fwd:LSN: University of California, Irvine School of Law & Legal Studies Research Paper Series, Vol. 7 No. 14, 12/18/2014

[Stefaan Smis]

For Adolphe.

Best,

Stefaan


Forwarded message:

>From: L...@publish.ssrn.com
>To: ss...@vub.ac.be
>Cc:
>Date: Thu, 18 Dec 2014 12:12:31 -0500 (EST)
>Subject: LSN: University of California, Irvine School of Law & Legal Studies Research Paper Series, Vol. 7 No. 14, 12/18/2014
>
>_________________________________________________________________
>
> SOCIAL SCIENCE RESEARCH NETWORK
>
> LEGAL SCHOLARSHIP NETWORK: LEGAL STUDIES RESEARCH PAPER SERIES
> UNIVERSITY OF CALIFORNIA, IRVINE, SCHOOL OF LAW
> Vol. 7, No. 14: December 18, 2014
>
>Editors: CATHERINE L. FISK
> Chancellor's Professor of Law, University of
> California, Irvine School of Law
> CF...@LAW.UCI.EDU
>
> RICHARD L. HASEN
> Chancellor's Professor of Law and Political
> Science, University of California, Irvine School
> of Law
> RHA...@LAW.UCI.EDU
>
>_________________________________________________________________
>
>BROWSE all abstracts in this subject:
>http://www.ssrn.com/link/U-California-Irvine-LEG.html
>
>SEARCH entire eLibrary at: http://ssrn.com/search
>
>If this document is misaligned, please set type face to a
> non-proportional font such as Courier 10.
>_________________________________________________________________
>
>T A B L E O F C O N T E N T S
>
>"The Complaint Conundrum: Thoughts on the CFPB's Complaint
> Mechanism"
> KATHERINE M. PORTER
> University of California - Irvine School of Law
>
>"The False Promise of Fiduciary Government"
> SETH DAVIS
> University of California, Irvine School of Law
>
>"Law Review Symposium 2014 ? Keynote by Erwin Chemerinsky"
> ERWIN CHEMERINSKY
> University of California, Irvine School of Law
>
>"Misinformation Effect in Older versus Younger Adults: A
> Meta-Analysis and Review"
> LINDSEY E. WYLIE
> University of Nebraska at Lincoln
> LAWRENCE PATIHIS
> University of California, Irvine
> LESLIE L MCCULLER
> University of Nebraska at Lincoln - Department of
> Psychology
> DEBORAH DAVIS
> University of Nevada, Reno
> EVE BRANK
> Law-Psychology Program, Department of Psychology,
> University of Nebraska
> ELIZABETH F. LOFTUS
> University of California, Irvine - Department of
> Psychology and Social Behavior, University of
> California, Irvine School of Law
> BRIAN BORNSTEIN
> University of Nebraska at Lincoln - Department of
> Psychology
>
>"Cultural Variations in Restorative/Transitional Justice:
> Process Pluralism, Not One Size Fits All"
> CARRIE MENKEL-MEADOW
> University of California Irvine, School of Law,
> Georgetown University Law Center
>
>"Harris v. Quinn and the Contradictions of Compelled Speech"
> CATHERINE FISK
> University of California, Irvine School of Law
> MARGAUX POUEYMIROU
> University of California, Irvine School of Law
>_________________________________________________________________
>
>"The Complaint Conundrum: Thoughts on the CFPB's Complaint
> Mechanism"
> Brooklyn Journal of Corporate, Financial & Commercial
> Law, Vol. 7, 2012
> UC Irvine School of Law Research Paper No. 2014-56
>
> Contact: KATHERINE M. PORTER
> University of California - Irvine
> School of Law
> Email: katie-...@uiowa.edu
>Auth-Page: http://ssrn.com/author=509479
>
>Full Text: http://ssrn.com/abstract=2517058
>
>ABSTRACT: The law requires the Consumer Financial Protection
>Bureau (CFPB) to collect, monitor, and respond to consumer
>complaints regarding consumer financial products or services.
>This Article explores these duties. Its premise is that the
>CFPB's complaint mechanism, even if carefully designed and
>heavily resourced, is unlikely to improve the overall level of
>consumer protection. While taking complaints will aid the CFPB in
>some of its duties, it also could erode some aspects of consumer
>protection. Those counterintuitive possibilities bring into
>sharper relief the issue of whether it is appropriate to task
>administrative agencies with resolving consumer complaints. What
>is the purpose of making the government - other than the court
>system - address complaints with nongovernment actors? The
>Article considers this fundamental question in the context of the
>CFPB, identifying theoretical and practical issues raised by the
>CFPB's strategies to date for handling consumer complaints.
>______________________________
>
>"The False Promise of Fiduciary Government"
> Notre Dame Law Review, Vol. 89, No. 3, 2014
> UC Irvine School of Law Research Paper No. 2014-62
>
> Contact: SETH DAVIS
> University of California, Irvine
> School of Law
> Email: sda...@law.uci.edu
>Auth-Page: http://ssrn.com/author=1948773
>
>Full Text: http://ssrn.com/abstract=2434089
>
>ABSTRACT: This Article critiques the borrowing of private law
>concepts to develop doctrines of judicial review in public law. A
>rising chorus of scholars has argued for a fiduciary theory of
>government designed to constrain political discretion through
>judicial review based upon the model of private fiduciary duties.
>Treating politicians and bureaucrats as fiduciaries, they argue,
>promises a workable judicial solution to the problem of faction
>in legislative and administrative decisionmaking. This Article
>argues the promise of fiduciary government is a false one. There
>are problems of fit, intent, and function with fiduciary
>government. Politicians and bureaucrats are not like private
>fiduciaries because they do not serve discrete classes of
>beneficiaries and are not subject to demands that can be
>distilled into a discrete maximand. Fiduciary government cannot
>be founded in the intent of the Founders or of Congress.
>Moreover, fiduciary government has not functioned well where
>courts have experimented with it. Either the analogy to fiduciary
>law operates at such a high level of generality that it simply
>restates public law problems in different terms, or it imports
>freestanding fiduciary principles that yield unworkable
>constraints on political decisionmaking. The failure of fiduciary
>government is instructive, however, on the promises and potential
>pitfalls of translating between public and private law.
>______________________________
>
>"Law Review Symposium 2014 ? Keynote by Erwin Chemerinsky"
> UC Davis Law Review, Forthcoming
> UC Irvine School of Law Research Paper No. 2014-60
>
> Contact: ERWIN CHEMERINSKY
> University of California, Irvine
> School of Law
> Email: cheme...@law.duke.edu
>Auth-Page: http://ssrn.com/author=17398
>
>Full Text: http://ssrn.com/abstract=2528794
>
>ABSTRACT: This essay, using the example of marriage equality,
>argues that courts are essential in bringing about certain types
>of social change. After explaining why marriage equality is
>inevitable, the essay explores reasons why there was such a quick
>transformation in social attitudes and the legal landscape? The
>essay then argues that the number of states allowing marriage
>equality would be lower if the Massachusetts Supreme Judicial
>Court in Goodridge had not found a right to same sex marriage.
>The country needed to see that it?s possible to have marriage
>equality without any other harm to social institutions. Only
>after some of the state courts had found such a right did
>legislatures ? such as New York in 2011 ? create the right. And
>then ballot initiatives ? like in Maryland, Maine, and Washington
>in 2012 ? created rights. The essay argues that it?s not that the
>courts can do it alone, but it is that the courts are essential
>to bringing about change, although legislative, rhetorical, and
>media strategy are all essential too. The essay concludes that
>the literature and constitutional theory that says the courts
>can?t succeed and the courts are unnecessary is misguided; we
>need a much more complicated and nuanced account of the role of
>the court together with other institutions in bringing about
>social change.
>______________________________
>
>"Misinformation Effect in Older versus Younger Adults: A
> Meta-Analysis and Review"
> Chapter 2 IN: The Elderly Eyewitness in Court, UK:
> Psychology Press, 2014
> UC Irvine School of Law Research Paper No. 2014-66
>
> Author: LINDSEY E. WYLIE
> University of Nebraska at Lincoln
> Email: lwy...@huskers.unl.edu
