Top 10 Socarxiv Papers Today in Law


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#1. Use-Based Welfare: Property Experiments in Chicago, 1895-1935
Nate Ela
Use-based welfare achieves redistribution by reallocating rights to use and benefit from idle resources, rather than via tax and transfer. How and why has this form of welfare provision emerged as an urban institution, and what affects whether it endures? This article compares regimes created to grant poor and unemployed Chicagoans access to land for gardens and small farms between 1895 and 1935, and explains how this form of social support has come about through experimentation with the rules, norms, and forms of property. Use-based welfare has often been envisioned as either an alternative or a complement to income-based welfare, yet efforts to establish it as a permanent institution have been blocked by resistance from urban landowners and producers of agricultural commodities. Appreciating the history of use-based welfare could help us account for the resurgence of interest in land use for urban agriculture in the wake of deindustrialization and welfare reform.
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socarxivpapers: #SocArXiv: Use-Based Welfare: Property Experiments in Chicago, 1895-1935 https://t.co/jdewSwQbP8
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Authors: 1
Total Words: 12060
Unqiue Words: 4191

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#2. The Roma and European Union citizenship: in search of a humane answer from the EU
Nuno Ferreira, Dora Kostakopoulou
The expulsion of large numbers of Roma individuals from France since 2009 has raised considerable debate in the context of EU law and policy. This was, however, accompanied by other discriminatory practices and forms of hostility, exclusion and violence against the Roma, such as finger-printing in Italy and educational segregation in the Czech Republic. A comprehensive approach and strong action by the EU against these practices was defended, which led to the Commission communication on the EU Framework on National Roma Integration Strategies (2011), a non-binding Parliament resolution (2013) and the Council recommendation on effective Roma integration measures in the member states (2013). Such comprehensive approach may be in many respects appropriate, but the danger is to neglect the true relevance of concrete, enforceable and ‘hard law’ measures. This chapter thus explores the legal adequacy of EU action with regard to the Roma minority, particularly from free movement and EU citizenship perspectives. The scope for derogations...
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Authors: 2
Total Words: 11746
Unqiue Words: 3564

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#3. Does the Public Sector Respond to Private Competition? An Analysis of Privatization and Prison Performance
Brett Burkhardt
The competition thesis states that the introduction of competition from private sector service providers will spur performance improvements in previously monopolistic public sector service providers, who fear (further) delegation of their responsibilities to the private sector. This article examines the competition thesis in the context of incarceration. Using data on U.S. adult correctional facilities in 2000 and 2005, it employs a difference-in-difference strategy to compare over-time performance changes among newly competitive facilities relative to non-competitive facilities. Prison performance is measured along four dimensions (safety, order, activity, and conditions), using survey responses from prisons. The results do not show a beneficial competition effect; prisons in newly competitive states experienced performance change in ways that were statistically indistinguishable from prisons in non-competitive states. Supplemental analyses reveal this finding to be robust to most modifications to the sample and the model. A...
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Authors: 1
Total Words: 9926
Unqiue Words: 3585

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#4. Off to Market: Neighborhood and Individual Employment Barriers for Women in 21st Century American Cities
Timothy Haney
This paper endeavors to create a better understanding of the barriers to employment faced by disadvantaged urban women in the post-welfare reform era. Using data from the Project on Devolution and Urban Change, a unique geographically-linked, longitudinal, multi-city set of survey data, logistic regression models weigh the relative importance of individual barriers to employment (poor health, childcare and family responsibilities, etc.) and contextual or neighborhood barriers to employment (poverty rate, joblessness rate, etc.) on labor market outcomes. Results reveal that several neighborhood characteristics are predictive of employment, including automobile access, female-headedness, vacancy, and disorder. Results suggest a more complex, nuanced interplay between neighborhood-level variables and individually-measured variables in preventing some women from obtaining both modestly paying employment with few allocated hours of work per week, and also better-paying jobs with more hours of work per week.
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Authors: 1
Total Words: 11421
Unqiue Words: 3939

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#5. Review, replication, and re-analysis of a recent study on the impact of abortion law on maternal mortality in Mexico – Maintaining rigor and research integrity
Elard Koch, Monique Chireau, Joseph Stanford, Sebastian Haddad, Fernando Pliego, Miguel Bravo, John Thorp
This report provides a review, replication, and re-analysis of an study by Darney et al (Contraception. 2017;95(1):105-111) on the association between maternal mortality ratio (MMR, number of maternal deaths per 100,000 live births) and abortion legislation in Mexico City compared with 31 other states. In their study, Darney et al disputed evidence from our study (Koch et al, BMJ Open 2015;5(2):e006013), which found a null association between abortion laws and MMR, and reported their own conclusion of a negative association between abortion availability and MMR. After replicating their dataset and statistical analysis, we found that the beta coefficient (effect size) for abortion legislation was apparently misinterpreted by Darney et al to support the conclusion that legislation allowing abortion on request in Mexico City was associated with a 22.49-unit decrease in MMR. In fact, their analysis showed the opposite result: after multivariable adjustments, Mexico City was associated with a 22.49-unit increase in MMR compared with...
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socarxivpapers: #SocArXiv: Review, replication, and re-analysis of a recent study on the impact of abortion law on maternal mortality in Mexico - Maintaining rigor and research integrity https://t.co/PVaYyEh7Zv
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Authors: 7
Total Words: 14038
Unqiue Words: 4675

