Law Commons^™

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi

Catholic University Law Review

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders.

Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and what is especially striking about the post-1945 experience is that the constitutionalism of charisma included not only the adoption of written constitutions, but also the adoption of meaningful …

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook

Indiana Journal of Global Legal Studies

Secession seems like a concept of the past. In our increasingly globalizing world, nationalism was growing archaic and halting progress. But secession has seen a surge in the last ten years. Kosovo declared independence from Serbia in 2008. The United Kingdom seceded from the European Union in the infamous "Brexit." And in 2017, Catalonia's grab for independence sparked the worst crisis in Spain since the days of Francisco Franco.1 Alongside these high-profile secessions, smaller movements, which until now were simply brewing and bubbling, are becoming inspired. One such movement is "The South is My Country," a coalition of three southern …

Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes

William & Mary Journal of Race, Gender, and Social Justice

This Article argues that maternal and paternal functions can be performed by same-sex parents from a psychological point of view. Consequently, the legal recognition of their relationship with their children meets the principle of human dignity pursuant to the Brazilian Federal Constitution.

Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo

Electronic Thesis and Dissertation Repository

Brazil’s toll-highway system is among the most extensive tolling systems on the planet. This extensive toll-highway system affects millions of Brazilians, particularly because it is increasingly difficult for Brazilians to move between work and home without passing through a number of toll gates. Moreover, most toll roads in Brazil have been conceded from the government to private actors, and regulations governing the actions of these private actors (and the rates they charge to highway users) are sparse. This thesis will examine the nature of the highway toll industry in Brazil, the laws conceding toll roads to private actors, and the …

Moral, Politics And Method: The Influence Of Ronald Dworkin´S Philosophy On The Brazilian Supreme Court, Luciano Del Monaco, Nuria López

Nuria López

This article analyses the influence of Ronald Dworkin´s philosophy on the Brazilian Supreme Court. After the Constitution of 1988, the Supreme Court gained a new and broader role in Brazilian political scene. At this time, the work of Ronald Dworkin (and its Brazilian editions) became popular and served as justification for the most important cases on the Supreme Court: the fidelity of Congressist´s members on their Political Party; the permission of embryonic stem cells research; the unconstitutionality of press regulation; and the homosexual civil union. Dworkin´s philosophy is a part of the changing-role of the Supreme Court in Brazil. This …