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A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil, Eduardo Dantas
A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil, Eduardo Dantas
Chicago-Kent Law Review
This paper aims to demonstrate how medical malpractice litigation is developing in Brazil, and how the Brazilian legal system is dealing with the increase of demands against health care professionals. A brief overlook on the legal structure is provided, highlighting the most important issues being discussed today in Brazilian courts, regarding autonomy, consent, choice, the definition of moral damages, and the influence of the Consumer's Defense Code in litigation regarding health law.
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
San Diego International Law Journal
The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …
The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist
The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist
Law Faculty Publications
Strict but arguably unfair and counterproductive systems of criminal environmental law and enforcement exist in both the United States and Brazll in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting, both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Articles
Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …