13203 research outputs found
Sort by
On the Ground: Real-world Solutions from Start to Finish: Tips from an Imperfect but Aspiring Writer
Get PDFI have a love-hate relationship with writing. Ever since I wrote my first term paper, I have relished researching a thesis topic and exploring my findings. I love assembling the seemingly remote pieces of the puzzle and watching the image take form. (It is perhaps no small wonder that I pursued a career in librarianship, where research is front and center.) Like so many of my fellow English majors, I also love the romantic notion of the writing life—nestling in at a cozy coffee shop to write for hours on end, the shop’s buzz in the background, saturated in the aroma of fresh ground coffee; or taking a page out of Thoreau’s book, spending my days hidden away in a quiet cabin, immersed in the sounds and smells of nature, alone with my thoughts. Distraction-free. Reality, sadly, is far less idyllic. Even over the past year, when we have all been more isolated than usual, when we have spent most of our days, weeks, and months at home rather than in the office, the hustle and bustle of the workplace still found us
Droit constitutionnel (Droit fondamental), 3d
No full textConstitutional law is no longer limited to the study of political institutions, but also encompasses the study of constitutional jurisprudential law. This manual is essentially devoted to French constitutional law, both in its history and in its contemporary developments, in particular in its relationship with the development of European constitutional law.https://www.repository.law.indiana.edu/facbooks/1245/thumbnail.jp
The Fraud Triangle and Tax Evasion
Get PDFThe “fraud triangle”—a theory of why people commit fraud —is the preeminent framework for analyzing fraud in the accounting literature. It developed out of studies of fraudsters, including inmates convicted of embezzlement. The three components of the fraud triangle are (1) an incentive or pressure (usually financial); (2) opportunity; and (3) rationalization.
There is a separate, extensive legal literature on tax compliance and evasion. The fraud triangle is largely absent from this legal literature, although tax evasion is a type of fraud. This Article rectifies that oversight, analyzing how using the fraud triangle as a lens can inform the legal literature on tax compliance. In addition, the Article argues that the fraud triangle can provide a conceptual frame that provides a place for two distinct types of tax compliance theories discussed in the legal literature: the traditional deterrence model and certain behavioral theories
Human Rights in the New Era? Tools to Increase Participation of People with Disabilities in the workplace: An Analysis of Laws in Hungary and the United States
Get PDFPeople with disabilities face obstacles related to negative attitudes or opinions, deeply rooted stigma, and stereotypes in the workplace and everyday life, which leads to their social exclusion. The cornerstone of new developments in disability studies, the human rights model of disability, recognizes this social problem and aims to provide a catalog of the human rights of people with disabilities. It introduces the concept of human dignity to disability law, the human rights based approach, and advances the concept of inclusive equality. The question of this thesis is whether the human rights model of disability can give appropriate guidance on how to reach full participation of people with disabilities in employment.
For this purpose, the thesis investigates the legal frameworks of the United States and Hungary, using comparative research methodology. It considers four factors on the topic: the constitutional aspects of the inclusion of people with disabilities, policy development related to people with disabilities, the legal definitions of “disability” and the principle of non-discrimination, with special regard to reasonable accommodation. Regarding these factors, the thesis takes different levels of law into account, while evaluating both primary and secondary sources. On the Hungarian side, this includes the United Nations Convention on the Rights of People with Disabilities, European law, and Hungarian domestic law, while on the US side it explores federal legislation and federal court decisions. The thesis concludes both legislation and judges are very important in making the human rights model of disability applicable
Penises, Nipples, and Bums, Oh My!: An Examination of How Freedom of Expression Applies to Public Nudity
Get PDFHow do you solve a problem like the nipple? A woman\u27s nipples are both erotic and utilitarian, obscene and maternal. She must never show them in public. She must show them to feed her child. Nipples are for men. Nipples are for babies. Nipples, it seems, are for everyone except a woman herself. The law, too, has something to say about nipples. It is completely constitutional for the government to prevent women from publicly showing their nipples in order to protect morality and public order. Thus, the law assumes an inversely proportional relationship between the number of publicly exposed nipples and the strength of a community\u27s moral standards.
Despite the First Amendment\u27s deep concern for protecting counter-majoritarian speech and minority points of view, recent cases have
shown that the full freedom of speech does not extend to women who wish to repossess the nipple\u27s narrative. By exposing their breasts in public, these women attempted to use their nipples as a form of symbolic speech and communicate their antipathy towards laws that sexualize the female body. But the laws that sexualized their breasts also silenced their nipples, and these cases both ended in courts denying First Amendment protection to topless protests.
