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Law

2004

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Articles 1 - 30 of 47

Full-Text Articles in Political Science

Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton Dec 2004

Making Politics De Minimis In The Political Process: The Unworkable Implications Of Cox V. Larios In State Legislative Redistricting And Reapportionment, James R. Dalton

BYU Law Review

No abstract provided.


The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield Nov 2004

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and ...


Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff Nov 2004

Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff

William & Mary Law Review

No abstract provided.


Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai Oct 2004

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Robert L Tsai

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court’s decision. At the same time, it contends that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories ...


Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick Oct 2004

Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick

William & Mary Law Review

No abstract provided.


Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad Sep 2004

Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad

Division II Faculty Publications

Why are some communities more civically engaged than others? Why do some communities provide services with volunteer labor whereas others rely primarily on government provision? When communities provide both volunteer and paid labor for the same service, how do they motivate and organize those volunteers? This article addresses these questions through quantitative tests of prevailing explanations for levels of civic engagement (e.g., education, TV viewing, urbanization) and qualitative analyses of case studies of three medium-sized cities in Japan, focusing particularly on the service areas of firefighting and elder care. The statistical analyses demonstrate that current explanations that rely on ...


Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer Sep 2004

Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad Aug 2004

Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad

Mary Alice Haddad

Why are some communities more civically engaged than others? Why do some communities provide services with volunteer labor whereas others rely primarily on government provision? When communities provide both volunteer and paid labor for the same service, how do they motivate and organize those volunteers? This article addresses these questions through quantitative tests of prevailing explanations for levels of civic engagement (e.g., education, TV viewing, urbanization) and qualitative analyses of case studies of three medium-sized cities in Japan, focusing particularly on the service areas of firefighting and elder care. The statistical analyses demonstrate that current explanations that rely on ...


Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles Aug 2004

Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles

Cornell Law Faculty Publications

“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.


The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman Jul 2004

The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of U.S. Supreme Court associate justice Clarence Thomas, from the conceptual perspective of Theodore Millon.

Information concerning Justice Thomas was collected from biographical sources, speeches, and published reports and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM–IV.

The personality profile yielded by the MIDC was analyzed on the basis of interpretive guidelines provided in the MIDC and Millon Index of Personality Styles manuals ...


International Legal Pluralism, William W. Burke-White Jul 2004

International Legal Pluralism, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


The Constitutionality Of The Filibuster, Michael J. Gerhardt Jul 2004

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler Jul 2004

The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler

Graduate Program in International Studies Theses & Dissertations

This study focuses on transnational smuggling, and puts forth an analytical framework from the smugglers' perspective with respect to route selection, focusing primarily on aspects of economic, political, and human geography. It is predicated on three interconnected decision-making domains that constitute the smuggler's operational landscape, namely access, risk and connectivity, which interact to drive the smugglers' perceptions of route attractiveness. The first two domains operate reciprocally, primarily at the national level of analysis, and together both shape and are shaped by the third at the transnational level to form a feedback loop. With respect to connectivity, the convention of ...


Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts Jul 2004

Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts

Graduate Program in International Studies Theses & Dissertations

The 20th century brought the most horrific weapons and most devastating wars in the history of human civilization. It also gave us the most breathtaking discoveries and technological breakthroughs, including the opening up of outer space to human reach. The commercialization of outer space is one of the most significant developments of our time, giving us an opportunity to put the richness of this medium to the betterment of human conditions on Earth on an increasingly widening scale.

Technological advances have also made space more important militarily. A puzzle now is whether the commercialization of outer space facilitates international cooperation ...


Constitutional Democracy As The Ordered Alternation Of Parties, Jose Luis Sardon Jun 2004

Constitutional Democracy As The Ordered Alternation Of Parties, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.


Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant Apr 2004

Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant

Faculty Scholarship at Penn Law

No abstract provided.


Writings: Introduction Of Gloria Steinem, Edna Louise Saffy Feb 2004

Writings: Introduction Of Gloria Steinem, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Introduction of Gloria Steinem by Edna Saffy, Ph.D. – Jacksonville Women’s Network, February 19, 2004, Jacksonville Florida.


Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal Feb 2004

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons ...


Toward A New Constitutional Anatomy, Victoria Nourse Feb 2004

Toward A New Constitutional Anatomy, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is an important sense in which our Constitution's structure is not what it appears to be--a set of activities or functions or geographies, the 'judicial" or the "executive" or the "legislative" power, the "truly local and the truly national. "Indeed, it is only if we put these notions to the side that we can come to grips with the importance of the generative provisions of the Constitution: the provisions that actually create our federal government; that bind citizens, through voting, to a House of Representatives, to a Senate, to a President, and even, indirectly, to a Supreme Court ...


The Globalization Of Liberalization: Policy Diffusion In The International Political Economy, Zachary Elkins, Beth Simmons Jan 2004

The Globalization Of Liberalization: Policy Diffusion In The International Political Economy, Zachary Elkins, Beth Simmons

Zachary Elkins

No abstract provided.


El Surgimiento De Un Poder Judicial Efectivo En México: Gobierno Dividido Y Toma De Decisiones En La Suprema Corte De Justicia, 1994-2002, Julio Ríos-Figueroa Jan 2004

El Surgimiento De Un Poder Judicial Efectivo En México: Gobierno Dividido Y Toma De Decisiones En La Suprema Corte De Justicia, 1994-2002, Julio Ríos-Figueroa

Julio Ríos-Figueroa

No abstract provided.


Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle Jan 2004

Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle

Eric A. Engle

Uses AI to model RICO racketeering law to examine an uncertain area of law: Whether RICO gives a private right to damages for extraterritorial wrongs.


The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle Jan 2004

The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle

Eric A. Engle

Outilnes the procedural obstacles to Alien Tort Statute Claims and discusses how to surmount them. Relates ATS to Foucaults power-knowledge and power-body discourses.


The Jewish Settlements In The West Bank: International Law And Israeli Jurisprudence, Michael Galchinsky Jan 2004

The Jewish Settlements In The West Bank: International Law And Israeli Jurisprudence, Michael Galchinsky

English Faculty Publications

No abstract provided.


Supreme Court Forecasting Project: Legal And Political Science Approaches To Supreme Court Decision-Making, Theodore Ruger, Pauline T. Kim, Andrew D. Martin., Kevin M. Quinn Jan 2004

Supreme Court Forecasting Project: Legal And Political Science Approaches To Supreme Court Decision-Making, Theodore Ruger, Pauline T. Kim, Andrew D. Martin., Kevin M. Quinn

Faculty Scholarship at Penn Law

No abstract provided.


The Conceptual Jurisprudence Of The German Constitution, William Ewald Jan 2004

The Conceptual Jurisprudence Of The German Constitution, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile Jan 2004

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship at Penn Law

No abstract provided.


Human Rights And National Security: The Strategic Correlation, William W. Burke-White Jan 2004

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin Jan 2004

"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


The Judicial Appointment Power Of The Chief Justice, Theodore Ruger Jan 2004

The Judicial Appointment Power Of The Chief Justice, Theodore Ruger

Faculty Scholarship at Penn Law

No abstract provided.