Law Commons^™

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Speaker, “Taking Choice-Of-Law Provisions Seriously: What Religious Legal Theory Has To Tell Us About The Enforceability Of Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.

Defamation And Vilification: Rights To Reputation, Free Speech And Freedom Of Religion At Common Law And Under Human Rights Laws, Neil J. Foster

Neil J Foster

For many years the common law of defamation, and statutory amendments to it, have protected a person’s reputation in the community, in the sense of the right not be denigrated in the eyes of others. While this involves a restriction on another powerful common law principle of “freedom of speech” (see the discussion in the High Court of Australia decision in Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57), a complex set of checks and balances have been developed to cope with this clash. The issues as to whether a person has a right not to be “vilified” (and …

Statutory Construction And Biblical Hermeneutics- Law In The Service Of The Gospel?, Neil J. Foster

Neil J Foster

This paper explores the connections between the principles that judges use to interpret statutes, and the principles used by Biblical scholars to interpret the Bible.

Is There Law In Heaven?, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand

Michael A Helfand

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …

Australian Marriage Law From A Biblical Perspective, Neil J. Foster

Neil J Foster

This paper discusses aspects of the Australian law of marriage from a Biblical perspective. It concludes that the definition of marriage in the law of Australia is quite consistent with the definition adopted by the Bible, and also discusses how Christians ought to view marriage under the law of Australia.

Speaker, “Process And Pitfalls Of Confirming Piskei Din As Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.

A Victim Of Physical Abuse Is Patur From The Din Of Mosar, Aaron Lang

Arthur Lang

No abstract provided.

Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower

Michael LP Lower

The debate about whether society, the corporation and any other type of "universal" has a reality outside of the mind is an old one. Catholic Social Thought (CST) sees the corporation as a community of persons. It has an existence (a life and ability to operate) of its own and is oriented to the good of its participants. This view is contrasted with the nexus of contracts approach, Williamson's Transaction Cost Economics approach and some types of stakeholder theory. It is contended that CST's approach is more realistic.

Employee Participation In Corporate Governance: An Ethical Analysis, Michael Lp Lower

Michael LP Lower

This paper outlines why CST has called for employees to be involved in the governance of the firms that they work for and a share in ownership. It points out the economic issues involved as part of its broader ethical analysis. The John Lewis Partnership is pointed to as a good working model. The possible use of ESOPs to bring about desirable changes is considered. The case for mandatory codetermination is outlined.

The Role Of Custom In Canon, Jewish And Islamic Law: Supplemented, Superseded Or Supplanted By Written Law?, Chad G. Marzen

Chad G. Marzen

Custom can be a compelling source of law and supplements, even supersedes, written, codified law in religious traditions. In this essay, I address the relationship between custom and written, codified law in three religious legal traditions: the Roman Catholic Canon Law tradition, Jewish law, and Islamic law.

In the Roman Catholic Canon Law tradition, customary law reflects the values critical to community life and while it cannot contravene divine law, customary law, if reasonable, can become law even if customs contradict written canonical norms. In Jewish law, custom (minhag) is a source of rabbinic law and can even supersede halakhah …

The Holy See's Worldwide Role And International Human Rights: Solely Symbolic?, Chad G. Marzen

Chad G. Marzen

The Holy See has been actively involved in international relations since its very beginnings. Today, its role in the formation of international human rights instruments is seen by many as “symbolic,” based largely on its concerns as a universal moral witness to humanity.

In this paper, I contend that the Holy See’s role in promoting human rights in international affairs is not solely symbolic; rather, its diplomacy is based more on pragmatic considerations of promoting its conceptions of the universal common good and the fundamental right to life than is currently recognized. By examining the Beijing and Cairo Conferences, and …

The Bridge Connecting Pontius Pilate's Sentencing Of Jesus To The New Jersey Death Penalty Study Commission's Concerns Over Executing The Innocent: When Human Beings With Human Flaws Determine Guilt Or Innocence And Life Or Death, James B. Johnston

James B Johnston

No abstract provided.

Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg

Ryan M. Riegg

No abstract provided.

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Rena M Lindevaldsen

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

Institutional Conscience And Moral Dilemmas: Why "Freedom Of Conscience" Is Bad For "Church Autonomy", Michael Moreland

Michael P. Moreland

No abstract provided.

Faith By Itself Is Dead: Local Homeless Feeding Restrictions And Their Impact On The Free Exercise Of Religion, Aric Short

Aric Short

No abstract provided.

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Westboro Baptist And The Limits Of Religious Speech, Lorin Geitner

Lorin C. Geitner

A discussion of the role of defense attorneys, the implications of the prosecutorial burden of proof, the Supreme Court case of Phelps v. Snyder, and a corresponding incident in Floyd County Virginia involving the posting of the 10 Commandments in a public school, by different parties, and why there were differing results depending upon the party.

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

Concept And Practice Of Laws Relating To Adoption In Different Religion And Modern Societies: Special Reference To The Law Of Islam, Abu Noman Mohammad Atahar Ali, Zafrin Andaleeb

Abu Noman Mohammad Atahar Ali

No abstract provided.

The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.

Dr. Muhammad Munir

Granting and protecting the rights of women in the domain of family law remains one of the most important areas of legislation in Pakistan. The role of judiciary is vital to ensure that the rights of women are protected because decisions of the superior judiciary are binding on the lower courts under the doctrine of precedent. This work focuses on cases decided by the superior judiciary in Pakistan over the period of five years to know the various remedies sought by helpless women. This article finds that legislation in the area of family law protects women to a greater degree …

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.