Digital Commons Network^™

Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali

Abu Noman Mohammad Atahar Ali

No abstract provided.

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …

Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.

Never Get Out'a The Boat: Stenberg V. Carhart And The Future Of American Law, Michael Scaperlanda, John M. Breen

Michael A. Scaperlanda

No abstract provided.

Never Get Out'a The Boat: Stenberg V. Carhart And The Future Of American Law, Michael Scaperlanda, John M. Breen

John M. Breen

No abstract provided.

Constitution, Kirk W. Junker

Kirk W Junker

Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Três tópicos sintetizam as preocupações da presente leitura de Tomás Moro: antes de mais, o direito constitucional e a polémica constitucional que acabou em crime político sob forma penal – a decapitação de Moro por traição; depois (mas apenas por comodidade depois, porque está antes de tudo em Moro), o cristianismo, mola propulsora da vida, do pensamento e da obra desta figura; finalmente, a utopia social, o seu contributo para a filosofia política, numa clave que normalmente não é a da maioria dos expoentes recentes do pensamento cristão – e daí, também, a sua originalidade.

William Rehnquist, The Separation Of Powers, And The Riddle Of The Sphinx, Tuan Samahon

Tuan Samahon

No abstract provided.

Analysis On The Leaving Of Grand Justices In The Supreme People’S Courts（最高人民法院大法官的流动分析）, Meng Hou

Hou Meng

No abstract provided.

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …

Rehabilitating The "Mystery Passage": An Examination Of The Supreme Court's Anthropology Using The Personalistic Norm Explicit In The Philosophy Of Karol Wojtyla, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Immigration And Evil: The Religious Challenge, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

An Examination Of New Jersey's Money Laundering Statutes, James B. Johnston

James B Johnston

Drug dealers, white collar criminals and organized crime groups look at New Jersey as a safe haven when conducting financial transactions with their crime linked money. Due to its proximity to New York, New Jersey has become susceptible to the money laundering industry. As a result the New Jersey legislature has passed a series of anti-money laundering provisions that provide law enforcement with powerful tools designed to take the profit out of crime and bring money launderers to justice. This article examines New Jersey's money laundering statutes and its potential contribution in bringing profit motivated criminals to justice.

Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes

Debra L. Parkes

Numerous reports and commissions of inquiry have documented the need for oversight and accountability mechanisms to redress illegalities and rights violations in Canada’s women’s prisons. This paper examines the recent troubled history of women’s imprisonment in which the calls for meaningful accountability and oversight have arisen, outlines some necessary criteria for any effective oversight body within this context, and measures some of the key recommendations against those criteria. The authors conclude that the judicial oversight model and remedial sanction proposed by Justice Louise Arbour in 1996 in her Report of the Commission of Inquiry into Certain Events at the Prison …

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.

The Meaninglessness Of Delayed Appointments And Discretionary Grants Of Capital Postconviction Counsel, Celestine Richards Mcconville

Celestine Richards McConville

This article addresses the right to postconviction counsel in capital cases - a right that is absolutely crucial to protecting innocent capital inmates from wrongful execution. It is no secret that indigent capital inmates who wish to pursue their state postconviction remedies have no constitutional right to counsel, and instead must rely on statutory grants of counsel. While numerous death penalty states have seen fit to provide a mandatory statutory right to postconviction counsel, a handful of death penalty states, including Alabama, provide only a discretionary right to such counsel. But in Alabama, which at the time of this writing …

The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda

Ronald D. Rotunda

The War on Terror, more than any other war, involves lawyers. For example, they track down terrorist funding, freeze bank funds, and engage in electronic surveillance. Even more significantly, those whom the military has captured are using the U.S. court system to seek release from their detention. While there are a few cases on this issue going back to the Civil War and World War II, the U.S. Supreme Court has issued major rulings on this question in the last few years. The media and those suing the Government claim that these cases have rejected and dealt severe blows to …

The Citizenship Dialectic, Ediberto Roman

Ediberto Roman

Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Erin Ryan

South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …

The Ethnographic Village Law In The Transformation Of The Social(转型社会的乡村法律民族志：方法与对象), Meng Hou

Hou Meng

No abstract provided.

Changing Expectations Of Privacy And The Fourth Amendment, Robert Power

Robert C Power

Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper considers the challenges ahead after having assessed what determined the outcome of the referendum in April 2004 and the balance of forces as they emerge in the Parliamentary elections of 2006. In spite of the generally sound claims that globalisation shifts decision-making away from nation-states, particularly weak and small states to networks beyond the nation-state, in the case of Cyprus what we have for the first time paradoxically is the “fate” of Cyprus primarily in the hands of Cypriots themselves. Although semi-occupied the two communities can make their decision as to the future of their country and state, …

Immigration To Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter discusses the context that has transformed Cyprus from an emigration to an immigration country. It examines public discourse, the legal status, and the social position of migrants and asylum-seekers. This is exposed against the historical and political backdrop of Cyprus, dominated by the ‘national’ problem, which keeps the island divided.

Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity And Nation States?, Shubhankar Dam

Shubhankar Dam

This article critically analyses the decision of the Indian Supreme Court in Yashpal and another v. State of Chhattisgarh and others holding the establishment of private universities as unconstitutional. Swayed by the overwhelmingly irresponsible character of the respondent universities, the Supreme Court innovated constitutional arguments to uphold the claims of the petitioners. While intuitively correct in the context of the immediate facts, the judgment, when analysed in the abstract, reveals the self-inflicted harm it has the potential to cause. The judgment is technologically regressive: it fails to account for the emerging trends in education, especially those related to the use …

El Tribunal Constitucional Ante El Principio De Primacía Del Derecho Comunitario, Germán M. Teruel Lozano

Germán M. Teruel Lozano

THE SPANISH CONSTITUTIONAL COURT BEFORE THE PRIMACY PRINCIPLE OF COMMUNITY LAW: The objective of this study is to analyze and to assess the jurisprudence of the Spanish Constitutional Court about the compatibility of Primacy principle of Community Law with the Spanish Constitution of 1978. The paper pays special attention to the Declaration about the European Constitution (1/2004), that implies a radical change from the previous decisions of the Constitutional Court, especially with respect to the Declaration on the European Union Treaty (132bis/1992). Since the 2004 Declaration, the Constitutional Court admits a possible “displacement” of constitutional rules on behalf of community …

Leyes Orgánico-Constitucionales: Insatisfactoria Rigidización De La Democracia, Fernando Muñoz

Fernando Muñoz

No abstract provided.

A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment

William G. Merkel

Por Causa Da Mulher, Haradja L. Torrens

Haradja L Torrens

No abstract provided.

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …