CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 21 ABOVE THE LAW: RESEARCH METHODS‚ ETHICS AND THE LAW OF PRIVILEGE Geoffrey R. Stone THE LAW SCHOOL THE UNIVERSITY OF CHICAGO This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=XXXXXX Above the Law: Research Methods‚ Ethics and the Law of Privilege Geoffrey R. Stone* In Anticipating Law‚ Palys and Lowman set forth the
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holistic outcome for all parties involved. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion‚ charge negotiation and judicial discretion in sentencing. The first aspect of the legal system in which discretion is used is in the powers given to police in the criminal investigative process. The responsibility of enforcing criminal always and ensuring they are adhered to lies with the police in the prevention and detection of crime
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Porter is a recognized leader in competitive analysis elaboration and his five forces model has contributed to the study of competition (Porter 1979). It is necessary to point out that Porter’s approach to alternative strategies’ generation is a well-defined one and is based on the following statement: Company’s position stability in a market is determined by: costs of production and marketing of goods; irreplaceable products; competition’s sphere (the volume of market adaptation). A company
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Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so‚ how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a
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Legal positivists make some distinctive claims about what constitutes legal validity. It is difficult to improve on the following introduction offered by Leslie Green: "Whether a society has a legal system depends on the presence of certain structures of governance‚ not on the extent to which it satisfies ideals of justice‚ democracy‚ or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example‚ legislative enactments
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VALIDATION JON M. WERNER‚ MARK C. BOLINO Department of Management University of South Carolina Accuracy and due process perspectives were used to extend policycapturing research concerning employment discrimination case law. TWo-hundred ninety-five usable U.S. Circuit Court decisions concerning performance appraisal were located from 1980-1995. In both chisquare and multivariate LOGIT analyses‚ decisions were explained by: use of job analysis‚ provision of written instructions‚ employee review
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Paul Nature of Law Legal Positivism There are a lot of theorists who pioneered in the concept of Legal Positivism.But among them are two leading theorists who mainly contributed on this idea and further argued on each other’s respective opposite views. One of which is John Austin‚ who holds that legal positivism is the nature of law which deals with the existence and contents of law based on social facts and not on its merits. He also established the command theory of law which maintains
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Models for the Analysis of Legal Argumentation EVELINE T. FETERIS Department of Speech Communication‚ Argumentation Theory and Rhetoric University of Amsterdam Spuistraat 134 1012 VB Amsterdam Netherlands e.t.feteris@uva.nl Introduction In their classical works on argumentation the philosophers Chaïm Perelman and Stephen Toulmin presented the procedures and practices of legal reasoning as a model for a rational practice of argumentation. In the 50 years since the publication of Perelman and
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on organism. There are numerous approaches to discovering a systematic theory of personality in order to answer some of the bothersome questions that have developed in psychology regarding this phenomenon. Personality is believed to be possessed by all people in differing degrees. How people tend to think‚ feel‚ and behave and what causes individuals to have these tendencies are questions addressed by personality theory and research. Whereas developmental psychology and social psychology have
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Business Law – Unit 15 Task 01-a A legal system in a country embodies both the law of that country and the mechanisms the country has in place for regulating and enforcing those laws. A legal system incorporates: * The country’s law * The legislature: the law making body * The judiciary: the body that sits in judgment on disputes about laws * The prosecution system: the system that seeks to ensure the criminal law in enforced and people who break the law are prosecuted * The
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