Law Commons^™

A Comparative Analysis Of Anti-Discrimination And Data Protection Legislations, Raphael Gellert, Katja De Vries, Paul De Hert, Serge Gutwirth

Serge Gutwirth

Departing from the ECJ’s Huber case where Germany was condemned for discriminatory processing of personal data and which suggests that there is a strong kin between data protection and discrimination issues, this chapter is an attempt to further compare the two fundamental rights (i.e., non-discrimination, and data protection). Beyond their place in the EU legal order, their respective object or scope, this chapter will contend that these two human rights increasingly turn to the same mode of operation, including, inter alia, reliance upon administrative structures and procedures, or the endowment of citizens with a bundle of individual rights. We will …

“The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist", Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table Annexed To Article: Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?

Table Annexed To Article: From Treaty To Territory: Ocl Inventories American Expansion, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL discusses patterns in state-making including nascent and nearly-nascent states. Divisions in acquisition and organization of land as well as management of territorial boundaries through multiple subdivisions are discussed.

Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?

Paradoxes And Puzzles For The Family, Richard A. Westin

Richard Westin

This is a collaborative work with my daughter that recreates many of the dinner table paradoxes and puzzles that fascinated my children at the ages of 8 and 10. As any parent knows, children's minds are clear and adept. These puzzles are often less trouble to them than to adults.

Paradigmas Jurídicos Do Ter, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A questão da propriedade é essencial ao Direito. A forma como com ela lida determina-o na sua essência. Por isso o primeiro grande paradigma jurídico foi o do direito objetivo, com relação de propriedade direta sobre as coisas, depois o subjetivo, em que a relação se subjetiviza e aparentemente (só aparentemente) se imaterializa, ao ponto de hoje tudo ser governado pelos Mercados sem rosto, e tem-se a esperança que possa vir a triunfar um Direito Novo, Humanista, Fraterno, em que conte mais a Pessoa que a propriedade. Este artigo recorda os momentos matinais em que se (de alguma forma miticamente) …

Table Annexed To Article: Taney’S Complaint: This Country’S Too Darn Big For Moveables, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney’s Dred Scott decision complains that Dred Scott’s freedom’s a federal taking of private property without compensation, a Fifth Amendment violation. How should mobilia be governed, given the nearly four dozen law-making jurisdictions, which, of 1857, are in the business of regulating attributes of mobilia; that is, assigning predicates to objects? A schema for tracking the claims teased out of Taney’s opinion is proposed. Can predicates in motion be made permanent?

Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen

Dr Jennifer M Nielsen

Based on a paper presented at the Australasian Law Teachers Association Annual Conference, Victoria University of Wellington, Wellington, New Zealand, 4-7 July 1999 - stimulating debate amongst legal academics on the critique raised by indigenous Australians of 'pseudo-white experts' of western-oriented research methods and of research done 'about them' - little questioning or discussion within the literature by Australian academics of the ethics process in research or examination of ethics of research on indigenous issues - only a small number of those undertaking research into indigenous people are themselves indigenous Australians - the indigenous critique remains misunderstood by or unknown …

Direito Constitucional, Património Cultural, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Este artigo propõe o desafio teórico de se pensar o Direito Constitucional não só como como ciência de cultura (Peter Haeberle), mas ainda como património cultural, a defender também pela Cidadania.

Challenges For Development In 21st Century (B.R. Publications, Delhi, 2011), A Book Authored By Dr. Ruby Ojha & Book Review By Prof. Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

This book makes a path-breaking contribution to encourage discourse on some of the most neglected areas in the mainstream economics. This scholarly contribution towards understanding of the macro-economic parameters affecting development economics goes beyond economic history and examines wide range of contemporary development problems. The provides up-to-date reference material for development economics, gender economics, International Trade and Economics of infrastructure. The scholar has examined wide range of contemporary concerns in development studies using prism of economics. She has touched specialized areas such as gender economics, environmental economics and inter-disciplinary work on social sector of the economy. International Trade and Economics …

The Parable Of The Generous Pasha (And The Presumption Of Rejection), Peter Aschenbrenner

Peter J. Aschenbrenner

How can assemblies, that is, gatherings in venue, take action? Whether writing rules or taking decisions, assemblies oblige themselves to follow procedures; those assembled must prove that three presumptions of rejection have been overcome. A Pasha learns this lesson when he offers a gift to his people: Process matters. The Grand Vizier survives the lesson, proving that a sense of humor also matters.

Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner

Peter J. Aschenbrenner

When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical …

Chart Annexed To Article: The War Between The Stats: An Introduction To Taney’S Regrets, Peter Aschenbrenner

Peter J. Aschenbrenner

The decade of the 1850’s, leading up to Dred Scott v. Sandford, 60 U.S. 393 (1857), saw Americans debate the ‘war between the stats.’ OCL presents the third in its series of articles analyzing the mathematical logic of new state-making. Taney’s focus on the war between the stats explains Dred Scott, OCL suggests, as much as his inveterate racism, and, therefore, grounds any scholarly explanation of the coming war between the states.

