Law & Society: Public Law - Crime最新文献_第5页

Naming Names: The Prudence, Propriety and Potential Ramifications of Employing 'Terrorist' Nomenclature for Militant Separatists in Eastern Ukraine 命名:对乌克兰东部武装分裂分子使用“恐怖分子”命名的谨慎、得体和潜在后果

Law & Society: Public Law - Crime Pub Date : 2016-01-16 DOI: 10.2139/SSRN.2716889

Matthew C Kane

{"title":"Naming Names: The Prudence, Propriety and Potential Ramifications of Employing 'Terrorist' Nomenclature for Militant Separatists in Eastern Ukraine","authors":"Matthew C Kane","doi":"10.2139/SSRN.2716889","DOIUrl":"https://doi.org/10.2139/SSRN.2716889","url":null,"abstract":"The term \"terrorism\" carries with it significant connotations. It may unite governments and peoples against a common foe. It can trigger specific legal mechanisms, created to deal with a unique threat. It may appropriately label the conduct of a specific individual or group. However, it may also serve to alienate and strengthen those who are enemies of the state, regardless of the propriety of their actual conduct. In short, it is a very loaded term. This paper asks whether militant separatists in eastern Ukraine are appropriately labelled as terrorists. From a positivist, state-centric perspective, labelling the militants at terrorists is a wholly reasonable proposition. The elements of the Ukrainian definition are met, as are those of the Russian definition. Many of the acts arguably meet regional and international definitions and even most of the more theoretical approaches. Yet such definitions are almost invariably subject to criticism both in their lack of specificity (or alternatively their limited inclusivity) and in their uneven application. Far more concerning, however, is the extension of the terrorist rubric to all separatists. It is not clear that such application is definitionally accurate, or, more importantly, a step that will assist in addressing the violence in the Ukraine, particularly where the end goal is to ameliorate the threat. Delineating between discrete acts of terrorism and the broader separatist movement seems a wise course, unless and until there is no question that 'terrorist' attacks are part of a coordinated strategy by particular groups of separatists. At that point, distinguishing between those specific groups and the broader separatist movement would again be prudent.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126278509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On Point: Recommendations for Prison-Based Needle and Syringe Programs in Canada 要点:对加拿大监狱针头和注射器项目的建议

Law & Society: Public Law - Crime Pub Date : 2016-01-01 DOI: 10.1163/2210-7975_hrd-9902-2016003

Emily van der Meulen, Stéphanie Claivaz-Loranger, S. Clark, A. Ollner, T. Watson

引用次数: 9

Exposing Politicians’ Ties to Criminal Organizations: The Effects of Local Government Dissolutions on Electoral Outcomes in Southern Italian Municipalities 揭露政客与犯罪组织的关系:意大利南部市政当局地方政府解散对选举结果的影响

Law & Society: Public Law - Crime Pub Date : 2015-12-21 DOI: 10.2139/ssrn.2706587

Gianmarco Daniele, B. Geys

引用次数: 79

Prisons as Panacea or Pariah?: The Countervailing Consequences of the Prison Boom on the Political Economy of Rural Towns 监狱是万灵药还是贱民?监狱热潮对乡镇政治经济的抵销效应

Law & Society: Public Law - Crime Pub Date : 2015-11-24 DOI: 10.2139/ssrn.2695125

J. Eason

引用次数: 13

Do Ethical Funds Underperform Conventional Funds? - Empirical Evidence from India 道德基金表现不如传统基金吗?——来自印度的经验证据

Law & Society: Public Law - Crime Pub Date : 2015-11-16 DOI: 10.26643/THINK-INDIA.V18I3.7792