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#6. The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization
Matthew Rimmer
In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the Government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994 – particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Australia has also defended the consistency of plain packaging of tobacco products with the TBT Agreement 1994. Moreover, Australia has provided clear reasons for why the plain packaging of tobacco products is...
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Authors: 1
Total Words: 16354
Unqiue Words: 4202

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#7. Reforming the Common European Asylum System: enough rainbow for queer asylum seekers?
Nuno Ferreira
Since the 1990s, the European Union (EU) has slowly developed an increasingly sophisticated body of asylum law and policy, known as the Common European Asylum System (CEAS). This framework – both in the shape of legislative instruments and case law – has inevitably also affected those asylum seekers who claim asylum on the basis of sexual orientation and/or gender identity (SOGI). This has been vividly demonstrated by particular norms in EU asylum instruments and judgments of the Court of Justice of EU (CJEU). The current CEAS can be said to have several shortcomings in relation to SOGI claims, including in relation to: accelerated procedures; country of origin information; the notion of ‘safe country of origin’; the burden of proof and the principle of benefit of the doubt; the concept of a ‘particular social group’; and the definition of persecution. A new set of proposals for reform of the CEAS was put forward in 2016, and these also affect SOGI asylum claims in precise and acute ways. This contribution scrutinises these...
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socarxivpapers: #SocArXiv: Reforming the Common European Asylum System: enough rainbow for queer asylum seekers? https://t.co/n9LIGjM5Bk
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Authors: 1
Total Words: 0
Unqiue Words: 0

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#8. The Promise of Property: Cultivating Legal Optimism and Collective Efficacy in Chicago's Urban Agriculture District
Nate Ela
Studies of legal cynicism have documented the reluctance of residents in low-income minority neighborhoods to call on criminal law and the police. But are people in such places equally cynical about other forms of law? This article explains how and why community organizers in Chicago’s Englewood neighborhood have found promise in the opportunities that property law provides for addressing community problems. Drawing on interviews and ethnographic fieldwork, it examines the creation of neighborhood institutions for Chicago’s first urban agriculture district. These institutions have been informed by memories of slavery and sharecropping, and of the role played by food production and economic cooperation in struggles for African American self-determination. To keep ownership, use, and benefits of urban farmland local, organizers in Englewood founded a community land trust. They view this new neighborhood institution as a way to cultivate a sense of community ownership and control, and thereby chip away at the alienation that blocks...
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socarxivpapers: #SocArXiv: The Promise of Property: Cultivating Legal Optimism and Collective Efficacy in Chicago's Urban Agriculture District https://t.co/Kl0wGfYP6D
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Authors: 1
Total Words: 10673
Unqiue Words: 3541

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#9. Urban Commons as Property Experiment: Mapping Chicago's Farms and Gardens
Nate Ela
Over the past decade, scholars of law and geography have been foraging in America’s cities, hunting for the commons. Along the way, a new common sense has cropped up, which takes urban farms and community gardens as prototypical examples of the urban commons. Farm fields and garden plots produce not only vegetables, the argument goes, but also opportunities for residents to access and use land as a shared, decommodified resource. As both social practice and emergent institutional reality, such urban commons challenge and are challenged by the logics of public and private property that dominate our cities’ legal landscapes. This Article, rather than assuming that urban farms and gardens are examples of the urban commons, poses this as a question. Are they in fact cases of commons governance? And if so, how do people bring this about? I explore these questions from the ground up, through a socio-legal mapping of how people have gained access to and sought to govern land for a community garden and an urban farm in two neighborhoods...
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socarxivpapers: #SocArXiv: Urban Commons as Property Experiment: Mapping Chicago's Farms and Gardens https://t.co/ssng7pC67N
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Authors: 1
Total Words: 21138
Unqiue Words: 5503

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#10. К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ
Open European Academy Public Sciences OEAPS Inc.&Elsevier, Михаил Геннадьевич Чепрасов, Юлия Станиславовна Лисачева, Евгения Дмитриевна Стрельникова
This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.
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socarxivpapers: #SocArXiv: K VOPROSU OPREDELENIIa FINANSOVO-PRAVOVOGO REGULIROVANIIa V SFERE OBRAZOVANIIa I NAUKI V RF: PROBLEMNYE ASPEKTY I PUTI IKh REShENIIa, SRAVNITEL'NYI ANALIZ S ZARUBEZhNYMI STRANAMI https://t.co/xwvuzia5xU
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Authors: 4
Total Words: 362
Unqiue Words: 121

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