>Auth-Page: http://ssrn.com/author=1140214
>
>Co-Author: LAWRENCE PATIHIS
> University of California, Irvine
> Email: lpat...@uci.edu
>Auth-Page: http://ssrn.com/author=2145689
>
>Co-Author: LESLIE L MCCULLER
> University of Nebraska at Lincoln -
> Department of Psychology
> Email: lesliem...@yahoo.com
>Auth-Page: http://ssrn.com/author=2331213
>
>Co-Author: DEBORAH DAVIS
> University of Nevada, Reno
> Email: debd...@unr.nevada.edu
>Auth-Page: http://ssrn.com/author=925570
>
>Co-Author: EVE BRANK
> Law-Psychology Program, Department of
> Psychology, University of Nebraska
> Email: ebr...@unl.edu
>Auth-Page: http://ssrn.com/author=613054
>
> Contact: ELIZABETH F. LOFTUS
> University of California, Irvine -
> Department of Psychology and Social Behavior,
> University of California, Irvine School of Law
> Email: elo...@uci.edu
>Auth-Page: http://ssrn.com/author=925569
>
>Co-Author: BRIAN BORNSTEIN
> University of Nebraska at Lincoln -
> Department of Psychology
> Email: BBORN...@UNL.EDU
>Auth-Page: http://ssrn.com/author=292770
>
>Full Text: http://ssrn.com/abstract=2530209
>
>ABSTRACT: This chapter reports the results of a meta-analysis
>which revealed that older adults are more susceptible to memory
>distortion following misleading information compared with young
>adults. The older the older adults were, the larger the effect
>(compared with young adults). We recommended some interview
>techniques that could reduce memory distortion in older adults,
>such as the Cognitive Interview, source-monitoring questions,
>encouraging effortful thinking.
>______________________________
>
>"Cultural Variations in Restorative/Transitional Justice:
> Process Pluralism, Not One Size Fits All"
> UC Irvine School of Law Research Paper No. 2014-68
>
> Contact: CARRIE MENKEL-MEADOW
> University of California Irvine,
> School of Law, Georgetown University Law Center
> Email: cme...@law.uci.edu
>Auth-Page: http://ssrn.com/author=98428
>
>Full Text: http://ssrn.com/abstract=2530154
>
>ABSTRACT: This essay reviews some of the key issues in
>transitional justice process and institutional design, based on
>research and experience working and living in several
>post-conflict societies, and suggests that cultural variations in
>transitional justice goals, practices, and processes are
>necessary to accomplish plural goals. One ?template? for
>transitional justice will not work in different settings, with
>different causes for human harms and conflict. In short, process
>pluralism is an essential part of transitional justice. How
>different political, social and cultural situations transition
>from conflict to less conflictual states will vary from society
>to society, and ?transitional justice? is now as varied in
>purpose and implementation as ?alternative? dispute resolution is
>in traditional adjudication processes in many societies. This
>essay draws on examples from Argentina and Chile?s emergence from
>post-military dictatorships, and offers some descriptions of how
>?transitions? themselves are transitional ? learning iteratively
>from others, while often preserving some of what is culturally
>particularistic in valuing memory, punishment, forgiveness,
>restitution or reintegration at different levels of society. The
>essay describes both national and sub-national or transnational
>efforts at using, not only governmental processes, but those
>formed by civil society groups and at trans- and sub-national
>levels. Provocatively, and without any clear conclusion, the
>essay suggests that ?democracy? and ?the rule of law? may not
>necessarily be the only desiderata in transitional justice. The
>field of transitional justice has grown and developed both
>theoretically and in practice and this essay looks at how some of
>the particulars from case studies can further our understanding
>of how transitional justice is more than legal ? it must include
>the social, the cultural and take account of individual
>variations in desires for different kinds of ?justice.?
>______________________________
>
>"Harris v. Quinn and the Contradictions of Compelled Speech"
