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The Compatibility of Confucianism and Law
Get PDFIt is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems are compatible, as well as co-existing and integrating compatibilism. Co-existing compatibilism sees Confucianism and the law occupying different spheres within the same legal system while integrating compatibilism sees Confucianism and the law coming together into a new system. In this way, Confucianism offers China an alternative to liberal democratic and Marxist theories of law
The Ineffectiveness of the Reid Technique in Law Enforcement Interrogations and How a Non-Accusatory Model of Interview Can Be Applied in Law Enforcement Interviews in the United States
Get PDFThe research questions that this thesis explored were “Why the Reid Technique is Ineffective for Law Enforcement Interrogations?” and “How a Non-Accusatory Model of Interview Can Be Applied in Law Enforcement Interviews in the United States.” In recent years, the harmful effects of using a confrontational, adversarial interrogation method, such as the Reid technique, have emerged. These interrogation methods are based on pseudoscience. The effects of these types of interrogation methods can include psychological harm and false confessions. Professionals and officials in the law enforcement field are exploring new options for interviewing including non-accusatory methods such as the PEACE model. A non-accusatory method of interviewing can aid in obtaining more information while mitigating the risks of an accusatory method.
To explore these questions, interviews were conducted with Dr. Brent Snook and Mr. David Thompson. Dr. Snook is an academic that researches how science can be applied to the criminal justice system including in interviews and interrogations. Mr. Thompson is the Vice President of Operations for Wicklander-Zulawski, an investigative and consulting company that focuses on utilizing non-accusatory methods of interviewing. From these interviews, Dr. Snook and Mr. Thompson confirmed what has been published about the Reid technique and how it is an ineffective technique to use in modern law enforcement interviews. The PEACE model of interviewing is a model based in science that can be applied to law enforcement agencies in the U.S. The adoption of non-accusatory methods in certain U.S. law enforcement agencies suggest that change is possible. This adoption can be accelerated if a federal mandate is created that requires U.S. law enforcement agencies to adopt a non-accusatory method of interviewing like the PEACE model and discontinue use of accusatory methods such as the Reid technique
Doe v. Nestle, S.A.: Chocolate and the Prohibition on Child Slavery
Get PDFWest Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.
The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they are not properly trained to use, and are subject to various forms of physically demanding work. In the early 2000s, the Ivorian government ratified the International Labour Organization’s Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention 182).
The International Labor Rights Forum (ILRF), an organization that combats our world’s problems of worker’s rights and labor standards, decided to take legal action against companies who refused to follow protocols to eliminate the use of child slave labor on cocoa farms on the Ivory Coast. The ILRF partnered with several law firms across the nation, bringing forth causes of action under the Alien Tort Statute (ATS), the Torture Victim Protection Act (TVPA), and other state-related claims.
Part II of this case note discusses the ATS, its legislative history, and the various noteworthy case law that has interpreted the statute over time. Part III will discuss the scope of aiding and abetting liability for violations of international law and part IV will discuss the procedural history and legal reasoning behind the decisions of Doe v. Nestle, S.A. over the past sixteen years of litigation. Finally, this note will conclude with a personal analysis and prediction regarding the next steps of this case
Charles Wells
Get PDFCharles Wells attended Pace from 1969 to 1972 and graduated with an MBA in Finance and Marketing.https://digitalcommons.pace.edu/oralhistory/1002/thumbnail.jp
Deinstitutionalization, Family Reunification, and the Best Interests of the Child : An Examination of Armenia\u27s Child Protection Obligations Under Conventional International Law
Get PDFFor nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored in the context of residential care institutions. Some advocates of deinstitutionalization assert that children should be reunified with biological relatives under all circumstances. Absolutes, however, are legally precarious and may be practically inconsistent with the BIC standard that practitioners and policymakers are required to acquiesce. In the current essay, the history of international child protection legislation is explored, and the BIC standard is assessed in the context of Armenia’s social system. I evaluate Armenia’s child protection obligations and conclude that the BIC standard may not always trigger deinstitutionalization and family reunification. Implications for international human rights law and the global child protection movement are assessed
Ya Literature: The Growing Phenomenon That Keeps On Growing Thanks to the Adults Who Read It.
No full textTwo Languages in Communication: An Overview of Spanish and Latin American Books in the United States.
No full textYou Talk Like a Girl: Stereotypes about Women’s Language
Get PDFIn her 1973 essay “Language and Woman’s Place,” linguist Robin Lakoff claimed that clear differences exist between the speech of women and men, and that these differences both reflect and perpetuate women’s powerlessness in society. Lakoff’s work became the basis for a substantial number of studies on gendered language since. Outside of academia, assumptions about the existence of “women’s language” are prevalent in popular advice books and manuals directed at women, who are advised to use or avoid certain linguistic features, including those identified by Lakoff nearly fifty years ago. These include the use of empty adjectives, tag questions, hedges, hypercorrect grammar, and super-polite forms.
My study aimed to identify current assumptions about women’s language to uncover the relevance of Lakoff’s claims today and the wisdom of advice directed at women regarding their language behavior. Which linguistic features, both identified by Lakoff and not, are associated with how women use language today?
I distributed a survey containing written dialogues using features associated with women’s language, as identified by Lakoff, or sourced from recent speaking advice for women. Participants were asked to identify the gender of the speakers and their choice. Responses from 600 English-speaking participants confirmed some assumptions about current stereotypes of women’s language (use of specific color terms, super-polite terms, tag questions, and verbosity), but not others (trivialized exclamations, apologies). The qualitative data suggests that stereotypes about gendered language act in concert with other non-language gender stereotypes, making the identification of specific features as women’s language largely contextual
The Carbon Storage Future of Public Lands
Get PDFTo meet the climate and energy goals set forth by the Biden Administration and the Paris Agreement, the United States must dramatically reduce carbon emissions. Use of public lands for carbon dioxide removal activities, including carbon capture, utilization, and storage (CCUS), has the potential to advance carbon reduction goals and concurrently provide economic revitalization opportunities to communities dependent on fossil industries. Current federal law presents numerous challenges and opportunities associated with utilization of federal pore space for CCUS. Although federal grant programs and tax incentives encourage deployment of CCUS technologies, legal and land-management issues related to public lands have received comparatively little legislative or agency attention. This essay seeks to bring attention to land-management aspects of geologic storage and to broaden conversations regarding CCUS technology deployment on federal lands. The authors identify opportunities for courts, agencies, and Congress to address uncertainties related to federal pore space and promote cooperation and coordination with state agencies