America is not the only jurisdiction that does not have an answer to the legal conundrum of public nudity as protest speech. One man recently challenged the United Kingdom and European Union through his single-minded determination to undermine centuries worth of custom and convince people to embrace public nudity. Steven Gough, the so-called naked rambler, has made it his mission to use his own naked body as an instrument of protest against inherited social norms hostile to public nudity.5 His assertion that his public nudity is a form of expression that merits protection under Article 10 of the European Convention on Human Rights (officially called the Convention for the Protection of Human Rights and Fundamental Freedoms) raises critical questions about how legal systems ought to treat civil liberties that challenge social norms and traditional standards of morality.
The two US cases that challenged the First Amendment\u27s treatment· of the female nipple, Tagami v. City of Chicago and Free the Nipple v. City of Fort Collins, were instructive in their absolute failure. The courts in both cases applied long-established tests to determine whether topless protests amounted to symbolic speech with full First Amendment protection. The specifics of the tests themselves, as well as how the courts applied them, demonstrated the predetermined futility of the plaintiffs\u27 plight. Within the context of symbolic speech, the female nipple uniquely challenges existing legal standards by both its multifaceted cultural identity and its physical limitations. Yet, instead of acknowledging that existing standards of symbolic speech do not account for the nipple\u27s particular limitations, the courts in both cases allowed the law to trap the nipple in a self-perpetuating cycle of unprotected speech.
This note will begin by exploring the two recent legal challenges to the First Amendment\u27s treatment of the female nipple. Both cases emerged out of the plaintiffs\u27 reactions to local public-nudity ordinances and their dissatisfaction with laws that legalized disparate treatment of male and female bodies. The courts\u27 treatment of both cases only validated the plaintiffs\u27 arguments that the law does not treat female bodies with careful and unbiased consideration. ·Second, this note will examine two legal tests cited by the courts in their rejection of the plaintiffs\u27 claims that topless protests are constitutionally protected symbolic speech. These are the Spence test, which controls what expression counts as symbolic speech, and the O\u27Brien test, which controls whether the government may suppress symbolic speech. This note will also consider the legal struggles of Steven Gough and his unwavering commitment to changing general attitudes towards public nudity. The third section will consider two cases involving Gough: one in which the United Kingdom sought to impose criminal sanctions against him, and another which Gough brought before the European Court of Human Rights (ECtHR), in which he challenged the UK government\u27s treatment of his right to freedom of expression. Finally, this note will analyze the problems with the US courts\u27 treatment of First Amendment protections related to the female nipple and the similar flaws in the way the European Union and UK government handle nude protests.
The goal of this note is not to suggest that women could end, or even significantly influence, the patriarchal pallor of American culture if only they were allowed to show their nipples in public, nor that a single man can change centuries of inherited prejudice against public nudity. Indeed, the author remains agnostic regarding the value of topless and nude protests and whether they are sufficiently expressive to warrant First Amendment or Article 10 protection. However, regardless of whether the courts should recognize topless protests to be symbolic speech or nude protests to be socially permissible, both the American and European courts must assess the merits of such claims fairly. Under the present metrics for symbolic speech and freedom of expression, both court systems clearly do not treat the nipple or the naked body fairly. Therefore, this note aims to demonstrate that under the current legal standards for evaluating First Amendment claims, women will never have the opportunity to use their nipples to make statements about entrenched cultural sexism because that entrenched sexism has already permeated First Amendment jurisprudence, and that similarly conservative thinking is baked into the European right \u27to freedom of expression
Acing Evidence: A Checklist Approach to Solving Evidence Problems, 3rd.
No full textAcing Evidence offers a succinct, clear, and user-friendly review of federal evidence law. Providing many helpful examples and employing checklists at the end of every chapter, Acing Evidence presents an organized way to analyze evidence problems and spot hidden issues. This book is invaluable for reviewing evidence, preparing for the bar exam, and assessing evidence at trial. The third edition adds new examples and reflects changes in the Federal Rules of Evidence.https://www.repository.law.indiana.edu/facbooks/1254/thumbnail.jp
Firearm Legislation and Advocacy
No full textProfessor Madeira\u27s contribution to this volume is chapter 13 Firearm Legislation and Advocacyhttps://www.repository.law.indiana.edu/facbooks/1255/thumbnail.jp
