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Legal Claims (legal + claim)
Selected AbstractsLegal claims and bias in creating clinical practice guidelines: Which step in which direction?INTERNATIONAL JOURNAL OF UROLOGY, Issue 5 2010Rafael Boscolo-Berto md No abstract is available for this article. [source] Intuitive Lawmaking: The Example of Child SupportJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 1 2009Ira Mark Ellman Setting the amount of a child support award involves tradeoffs in the allocation of finite resources among at least three private parties: the two parents, and their child or children. Federal law today requires states to have child support guidelines or formulas that determine child support amounts on a uniform statewide basis. These state guidelines differ in how they make these unavoidable tradeoffs. In choosing the correct balance of these competing claims, policymakers would do well to understand the public's intuitions about the appropriate tradeoffs. We report an empirical study of lay intuitions about these tradeoffs, which we compare to the principles underlying typical state guidelines. As in other contexts in which people are asked to place a dollar value on a legal claim, we find that citizen assessments of child support for particular cases conform to the pattern that Ariely and his co-authors have called "coherent arbitrariness": the respondent's choice of dollar magnitude may be arbitrary, but relative values respond coherently to case variations, within and across citizens. These patterns also suggest that our respondents have a consistent and systematic preference with respect to the structure of child support formulas that differs in important ways from either of the two systems adopted by nearly all states. [source] Justice Excused: The Deployment of Law in Everyday Political EncountersLAW & SOCIETY REVIEW, Issue 2 2006George I. Lovell This paper examines the use of legal claims by government officials and citizens in everyday political encounters involving civil rights. Data come from 580 letters sent to the federal government between 1939 and 1941, and from the replies sent by the newly formed Civil Rights Section of the Justice Department. In almost every case, the department refused to intervene and explained its refusal by making legal claims about federal jurisdiction. These legal claims masked the department's discretionary choices and thus helped depoliticize the encounters. Surprisingly, however, a substantial number of letter writers challenged the government's legal claims by deploying their own legal and moral arguments. The willingness of these citizens to challenge official legal pronouncements cautions against making broad generalizations about the capacity of ordinary people to respond effectively when government officials deploy legal rhetoric. [source] Museums and Mexican Indigenous TerritorialityMUSEUM ANTHROPOLOGY, Issue 2 2007Paul M. Liffman Huichol Indians from western Mexico have contributed on various levels to exhibits about their culture, history and territoriality in Mexico's Museo Nacional de Antropología and the National Museum of the American Indian in Washington DC. The article compares these projects and their precursors since the 1930s in terms of changing modalities of institutional power, clientelism and indigenous agency. It also links this history to revalorizations of ethnic art and changing representations of culture and territory in legal claims. As Huichols engage new regional and global publics in these diverse contexts, they rework received images of sovereignty and the national space. [source] | ||||||||||