Digital Commons Network^™

Bloque De Constitucionalidad Y Proceso De Inconstitucionalidad De Las Leyes, Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.

High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou

Hou Meng

No abstract provided.

Responsabilità Degli Amministratori Di S.R.L. Tedesca (Gmbh) Nei Confronti Della Società, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Intimacy And Economic Exchange, Jill Elaine Hasday

Jill Elaine Hasday

The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships.

The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …

El Presupuesto Del Sector Público, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Reflections On The Admiralty Prospects Of Mixed Policies, Graydon S. Staring

Graydon S. Staring

The existence of admiralty jurisdiction determines not only access to a federal court sitting in admiralty, but also, when suit is brought elsewhere, the law to be applied. The recent Kirby decision in the Supreme Court and Folksamerica decision in the Second Circuit open the prospect of a more liberal access to admiralty jurisdiction and to the law of marine insurance, where the policy applies, or may apply, to non-marine risks.

Reducing Vat Transfer Pricing Abuse, Camilo Martinez

Camilo Martinez

No abstract provided.

La Reedificación Conceptual De La Responsabilidad Extracontractual Objetiva, Gastón Fernández Cruz, Leysser L. León

Leysser L. León

El artículo 1970 del Código Civil peruano incluye una cláusula normativa general de responsabilidad civil por actividades riesgosas y peligrosas. En las páginas de este ensayo se enmarca históricamente y desde una perspectiva comparatística dicha novedad legislativa, que convive con el régimen tradicional de la responsabilidad civil basada en la culpa.

The Sleeper Scenario: Terrorism-Support Laws And The Demands Of Prevention, Robert Chesney

Bobby Chesney

This article provides a comprehensive overview of the law prohibiting the provision of material support to designated foreign terrorist organizations (as well as two related statutes). In it, I examine the origins of the statute, the manner in which it can be used to prosecute persons suspected of being potential terrorists, and an array of constitutional and security-based objections to the law. The article concludes with suggestions for reform.

Concessão De Efeito Suspensivo A Recurso Extraordinário E A Recurso Especial, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Recurso De Agravo: Generalização De Sua Interposição, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Ideology Of Terror: Why We Will Never Win The 'War', Katie Rose Guest Pryal

Katie Rose Guest Pryal

A few days after the criminal attacks on the World Trade Center, President George W. Bush declared a metaphorical war on terror. The word “war” was once again applied to a nebulous concept in hopes of rallying support to Bush’s plans. Had Bush declared war on “terrorism,” a noun that denotes physical acts of violence, the war would have remained attached to the material world. By declaring war on “terror,” America’s enemy became ephemeral and eternal. Using Althusser's theory of ideology, this article demonstrates how the public rhetoric of terror created an “ideology of terror” that created support for Bush's …

A Constitutional Court In The Absence Of A Formal Constitution? On The Ramifications Of Appointing The Israeli Supreme Court As The Only Tribunal For Judicial Review, Guy E. Carmi

Guy E Carmi

This manuscript reviews an emerging debate in Israel regarding the appointment of the Supreme Court as a Constitutional Court. Specifically, it offers a critical analysis of the most recent proposed model, which is now in the initial legislative stages (The “Neeman Committee”), to appoint the Supreme Court as the sole constitutional arbiter.

First, the article offers an overview of the main processes that have occurred in the arena of Israeli constitutional law in the last decade, generally known as the “Constitutional Revolution.” Next, the article shows the nexus between this process and the revival of the constitutional court debate. Readers …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica M. Silbey

Jessica Silbey

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions. The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore’s Farenheit 9/11 and Errol Morris’s Fog of War). Judges, advocates, and legislatures, however, view films of custodial interrogations and confessions those that reveals a truth and lacks a distorting point of view. As this Article will explain, the trend at law, although aimed at furthering venerable criminal …

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.

Grippe Aviaire Et Tamiflu. En Cas De Pandémie La Belgique N'Utilisera Pas De Génériques, Même S'Il Y A Pénurie De Médicaments De Marque, Daniel De Beer, Serge Gutwirth, Isabelle Stengers, Jean Paul Van Bendegem

Serge Gutwirth

No abstract provided.

Vogelgriep En Tamiflu. In Geval Van Pandemie Zal België Geen Generische Equivalenten Gebruiken, Zelfs Al Is Er Gebrek Aan Merkproducten, Daniel De Beer, Serge Gutwirth, Isabelle Stengers, Jean Paul Van Bendegem

Serge Gutwirth

Er wordt ons gezegd dat de regering zijn wapens scherpt tegenover de dreiging van de vogelgriep. Zelfs al zijn er wel degelijk maatregelen genomen, dan toch zegt de regering niet alles en speelt zij Russische roulette. Indien een pandemie zich tijdens de komende twee jaar kan ontwikkelen, dan is de kans groot dat ze erg moorddadig zal zijn. Dit is des te absurder daar zulke dramatische ontknoping gemakkelijk kan worden vermeden

The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard

Steve Sheppard

Locke's concept of rights influenced the Framers of the Constitution, which has increased the stakes in later interpretation of what Locke’s model of rights entailed. “Lockean rights” now suggests a perfect right unlimitable by the state in the public interest. Such a right is theoretically interesting, but it is not what Locke had in mind, and it was not the model of rights Madison, Jefferson, Hamilton, and other inherited from Locke's Second Treatise.

This paper was an initial reconstruction of Locke's model of a right, locating it within the legal culture of his time and place. His model of what …

Freedom Of Thought: The First Amendment And The Scientific Method, Dana Remus Irwin

Dana Remus Irwin

No abstract provided.

The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo

Mario Rizzo

This Article applies a theory of rational choice to moral decisionmaking. In this theory, agents act primarily on local and personal knowledge to instantiate moral principles, virtues and moral goods. The State may seek to prevent them from acting as they independently determine by prescribing or proscribing certain conduct by formal legal means. If its purpose is to ensure that people act morally or become better persons, we call this “moral dirigisme.” Our thesis is that the need to use decentralized knowledge to determine the moral status of an act makes the task of the moral dirigiste well-neigh impossible. The …

The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich

Jess M. Krannich

No abstract provided.

The Role Of Levies In Canada's Digital Music Market , Jeremy F. De Beer

Jeremy de Beer

Parties not directly involved in the use of copyright-protected music have increasingly become the targets of established or proposed schemes to provide revenues for the music industry. It has been suggested that rather than obtaining payments directly from consumers or distributors of digital music in exchange for licenses to use or transmit that music, levies should be imposed on the goods and services of third parties, such as recording media, digital devices and/or Internet access. This paper considers whether levies are an appropriate way to deal with the challenges and opportunities that are arising in Canada's digital music market.

Traditional …

The Teleology Of International Investment Law, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

The article looks into the purpose of the international investment agreements and the role that has into the interpretation of those instruments.

Morgen Nu (In: Jubileum Nummer Ier, 2005), Severin De Wit

Severin de Wit

This article appeared in the Dutch language magazine (IER) in 2005

Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.

Direito Da Família E Internet: - Infidelidade Virtual: Um Mito Ou Realidade Com Efeitos Jurídicos, Hugo Cunha Lança

Hugo Cunha Lança

No abstract provided.

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

Considering The Circumstances: The Credibility Of Prior Statements Under The Real Id Act, Kathryn Jastram

Kate Jastram

No abstract provided.

Il Rapporto Contrattuale Tra Gli Arbitri E Le Parti Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.