Vanita Tripathi, Varun Bhandari

{"title":"Do Ethical Funds Underperform Conventional Funds? - Empirical Evidence from India","authors":"Vanita Tripathi, Varun Bhandari","doi":"10.26643/THINK-INDIA.V18I3.7792","DOIUrl":"https://doi.org/10.26643/THINK-INDIA.V18I3.7792","url":null,"abstract":"One of the significant developments in the investing community is the rise of socially responsible or ethical investments during last two decades. Because of the increasing size and importance of ethical mutual funds, this paper seeks to evaluate and compare the performance of ethical mutual funds with general funds and benchmark index (S&P BSE Shariah 500 Equity Index) in the Indian market. The sample comprises six ethical fund schemes and three general fund schemes of Tauras mutual fund over the period 2009-2014 using weekly NAVs. The study uses return, risk, risk-adjusted measures (Sharpe ratio, Treynor ratio, Jensen’s alpha and information ratio), Fama’s decomposition measure, paired samples t-test, and growth regression equation to accomplish the objectives. The findings suggest that some of the ethical funds generated significantly higher return than other funds and benchmark index. Despite having higher risk, ethical funds outperformed other funds and benchmark index on the basis of various risk-adjusted measures and net selectivity returns. This indicates that the compromise made with respect to diversification by investing in ethical funds was well rewarded in terms of higher returns in Indian context. Our findings lend support to the case of ethical investing in India. Mutual funds and other investment funds should launch schemes which invest in socially responsible or ethical stocks.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133619360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Do Thieves React to Prices? - Evidence from Gas Stations 小偷会对价格做出反应吗?-加油站的证据

Law & Society: Public Law - Crime Pub Date : 2015-10-15 DOI: 10.2139/ssrn.2674651

Kathrin Dengler-Roscher, T. Roscher

引用次数: 1

Matching with Moral Hazard: Assigning Attorneys to Indigent Defendants 与道德风险匹配:为贫困被告指派律师

Law & Society: Public Law - Crime Pub Date : 2015-09-02 DOI: 10.2139/ssrn.2658256

Behrang Kamali-Shahdadi

引用次数: 0

Beyond Uncertainty: Lower Courts’ Defiance in Insider Trading Cases in Taiwan 超越不确定性:台湾地方法院对内幕交易案件的反抗

Law & Society: Public Law - Crime Pub Date : 2015-09-01 DOI: 10.2139/ssrn.2786467

Ching-ping Shao

{"title":"Beyond Uncertainty: Lower Courts’ Defiance in Insider Trading Cases in Taiwan","authors":"Ching-ping Shao","doi":"10.2139/ssrn.2786467","DOIUrl":"https://doi.org/10.2139/ssrn.2786467","url":null,"abstract":"Taiwan promulgated its insider trading law in 1988. Prosecutions against insider traders were rare until the late 1990s. As enforcement actions increase, high-profile cases often shock the public and unsettle the business community about how to implement trading without incurring any legal risks. On the other hand, only a small number of prosecuted defendants are finally convicted. Judgments by the second-instance high courts are often reversed and remanded by the Supreme Court. That the conviction rate and the non-reversal rate are low means that prosecutors and judges from different levels of the judicial hierarchy are often unable to agree on the alleged violations and the interpretation of the law. Hence, legal uncertainty is unreasonably high. In this paper, conventional wisdom is challenged regarding the causes of difficulties enforcing insider trading laws in Taiwan, arguing that evaluating the defiance of the lower courts can elucidate these enforcement problems. It is suggested that lower courts’ obedience to precedents be partly premised on the condition that higher courts are more skillful interpreters of the law and can offer superior solutions to legal questions. From this angle, hierarchical legitimacy has become an increasing challenge since specialized panels were established in lower courts, but not in the Supreme Court. This paper does not favor a specialist court system. Instead, it suggests that, to improve communication between the Supreme Court and the lower courts, academics can play a much more important role than they do now.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129536428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Financial Services Misconduct and the Corporations Act 2001 2001年金融服务不当行为和公司法

Law & Society: Public Law - Crime Pub Date : 2015-07-31 DOI: 10.2139/SSRN.2656882

G. Gilligan, H. Bird

引用次数: 0

The Efficiency of Place-Based Policing 基于地点的警务效率

Law & Society: Public Law - Crime Pub Date : 2015-07-13 DOI: 10.2139/ssrn.2630369

D. Weisburd, Cody W. Telep

引用次数: 22