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2021 ◽  
Vol 10 (2) ◽  
pp. 140-154
Author(s):  
Dusan TRISKA

In Tříska (2017) have been suggested ways how legal scholarship (LS) may contribute to the development of economics - economic theory (ET). The objective of the present article is to corroborate a reverse know how transfer, i.e. from ET to LS. Its method is thus primarily derived from how micro-economics approaches the institution of a homo economicus. The articles objective is to show under what conditions can this economic method be expanded and generalized so as to open ways for its application upon neighboring disciplines of societal studies. The outcome of this endeavor– for want of a better term - is presented under the label of a General Theory of Choice and Behavior (GTCB). Moreover, it is argued that – under the umbrella of GTCB – the disciplines can establish their genuine scientific underpinning and hence also absorb a formalized analytical tool-kit. For concreteness, this conclusion is illustrated for legal scholarship, namely its concept a contract to be strictly taken in the economics sense of a collective choice. On the highest level of generalization, the article should be understood as a response to the seminal Elinor Ostrom’s call for an agreement amongst societal scholars upon universally acceptable analytical building blocks.


Author(s):  
Dylan Asafo ◽  
Litia Tuiburelevu

This article offers critical reflections regarding legal scholarship on Pacific peoples in Aotearoa from two Pacific early career academics in the legal academy. It explores why very little legal scholarship focusing on the issues facing Pacific peoples in Aotearoa exists by examining and illustrating the systemic barriers that prevent Pacific legal academics from producing such scholarship. It then examines the detrimental impacts this lack of legal scholarship on Pacific peoples in Aotearoa has on both Pacific law students and Pacific communities in Aotearoa. Lastly, it imagines a Pacific jurisprudence for Pacific peoples in Aotearoa located within Pacific communities, committed to fulfilling the obligations that Pacific peoples have to Māori as Tangata Whenua of Aotearoa.  


2021 ◽  
pp. 1-12
Author(s):  
Ute Römer

Abstract This plenary speech provides an overview of applications of corpus research in several core areas of applied linguistics, including second language acquisition and language assessment. It does this by showcasing a number of recent studies carried out by or with involvement of the author. These studies all focus on phraseological aspects of language and demonstrate the importance of studying its patterned nature. The studies also illustrate how corpora and corpus-analytic techniques can allow us as applied linguists to contribute to solving problems in other disciplines (such as legal scholarship or music theory) and hope to thereby encourage more interdisciplinary research collaborations between corpus linguists and scholars from other fields.


2021 ◽  
Author(s):  
◽  
Daniel Kleinsman

<p>The focus of this thesis is the ill-treatment of prisoners in the Philippines, the realities of which reflect the failings of the international human rights framework more generally. This framework is examined and evaluated in terms of how it can better facilitate compliance, and the proper treatment of Filipino prisoners specifically. To that end, this thesis considers poor regulatory performance in terms of compliance theory and interdisciplinary international legal scholarship. On this basis, it proposes the employment of restorative justice, which seeks to avoid regulatory ritualism on the one hand and imperialism on the other, and seeks to enhance human rights compliance in an empowering, relational way.</p>


2021 ◽  
Author(s):  
◽  
Daniel Kleinsman

<p>The focus of this thesis is the ill-treatment of prisoners in the Philippines, the realities of which reflect the failings of the international human rights framework more generally. This framework is examined and evaluated in terms of how it can better facilitate compliance, and the proper treatment of Filipino prisoners specifically. To that end, this thesis considers poor regulatory performance in terms of compliance theory and interdisciplinary international legal scholarship. On this basis, it proposes the employment of restorative justice, which seeks to avoid regulatory ritualism on the one hand and imperialism on the other, and seeks to enhance human rights compliance in an empowering, relational way.</p>


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Matti Ylönen ◽  
Jussi Jaakkola ◽  
Leevi Saari

Abstract The ways in which epistemic foundations of academic disciplines shape policy paradigms have been an understudied area. We illustrate such dynamics by focusing on paradigm shifts between economics and legal scholarship. Our case study focuses on the evolution of the Finnish corporate tax policy between 1991 and 2014 to illuminate complex policy diffusion through professions. First, in 1993, Finnish corporate tax policy was aligned with the neoclassical ideas of the time in a lawyer-driven process. Second, in the early 2000s, initiatives from the EU and the OECD provided these lawyers a new epistemic source for broadening their argumentation. Third, in the 2010s, the disciplinary base shifted from legal studies to economics, which coincided with administrative reforms emphasizing quantitative impact assessments. These transformations completed the shift from legal scholarship to economics in tax policy design, paving way to the entrance of economic theoretical arguments to tax policy discussions. Our findings highlight five overlapping and mutually reinforcing factors that shape knowledge production in expert groups that influence economic policy: (1) the extent to which politicians rely on expertise; (2) the balance of power between academic disciplines in evidence-based policy-making; (3) the disciplinary base to which the dominant expert groups rely on; (4) the shifts in the epistemological, ontological and methodological mainstream within particular disciplines; and, (5v) the extent to which international organizations are seen as epistemic versus policy-driven authorities.


2021 ◽  
Vol 41 (1) ◽  
pp. 11-26
Author(s):  
Ann Bartow

When I became aware of the emergent body of legal scholarship on menstruation related topics on which this Symposium builds, I thought that the authors of these articles were very brave.1 I’m an imperfect but life-long feminist and accepted the emotional challenge that writing this Essay posed for me out of gratitude to those authors. Because my principal scholarly focus is intellectual property law, I approached the topic through the lens of trademark law. Part One of this article positions this Essay firmly within the contours of the author’s life and personal experiences with menstruation. Part Two maps common trademark and branding practices related to tampons and sanitary napkins. Part Three explains that the Lanham Act does not offer legal mechanisms by which to challenge the federal registration of sexist trademarks. As with racist trademarks, amplified criticism and persistent public pressure are the main mechanisms available to foment positive change in the marketplace for feminine hygiene products.


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