Beverly Moran - Independent Researcher (original) (raw)
Papers by Beverly Moran
Fordham International Law Journal, 2001
This Essay is an attempt to make sense of the author's experiences working with legal reform in E... more This Essay is an attempt to make sense of the author's experiences working with legal reform in Eritrea. Specifically, what might drive people who are intelligent and informed to create statutes that: (a) probably will not work (the problem of "legal absorption" or "legal transplants"); or (b) if applied will have adverse consequences. In this Essay, the author: Gives a brief introduction on Eritrea; uses an Eritrean intellectual property example to illustrate why countries adopt laws that seem opposed to their interests; gives a brief history of Africa and the transplantation of Western law; gives a brief history of Tax Law in sub-Saharan Africa; moves to a specific Eritrean example and show why we would expect Eritrea to avoid some of the problems; gives examples of how Eritrea has failed to avoid problems confronted by other sub-Saharan African States; and finally presents a possible explanation for the Eritrean drive toward Western legal models.
Quantum Leap: A Black Woman Uses Legal Education to Obtain Her Honorary White Pass
Social Science Research Network, Jun 11, 2008
The nature of privilege is that it is hidden from those who possess it even more than it is hidde... more The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.
North Carolina Law Review, 1998
Northern Illinois University, 2005
Social Science Research Network, 2008
This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It ha... more This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu.
Berkeley Journal of Gender, Law and Justice, 1990
Adam Smith and the Search for an Ideal Tax System
Cambridge University Press eBooks, Jul 13, 2009
Spring 2014 Diversity Lecture - Diversity is Excellence
Social Science Research Network, 1991
Keynote Address Delivered for the Journal of Contemporary Legal Issues Conference on the Future of Intersectionality and Critical Race Feminism
Social Science Research Network, 2001
Although black men and women do not always share the same problems or aspirations, intersectional... more Although black men and women do not always share the same problems or aspirations, intersectionality must always be tempered by the realization that we are one people with a common purpose who can only make headway when we understand that the divisions between us are not of our own making.
Social Science Research Network, Jun 11, 2008
Social Science Research Network, Jun 11, 2008
Social Science Research Network, Feb 11, 2016
Scholars have found that men who physically harm their intimate partners receive less punishment ... more Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female victims, the consequence is often a legal system that offers little or no protection. Until the experimental study presented here, no one has asked whether the same is true in civil actions. This original experimental survey, fielded on eight hundred participants, provides the first-ever evidence on whether legal decision makers hold sexual activity against females in civil settings. Participants received four scenarios-a homicide, a workplace sexual harassment, a long-term business relationship, and a short-term joint venture-with randomized information about prior sexual activity between the parties. As in the criminal setting, the results show that the taint of a sexual relationship hurts women, even in civil lawsuits. Yet, the results also show that evidence of sexual activity did not hurt the female complainant in the sexual harassment scenario and it actually increased the male killer's liability in the homicide scenario. The results also suggested that male jurors may be more influenced by evidence of a female's sexual activity than are female jurors. Based on these findings, attorneys might fear less that a "nuts and sluts" defense will derail a sexual harassment action; but attorneys might continue to fear that a female plaintiffs sexual activity could defeat her claim in a business setting. This original experimental survey, fielded on eight hundred participants, provides the first-ever evidence on whether legal decision makers hold sexual activity against females in civil settings. Participants received four scenarios-a homicide, a workplace sexual harassment, a long-term business relationship, and a short-term joint venture-with randomized information about prior sexual activity between the parties. As in the criminal setting, the results show that the taint of a sexual relationship hurts women, even in civil lawsuits. Yet, the results also show that evidence of sexual activity did
Social Science Research Network, Jun 11, 2008
The bibliography surveys all tax articles (but not Notes) from 1950 to date in the following publ... more The bibliography surveys all tax articles (but not Notes) from 1950 to date in the following publications, all of which are high prestige law journals for their nations:
Social Science Research Network, 1999
Social Science Research Network, 2013
Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Right ... more Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. This Article is brought to you for free and open access by the Law Journals at UKnowledge.
Social Science Research Network, Jun 11, 2008
for their comments on earlier versions of this Essay. Thanks also to Jacqueline Fontana for her u... more for their comments on earlier versions of this Essay. Thanks also to Jacqueline Fontana for her unbelievably thorough and helpful research assistance.