> Loyola of Los Angeles Law Review, Vol. 48, No. 2,
> Forthcoming, 2015
> UC Irvine School of Law Research Paper No. 2014-72
>
> Contact: CATHERINE FISK
> University of California, Irvine
> School of Law
> Email: cf...@law.uci.edu
>Auth-Page: http://ssrn.com/author=259851
>
>Co-Author: MARGAUX POUEYMIROU
> University of California, Irvine
> School of Law
> Email: mpou...@lawnet.uci.edu
>Auth-Page: http://ssrn.com/author=2336088
>
>Full Text: http://ssrn.com/abstract=2535400
>
>ABSTRACT: In Harris v. Quinn, the Supreme Court held that
>unionized home care workers have a First Amendment right to
>refuse to pay their fair share of the cost of services that the
>union is statutorily required to provide. The Court thus
>transformed what had been a legislative debate about so-called
>right-to-work laws, which about half of states have adopted, into
>a constitutional requirement for one narrow category of public
>sector employees. The problem with transforming this policy
>argument into a First Amendment requirement is that treating fair
>share payments to a union as compelled speech raises First
>Amendment rights of both supporters and opponents of the union.
>If expenditures on union representation are speech - as the
>majority in Harris thinks they are - then the union?s obligation
>to provide free representation compels speech by the union and
>its members. While, in our view, the requirement to pay for legal
>services is not compelled speech, the Court?s entire agency fee
>jurisprudence, including Harris, insists that it is. On the
>Court?s analysis, then, laws and contracts that require unionized
>employees to pay for union representational services compel
>speech of dissenters exactly to the same extent that their
>prohibition compels speech of unions and their members. Moreover,
>to the extent that a union must rely on member dues that it would
>otherwise spend on political activities to cover the costs of
>services for free riders, the duty of fair representation owed to
>nonpayers would violate the First Amendment rights of the union
>by siphoning off money that would otherwise be used to support
>these activities. Accordingly, the Court must alter its usual
>analysis of the constitutionality of agency fee agreements and
>recognize that union representation requires balancing competing
>freedom of speech and association interests. Once the First
>Amendment rights of unions and union members are recognized,
>agency fee or fair share provisions emerge as a constitutionally
>sound accommodation of the interests of dissenters, unions, and
>union members.
>__________________________________________________________________
>
>S O L I C I T A T I O N O F A B S T R A C T S
>
> To submit your research to SSRN, sign in to the SSRN User
> HeadQuarters, http://hq.ssrn.com, click the My Papers link on
> left menu and then the Start New Submission button at top of
> page.
>_________________________________________________________________
>
>D I S T R I B U T I O N S E R V I C E S
>
> If your organization is interested in increasing
> readership for its research by starting a Research Paper
> Series, or sponsoring a Subject Matter eJournal, please
> email: R...@SSRN.com
>_________________________________________________________________
>
>D I S T R I B U T E D B Y
>
>Legal Scholarship Network (LSN), a division of Social Science
>Electronic Publishing, Inc. (SSEP) and Social Science Research
>Network (SSRN)
>
>
>D I R E C T O R S
>
>LAW SCHOOL RESEARCH PAPERS - LEGAL STUDIES
>
>BERNARD S. BLACK
> Northwestern University - School of Law, Northwestern
> University - Kellogg School of Management, European Corporate
> Governance Institute (ECGI)
> Email: bbl...@northwestern.edu
>
>RONALD J. GILSON
> Stanford Law School, Columbia Law School, European Corporate
> Governance Institute (ECGI)
> Email: rgi...@leland.stanford.edu
>
>Please contact us at the above addresses with your comments,
>questions or suggestions for LSN-LEG.
>
>
>S U B S C R I P T I O N M A N A G E M E N T
>
>You can change your journal subscriptions by logging into SSRN
>User HQ: http://hq.ssrn.com. If you have questions or problems
