Search Results

1 - 10 of 12 items :

  • History, Philosophy and Sociology of Law x
Clear All
Affective Labor and Governmental Policy: George W. Bush's New Freedom Commission on Mental Health

. Montag, Warren. Louis Althusser. New York: Palgrave Macmillan, 2003. Moynihan, Ray, and Alan Cassels. Selling Sickness: How the World's Biggest Pharmaceutical Companies are Turning Us All into Patients. Vancouver/Toronto: Greystone Books, 2005. Parker-Pope, Tara. "A.D.H.D. Drugs Linked to Higher Test Scores." New York Times (April 27, 2009) // http://well.blogs.nytimes.com/2009/04/27/adhd-drugs-linked-with-higher-test-scores/ (accessed June 9, 2009). http://well.blogs.nytimes.com/2009/04/27/adhd-drugs-linked-with-higher-test-scores

Open access
A Legacy Diminished: President Obama and the Courts

administration and the federal judiciary this article examines that relationship in two ways, looking at Obama’s legacy for the courts and also at how the judicial branch enhanced or diminished his administration’s wider political and policy legacy. On both counts, the record we discuss is a mixed one and there is no clear way in which the wins and losses can be scored. However, the events in the two years following Obama’s departure from ofice lend weight to the view that his imprint on the courts was limited and that his domestic policy legacy was diminished more than it was

Open access
Sentencing Disparities

perhaps making the results more generalizable than would research on a single state or subdivision of a state. There is another significant way that the federal system has influence on the evolution of criminal justice responses in the country. In part due to what some critics perceive as overcriminalization in Congress’ enactment of scores of new federal criminal laws over the last few decades, Rachel E. Barkow, Federalism and Criminal Law: What the Feds can Learn from the States , 109 M ICH . L. R EV . 519, 524-27 (2011). the federal government now operates the

Open access
“To Promote the General Welfare”: Addressing Political Corruption in America

weeks after pleading guilty in a major federal fraud case, Amgen, the world’s largest biotechnology firm, scored a largely unnoticed coup on Capitol Hill: Lawmakers inserted a paragraph into the “fiscal cliff” bill that did not mention the company by name but strongly favored one of its drugs. The language buried in Section 632 of the law delays a set of Medicare price restraints on a class of drugs that includes Sensipar, a lucrative Amgen pill used by kidney dialysis patients. Eric Lipton & Kevin Sack, Fiscal Footnote: Big Senate Gift to Drug Maker , N.Y. T IMES

Open access
The Two Noble Kinsmen: Internal and Legal Transparency in the WTO and Their Connection to Preferential and Regional Trade Agreements

). The usefulness of the Sutherland Report does not lie in providing answers for the legitimacy problems of the WTO, as it seems to be giving the WTO a perfect score. However, it helps delineate some issues, and thus we can sketch a rough territory where the WTO needs improvements. The report did not adequately address the central issue of development in the WTO, in the form of the negotiating asymmetries for developing countries as well as the incomplete and fragmented understanding of development needs, coupled with a blind trust on the trade liberalization

Open access
Investor-State Dispute Settlement and the Future of the Precautionary Principle

Kozloff, Hugo ChÁvez: Oil, Politics and the Challenge to the US (2007). This is one of scores of texts on Chávez published since his election as Venezuelan President in 1999. The case involves the alleged failure of the Venezuelan authorities to honour gold mining concessions held by a Canadian parent company. It was not brought under the terms of NAFTA but instead under the 1998 BIT between the Government of Canada and the Government of Venezuela. In a long and often difficult appraisal, Occupying some 242 pp. the Tribunal eventually turns to the question of fair

Open access
Fundamental Rights in Early American Case Law: 1789-1859

is not exaggerating on this score regarding the English view of the sovereignty of Parliament. Blackstone notes in his Commentaries: The power and jurisdiction of Parliament, says Sir Edward Coke, is so transcendent and absolute, that it cannot be confined, either for causes or persons, within any bounds. And of this high court, he adds, it may be truly said, ‘Si antiquitatem , est vetustissima ; si dignitatem , est honoratissima ; si jurisdictionem , est capacissima’ . It hath sovereign and uncontrollable authority in the making, confirming, enlarging

Open access
Sanctuary Cities: A Study in Modern Nullification?

Scottish-born pamphleteer Thomas Callender to nine months in prison and a $200 fine for criticizing the administration. Id . at 51-53. Though the Federalists and their judges scored temporary victories against Lyon and the like, their heavy-handed approach only fanned the flames of opposition, and convictions created a pantheon of Republican martyrs. If Adams hoped the Alien and Sedition Acts would encourage domestic tranquility, he was sorely mistaken. Most significantly, his actions directly inspired the Virginia and Kentucky Resolutions—and the resulting doctrines

Open access
Adventures in Higher Education, Happiness, And Mindfulness

perceptions and profile, students’ L.S.A.T. scores (25th-75th percentile), and students’ undergraduate G.P.A.s (25th-75th percentile). Some aspirations that many law schools do not seem to pursue are to become places and spaces that are happier, more diverse, more inclusive, more quantitative, and more welcoming. Part II of this Article analyzes why teaching law students about happiness and mindfulness is a worthy goal. First, this part of the Article discusses law student discontent. Second, this part of the Article discusses what motivates law school applicants

Open access
Debt Shifting and Thin-Capitalization Rules – German Experience and Alternative Approaches

the Individual and Corporate Tax Systems: Taxing Business Income Once. US Government Printing Oflce, Washington. Wamser G., 2014. The Impact of Thin-Capitalization Rules on External Debt Usage - A Propensity Score Matching Approach. Oxford Bulletin of Economics and Statistics 76, 764-781. Weichenrieder A.J. and Windischbauer H., 2008. Thin-Capitalization Rules and Company Responses: Experience from German Legislation. CESifo Working Paper Nr. 2456, Munich.

Open access