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1.
2.
Robert Reagan 《环境索赔杂志》2019,31(3):191-217
AbstractFor nearly a decade, Republicans accused Democrats and the Obama Administration of waging a “war on coal” and Democrats has cited economics as the primary cause of the industry’s troubles. Now that President Trump has declared the war on coal to be over, it is time to examine the regulations promulgated during the Obama Administration and their impact on the industry. This article will discuss the coal industry prior to, during, and after the Obama Administration with particular attention to Obama-era regulations that impacted the industry and President Trump’s efforts to repeal and replace the same. 相似文献
3.
There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education. 相似文献
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5.
G. Robert Blakey 《Trends in Organized Crime》2006,9(4):8-34
In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt
Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The
1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define
“racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate,
try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation
and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set
of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed
by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions.
In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full
panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages.
RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal
behavior.
William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre
Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United
States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat.
922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general
treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin
Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy
Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996). 相似文献
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8.
Robert H. Dorff 《国际研究展望》2005,6(1):20-34
This paper addresses the relationship between accumulated knowledge and U.S. policy dealing with failed states and terrorism. The central thesis is threefold: (1) that more was known about the possible linkages between failing states and terrorism than appears in pre-9/11 U.S. policies; (2) that since 9/11 some important realignment of knowledge and practice has occurred, but it remains partial and incomplete; and (3) that new knowledge, especially about the policies to sustain and promote legitimate governance, needs to be generated in order to support an effective grand strategy for addressing the threats and challenges of the twenty-first century. The paper recommends such a grand strategy and, in addition to the required new knowledge, a significant reorganization of the U.S. national security policy-making apparatus. International studies curricula appear well suited for contributing to that new knowledge and the practitioners we require. 相似文献
9.
Bingo is one of two legalized forms of gambling in the state of North Carolina. This paper is largely a product of information
gleaned from an undercover police operation conducted by a special state task force constructed by the State Attorney General
in 1983. The investigation concerned violation of state law designed to regulate bingo activity. This report provides the
reader with the development of state law associated with bingo operations, and concentrates on the illegitimate methods used
by professional operators to cheat bingo patrons. Legislation designed to crack-down on bingo abuse is discussed as well
Gambling is one of the most controversial social activities yet one of the least studied forms of social behavior (King, 1985).
Bingo is a specific form of legalized gambling which has received very little attention by social scientists. There have been,
however, a few studies which address the characteristics and motivations of bingo players. For example, it has been suggested
that bingo is primarily a female activity (Dixie, 1987). However, it has been found that motivations among male and female
players differ. Females are motivated more by social contact with other players, whereas men are motivated more by a need
for economic advancement (King, 1985). Although some studies exist on the characteristics of bingo players, there is a dearth
of research on the operators of bingo games, particularly those operators who ply their trade in a legally suspect fashion.
This paper focuses upon the legally suspect mechanisms utilized by some professionals who run bingo gambling operations.
The controversy over gambling often extends to state legislatures where lawmakers must wrestle with the question of whether
or not to allow legalized gambling within their borders. On the one hand, advocates of legalized gambling cite potential advantages
such as the creation of employment opportunities, its potential for enhancement of state revenues, the recreational value
of such activity for consumers and the general enhancement of tourism within states having legalized gambling. On the other
hand, critics of legalized gambling proclaim its evils such as the perceived relationship of gambling to organized crime,
the belief that gambling breeds other social ills (e.g. theft or other crimes of economic desperation) and the belief that
gambling can become a psychologically addictive disease which can contribute to individual and family impoverishment as well
as community disorganization. North Carolina is one state in which the legislature has demonstrated strong resistance to the
allowance of legalized gambling operations. Two exceptions exist, however. North Carolina allows two forms of legalized gambling,
bingo games and raffles. This paper focuses upon bingo gambling operations.
The central thesis of this paper is bingo was originally legalized to provide tax-exempt, charitable organizations a means
of revenue enhancement which would help fund their socially worthwhile endeavors. The legislative changes allowing this form
of gambling, however, have created opportunities for professional game operators whose major motivation is personal economic
enrichment (versus economic enhancement of charitable organizations). The personal economic enrichment motive is offered to
account for the various forms of cheating which were observed in a special investigation of a sample of bingo operations.
In a review of theoretical explanations of gambling behavior Kim King (1985) suggests an extension of the functional approach
which he labels an “Economic/Status” explanation. This explanation stresses the positive functions of gambling for society
and the individual. According to the economic/status explanation, the positive functions of gambling (for the individual)
include an innovative opportunity for economic enrichment, success, and status (King, 1985). We would like to suggest that
such reasons explain why a number of legally suspect bingo operations have emerged in North Carolina. The same reasons appear
to explain the use of various schemes by some bingo operators to cheat their patrons. In short, bingo profits appear to be
the primary reason for the massive increase in the number of bingo operations. Other theoretical factors are suggested to
account for the attraction of patrons to bingo games.
According to King (1985), the “functionalist” explanation of the recent popularity of bingo gambling is due to the tension-release
afforded to players of bingo; bingo offers an exciting and innovative way to attain economic success. A concurrent Marxian
explanation sees bingo gambling as an opiate of the oppressed, providing a false sense of control and success (King, 1985).
Other theoretical factors suggested by King include the symbolic interactionist idea that gambling is a way to display one’s
self to others in order to gain character (Goffman, 1967) and the idea that gambling for some people is a means of conspicuous
consumption (Veblen, 1899). These factors may account for the popularity of bingo operations, however the focus of this paper
is not upon an explanation of why bingo has become so popular.
This paper will outline some of the legally suspect methods used by unscrupulous bingo game operators. The information for
this report is based upon an undercover police investigation of illegal bingo activity in North Carolina. The investigation
was to explore the nature of illegal bingo gambling within the state.
Bingo gambling has a unique history in North Carolina; its recent legal history will be discussed in this treatise as well
as the various legitimate and illegitimate methods of bingo game operators, state law designed to regulate bingo gambling
and measures taken by “professional” (versus “charitable”) operators to protect their lucrative but legally suspect trade. 相似文献
10.
Robert T. Nakamura Thomas W. Church Phillip J. Cooper 《Journal of policy analysis and management》1991,10(2):204-221
New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices. 相似文献