>with this
>process, please email Sup...@SSRN.com or call 877-SSRNHelp
>(877.777.6435 or 585.442.8170). Outside of the United
>States, call 00+1+585+4428170.
>
>SITE SUBSCRIPTION MEMBERSHIP
>
>Many university departments and other institutions have purchased
>site subscriptions covering all of the eJournals in a particular
>network. If you want to subscribe to any of the SSRN eJournals,
>you may be able to do so without charge by first checking to see
>if your institution currently has a site subscription.
>
>To do this please click on any of the following URLs.
>Instructions for joining the site are included on these pages.
>
> Accounting Research Network
> http://www.ssrn.com/update/arn/arn_site-licenses.html
>
> Cognitive Science Network
> http://www.ssrn.com/update/csn/csn_site-licenses.html
>
> Corporate Governance Network
> http://www.ssrn.com/update/cgn/cgn_site-licenses.html
>
> Economics Research Network
> http://www.ssrn.com/update/ern/ern_site-licenses.html
>
> Entrepreneurship Research & Policy Network
> http://www.ssrn.com/update/erpn/erpn_site-licenses.html
>
> Financial Economics Network
> http://www.ssrn.com/update/fen/fen_site-licenses.html
>
> Health Economics Network
> http://www.ssrn.com/update/hen/hen_site-licenses.html
>
> Information Systems & eBusiness Network
> http://www.ssrn.com/update/isn/isn_site-licenses.html
>
> Legal Scholarship Network
> http://www.ssrn.com/update/lsn/lsn_site-licenses.html
>
> Management Research Network
> http://www.ssrn.com/update/mrn/mrn_site-licenses.html
>
> Political Science Network
> http://www.ssrn.com/update/psn/psn_site-licenses.html
>
> Social Insurance Research Network
> http://www.ssrn.com/update/sirn/sirn_site-licenses.html
>
> Classics Research Network
> http://www.ssrn.com/update/crn/crn_site-licenses.html
>
> English & American Literature Research Network
> http://www.ssrn.com/update/lit/lit_site-licenses.html
>
> Philosophy Research Network
> http://www.ssrn.com/update/prn-/prn_site-licenses.html
>
>If your institution or department is not listed as a site, we
>would be happy to work with you to set one up. Please email
>Si...@SSRN.com for more information.
>
>INDIVIDUAL MEMBERSHIP (for those not covered by a site subscription)
>
> Join a site subscription, request a trial subscription, or
> purchase a subscription within the SSRN User HeadQuarters:
> http://www.ssrn.com/subscribe
>
>FINANCIAL HARDSHIP
>
>If you are undergoing financial hardship and believe you cannot
>pay for an eJournal, please send a detailed explanation to
>Subs...@SSRN.com
>
>_________________________________________________________________
>
>To ensure delivery of this eJournal, please add
>L...@publish.ssrn.com (Legal Scholarship Network) to your email
>contact list. If you are missing an issue or are having any
>problems with your subscription, please Email Sup...@ssrn.com or
>call 877-SSRNHELP (877.777.6435 or 585.442.8170).
>
>FORWARDING & REDISTRIBUTION
>
>Subscriptions to the journal are for single users. You may
>forward a particular eJournal issue, or an excerpt from an issue,
>to an individual or individuals who might be interested in it. It
>is a violation of copyright to redistribute this eJournal on a
>recurring basis to another person or persons, without the
>permission of Social Science Electronic Publishing, Inc. For
>information about individual subscriptions and site licenses,
>please contact us at Si...@SSRN.com
>_________________________________________________________________
>
> Copyright 2014
> SSEP, Inc., all rights reserved.
>
>
>

[kilomba adolphe]

Thank you Prof Greetings from Kigali Envoyé depuis Yahoo Mail pour Android

-- You received this message because you are subscribed to the Google Groups "Prof. Stefaan Smis" group. To unsubscribe from this group and stop receiving emails from it, send an email to ssmis+unsub...@googlegroups.com. For more options, visit https://groups.google.com/d/optout.

[kilomba adolphe]

Thank you Prof Greetings from Kigali Envoyé depuis Yahoo Mail pour Android

De:"Stefaan Smis" <ss...@vub.ac.be> Date:ven. j déc. AM à 12:29 AM