Social Science Research Network, May 20, 2005
Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as indi... more Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as individuals. 2 Professor Sander finds that qualified black students are adversely affected by affirmative action because they are admitted to schools above their capacity where they are matched against more qualified whites. 3 According to Professor Sander, because these minimally qualified blacks are unable to compete with their more qualified peers, they fare poorly in the classroom and on the bar examination. 4 Moreover, unqualified black students are hurt because they are admitted to law schools where they waste valuable time and money discovering that they are unable to graduate or pass the bar. 5 In turn, black
Federal Income Taxation of Individuals
Evil and the Body
Social Science Research Network, 1995
Fordham International Law Journal, 2001
This Essay is an attempt to make sense of the author's experiences working with legal reform in E... more This Essay is an attempt to make sense of the author's experiences working with legal reform in Eritrea. Specifically, what might drive people who are intelligent and informed to create statutes that: (a) probably will not work (the problem of "legal absorption" or "legal transplants"); or (b) if applied will have adverse consequences. In this Essay, the author: Gives a brief introduction on Eritrea; uses an Eritrean intellectual property example to illustrate why countries adopt laws that seem opposed to their interests; gives a brief history of Africa and the transplantation of Western law; gives a brief history of Tax Law in sub-Saharan Africa; moves to a specific Eritrean example and show why we would expect Eritrea to avoid some of the problems; gives examples of how Eritrea has failed to avoid problems confronted by other sub-Saharan African States; and finally presents a possible explanation for the Eritrean drive toward Western legal models.
Quantum Leap: A Black Woman Uses Legal Education to Obtain Her Honorary White Pass
Social Science Research Network, Jun 11, 2008
The nature of privilege is that it is hidden from those who possess it even more than it is hidde... more The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.
North Carolina Law Review, 1998
Northern Illinois University, 2005
Social Science Research Network, 2008
This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It ha... more This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu.
Berkeley Journal of Gender, Law and Justice, 1990
Adam Smith and the Search for an Ideal Tax System
Cambridge University Press eBooks, Jul 13, 2009
Spring 2014 Diversity Lecture - Diversity is Excellence
Social Science Research Network, 1991
Keynote Address Delivered for the Journal of Contemporary Legal Issues Conference on the Future of Intersectionality and Critical Race Feminism
Social Science Research Network, 2001
Although black men and women do not always share the same problems or aspirations, intersectional... more Although black men and women do not always share the same problems or aspirations, intersectionality must always be tempered by the realization that we are one people with a common purpose who can only make headway when we understand that the divisions between us are not of our own making.
Social Science Research Network, Jun 11, 2008
Social Science Research Network, Jun 11, 2008
Social Science Research Network, Feb 11, 2016
Scholars have found that men who physically harm their intimate partners receive less punishment ... more Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female victims, the consequence is often a legal system that offers little or no protection. Until the experimental study presented here, no one has asked whether the same is true in civil actions. This original experimental survey, fielded on eight hundred participants, provides the first-ever evidence on whether legal decision makers hold sexual activity against females in civil settings. Participants received four scenarios-a homicide, a workplace sexual harassment, a long-term business relationship, and a short-term joint venture-with randomized information about prior sexual activity between the parties. As in the criminal setting, the results show that the taint of a sexual relationship hurts women, even in civil lawsuits. Yet, the results also show that evidence of sexual activity did not hurt the female complainant in the sexual harassment scenario and it actually increased the male killer's liability in the homicide scenario. The results also suggested that male jurors may be more influenced by evidence of a female's sexual activity than are female jurors. Based on these findings, attorneys might fear less that a "nuts and sluts" defense will derail a sexual harassment action; but attorneys might continue to fear that a female plaintiffs sexual activity could defeat her claim in a business setting. This original experimental survey, fielded on eight hundred participants, provides the first-ever evidence on whether legal decision makers hold sexual activity against females in civil settings. Participants received four scenarios-a homicide, a workplace sexual harassment, a long-term business relationship, and a short-term joint venture-with randomized information about prior sexual activity between the parties. As in the criminal setting, the results show that the taint of a sexual relationship hurts women, even in civil lawsuits. Yet, the results also show that evidence of sexual activity did
Social Science Research Network, Jun 11, 2008
The bibliography surveys all tax articles (but not Notes) from 1950 to date in the following publ... more The bibliography surveys all tax articles (but not Notes) from 1950 to date in the following publications, all of which are high prestige law journals for their nations:
Social Science Research Network, 1999
Social Science Research Network, 2013
Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Right ... more Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. This Article is brought to you for free and open access by the Law Journals at UKnowledge.
Social Science Research Network, Jun 11, 2008
for their comments on earlier versions of this Essay. Thanks also to Jacqueline Fontana for her u... more for their comments on earlier versions of this Essay. Thanks also to Jacqueline Fontana for her unbelievably thorough and helpful research assistance.
Social Science Research Network, May 20, 2005
Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as indi... more Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as individuals. 2 Professor Sander finds that qualified black students are adversely affected by affirmative action because they are admitted to schools above their capacity where they are matched against more qualified whites. 3 According to Professor Sander, because these minimally qualified blacks are unable to compete with their more qualified peers, they fare poorly in the classroom and on the bar examination. 4 Moreover, unqualified black students are hurt because they are admitted to law schools where they waste valuable time and money discovering that they are unable to graduate or pass the bar. 5 In turn, black
Federal Income Taxation of Individuals
Evil and the Body
Social Science Research Network, 1995