Claremont Colleges Digital Library
Not a member yet
661114 research outputs found
Sort by
Explaining creativity ::the science of human innovation /
"Genius. Invention. Talent. And, of course, creativity. These words describe the highest levels of human performance. When we're engaged in the act of being creative, we feel we are performing at the peak of our abilities. Creative works give us insight and enrich our lives. Creativity is part of what makes us human. Our nearest relatives, chimpanzees and other primates, are often quite intelligent but never reach these high levels of performance"-
Reimagining Affirmative Asylum
In 2022, the Biden Administration finalized regulations that overhauled procedures for asylum claims for the first time since 1996. These regulations transferred the duty to decide asylum claims in expedited removal from immigration courts to the Asylum Office. While advocates criticized the proposal for its extreme procedural deficiencies, they supported its basic premise: Expanding the jurisdiction of the Asylum Office would be a positive development for asylum seekers. This Article argues the Asylum Office has failed policymakers’ original vision for the asylum system, asylum seekers, and its own asylum officers (AOs) and that any expansion of the office, in its current form, is unwise. In the 1990s, policymakers settled upon the current asylum adjudication system for cost-saving and efficiency reasons. They believed that the Asylum Office would quickly grant meritorious asylum cases and refer frivolous or complicated cases to immigration court for further adjudication. They imagined affirmative grant rates would climb because quick adjudications by AOs and other features of the new system would discourage the filing of frivolous applications. Speedy grants at the Asylum Office would save money by reserving immigration judge (IJ) time for difficult cases. Creating a professional corps of AOs would also increase the quality and consistency of decision-making in the asylum system. This Article argues that each of these important assumptions has not panned out. The Asylum Office fails to grant many meritorious cases: In recent years, IJs granted asylum to between 76 and 83 percent of asylum seekers whom AOs had referred to removal proceedings. Grant rates across offices continue to deviate significantly, and the startling differences between office grant rates are growing. AOs face extraordinary pressure to adjudicate cases quickly. As a result, AOs are often very confrontational during interviews of asylum seekers, even though regulations require them to be “non-adversarial.” Former AOs further admitted to the author that they were more likely to refer an asylum seeker to removal proceedings simply because referring is faster than granting and they are evaluated on the speed at which they adjudicate cases. Given these failures, advocates and scholars should reimagine our affirmative asylum system. This Article begins that reimagination. </p
Comparative law in Asia ::essays in honour of Andrew Harding /
'This book includes essays in honour of Professor Andrew Harding, a leading scholar in the fields of Asian legal studies and comparative constitutional law. Written by his colleagues and friends, the essays deal with important themes in comparative law in Asia, including comparative law methodology and theory; comparative constitutional law; legal transplants and development; and comparative law and society. The essays cover Malaysia, Singapore, Thailand, Myanmar, Southeast Asia and Commonwealth Asia.'-
Developing Anti-Kickback Compliance Guidance at the Intersection of “Sponsored” and “Genetic Testing” Programs
Wettbewerbsrechtliche Grenzen des Datenaustauschs und Datenzugangs : unter Berücksichtigung des Digital Markets Acts und Data Acts.
Research handbook on global governance /
"This carefully curated Research Handbook provides a wide-ranging exploration of global governance, including its successes and failures. It challenges the promise that global institutions and frameworks offer solutions to major world challenges such as climate change, pandemics, war, democracy, human rights and inequalities. Adopting diverse theoretical and methodological approaches, the Research Handbook draws on a broad range of perspectives to interrogate the concepts of 'global' and 'governance', considering the ideologies reflected by these terms. Leading experts discuss the roles played by the state as well as local, regional and international organisations, addressing their accountability, transparency and governance legitimacy. Interdisciplinary in scope, the Research Handbook combines law with history, politics, sociology and international relations to challenge the conventional paradigms of global governance scholarship. It further illustrates the reshaping of transnational interactions and emphasises the need for local, indigenous and comparative viewpoints that are traditionally overlooked. The Research Handbook on Global Governance is a vital resource for scholars and students of public international law, international economic and environmental law, the laws of war and peace, and international relations and politics. It will also benefit academics in political geography and sub-altern studies, as well as policymakers and practitioners in law, regulation and governance"-
Research handbook on the sociology of legal ethics /
"Situating legal ethics in relation to classical sociology of law themes, this astute Research Handbook investigates ethics as a contested set of professional rules designed to protect clients and serve the public, revealing how they operate in action to shape lawyers' relation to state and market power. Expert authors discuss how legal ethics can reflect and legitimate structural inequalities in the legal profession and wider society, exploring their institutionalization within specific social and political contexts. They assess the consequences of ethics enforcement on stratification and access to justice, as well as the influence of ethics in larger conflicts over democracy, authoritarianism, and the rule of law. The Handbook presents a broad range of global perspectives through empirical studies covering the institutionalization of legal ethics in South Africa, feminist lawyering in Turkey, the ethics of Christian lawyers in Australia, and the development of professional standards in European courts. Based on this innovative work, it proposes a framework for understanding the sociology of legal ethics that distinguishes it from other research bodies in the field by placing the social role of ethical rules and their enforcement at the centre of study. Scholars and students of law and society, legal ethics, sociology and sociological theory will greatly benefit from this compelling Research Handbook. Providing an overview of how lawyers understand and practice ethics in their daily work lives, it is also an essential resource for practitioners and policymakers in the legal profession"-
Nebraska business and commercial law - index.
Nebraska business and commercial law explains the landscape of Nebraska business and commercial law by using various primary and secondary resources, starting with Nebraska statutes, followed by relevant Nebraska case law that interprets these provisions, and supplemented by uniform and model acts and other secondary source material for additional context and explanation. It includes a discussion of the requirements of Nebraska law from the formation to the dissolution of an entity in an easy-to-follow structure