evolving Technology,
2015
Ursinus College
Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas
Politics Summer Fellows
Contemporary mainstream discussions of the Supreme Court are often qualified with the warning that the nine justices are out of touch with everyday American life, especially when it comes to the newest and most popular technologies. For instance, during oral argument for City of Ontario v. Quon, a 2010 case that dealt with sexting on government-issued devices, Chief Justice John Roberts famously asked what the difference was “between email and a pager,” and Justice Antonin Scalia wondered if the “spicy little conversations” held via text message could be printed and distributed. While these comments have garnered a great deal of …