Chart Annexed To Article: Crafting The Northwest Ordinance: Tracking The Paths Of Four Delegates, Peter Aschenbrenner

Peter J. Aschenbrenner

Tracking Paths of Four Men Who were Delegates and attendees at both the 1787 Federal Convention and the 1787 Session of the Continental / Confederation Congress, when combined with internal quorum requirements of the Congress, yields significant information about the adoption of the Northwest Ordinance. First in a series.

Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical …

The Imperial Semicolon Holds Court At Il Ristorante Beauflanx, Selections From Story Conquers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Alaska Territory, July, 1947, Il Ristorante Beauflanx: At a dinner party the assembly turns its attention to the Imperial semicolon, citation to works published before the reign of Otto III, and the competing virtues of the double (“) vs. the single (‘) quotation mark. Dydo Barclay presides. Orthographically correct footwear does not make its appearance, however.

Table Annexed To Article: Mr. Madison Counts The Debates Of ‘The People In Their Conventions’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Madison referred to the ‘sense’ of the Constitution as the ‘sense attached to it by the people in their conventions.’ OCL tables the availability of that ‘sense’ as a resource through the publication (or lack thereof) of ratification convention journals and debates.

Table Annexed To Article: Appraisives In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The vocabulary of the federal constitution includes appraisives such as ‘needful’, ‘comfort’ and ‘good.’ These are words employed when the writer is making a value judgment and wants the reader to know that a judgment has been made at the time of the communicative act. In addition, these words can be employed when the writer permits, commands, or prohibits the reader’s conduct in the future. Appraisives used in the Early Constitution are surveyed.

The Pasha's Gift: How The Few Benefit The Many By Arguing About The Perfect World, Peter J. Aschenbrenner

Peter J. Aschenbrenner

We know that process matters (for the wrong reasons) because participants in the process of organizing future process (such as a convention organizing a congress) will seek to ‘game’ the process. But does why the legislative (second-named) process exist at all? The presumption of rejection asserts that the many are jealous of the few; so how can the few overcome the presumption? The net social benefit conferred by the few is investigated and the Pasha’s search for answers requited.

Stop, Look And Lament: Jeremy Bentham Explains The Texture Of The Bill Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Words, phrases and sentences devoted to if … then … or provided that or but or as will not cue restraints, which enhance or diminish the force of commands and permissions, on the one hand, and, on the other hand, prohibitions, in the Early Constitution. Bentham and Madison are surveyed to mine an explanation for variance in texture of the Bill of Rights (1789) as opposed to the Philadelphia Constitution (1787) and the two amendments (1795, 1804) which complete the Corrective Constitution.

Classifying Our Constitution: Amendments Thirteen Through Twenty-Seven In Ctu Format With Word Counts, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Amendments Thirteen through Twenty-Seven are presented in CTU format with word counts to establish word placement. Amendments are grouped by purpose and various versions of the federal constitution are compared and named.

Table Annexed To Article: The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The voting strength of the original thirteen states declined as new states entered the Union and population moved west. OCL tables the changes in Virginia’s congressional delegation. The information backgrounds Sen. Calhoun’s speech (March 4, 1850) against the Compromise of 1850.

Dr. Franklin's Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

At the federal convention, Benjamin Franklin highlighted the difference between the two voting regimes which divide the logical possibilities between them: per capita and per stirpes. Franklin forced the convention to consider what process was best designed to overcome the presumption of rejection by which assemblies are deemed to have rejected action.

The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The voting strength of the original thirteen states declined as new states entered the Union and population moved west. OCL tables the changes in Virginia’s congressional delegation. The information backgrounds Sen. Calhoun’s speech (March 4, 1850) against the Compromise of 1850.

Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Thirty-two of the fifty-five delegates who attended the federal convention went on to attend a ratifying convention; twenty-five are Yes-Founders and one, Gov. Edmund Randolph, won his ‘SuperFounder’ status at the Virginia Ratifying Convention. Never before surveyed as a group, the table annexed names the SuperFounders and details their opposite numbers, the No-Founders.

Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner

Peter J. Aschenbrenner

“Whereas, serious and alarming dissensions have arisen between the Northern and Southern States,” the Crittenden amendment (1860-1861) proposed “constitutional provisions, which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States.” So what was wrong with the 5,224 words of the federal constitution that these 1,348 words were going to fix?

محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Comunicação Política, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A sociedade de hipercomunicação e de espetáculo têm regras novas, que ainda não terão sido completamente assimiladas. Neste artigo se reflete quase aforisticamente sobre os problemas do diálogo em relação com a educação dos participantes, as bases de comunhão em que qualquer discussão tem de basear-se, o discurso do poder para o povo e do povo para o poder, as figuras deste, a perceção e a caricatura da realidade com aquele fim, e finalmente o papel comunicativo do representante.

[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore

Nick Salvatore

[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …