Law Commons^™

Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad

Mary Alice Haddad

This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such as Greenpeace. These hypotheses are tested …

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 …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Carole Silver

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly

Carole Silver

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …

The Relevance Of Laborem Exercens For Workers, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Participant, Labor Law Group Biennial Meeting, Thomas Kohler

Thomas C. Kohler

No abstract provided.

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.

Participant And Commentator, Study Group On A Restatement Of European Labour Law, Thomas Kohler

Thomas C. Kohler

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.

Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan

Felice J Batlan

Enter The Poor: American Welfare Reform, Solidarity And The Capability Of Human Flourishing, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

Making Meaning Of Megan’S Law, Rose Corrigan

Rose Corrigan

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay

Paul R. Tremblay

This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available models …

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 …

A Marriage Skeptic Responds To The Pro-Marriage Proposals To Abolish Civil Marriage, Nancy J. Knauer

Nancy J. Knauer

This essay responds to the pro-marriage proposals to abolish civil marriage presented by Professors Crane and Zelinsky. As a marriage skeptic, I do not share their unwavering support of marriage, but there are numerous points of agreement. I agree with Professor Zelinsky that a vision of a world without civil marriage is an important metric against which to evaluate public policy proposals. In addition, I find quite compelling the notion that a private deregulated marriage regime would promote a more mindful partnership where expectations were express, responsibilities were clear, and the terms were tailor-made for the particular couple. Finally, I …

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.

“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo

Nick J. Sciullo

This paper will discuss the background of the 2002 Farm Bill and its origins in the Federal Agricultural Improvement and Reform Act of 1996 (hereinafter the 1996 Farm Bill). Secondly, a basic discussion of feminist international relations and more generally, feminist legal theory will be invoked to provide a theoretical beacon for the rest of the journey. Thirdly, specific arguments about ecofeminsim and postcolonial feminism are teased out in order to critically investigate the direct and indirect consequences of United States farm policy. Fourthly, the 2002 Farm Bill's disparate impact on international womyn will be discussed and theories about the …

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.

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 …

Prophecy And Casuistry: Abortion, Torture And Moral Discourse (Giannella Lecture), M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Understanding Law And Religion As Culture: Making Room For Meaning In The Public Sphere, Benjamin L. Berger

Benjamin L. Berger

Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow

Matthew Parlow

The Blogosphere And The New Pamphleteers, Donald J. Kochan

Donald J. Kochan

The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M. C. Mirow

M. C. Mirow

Through The Back Door: Applying Theories Of Legal Compliance To Illegal Immigration During The Chinese Exclusion Era, Emily Ryo

Emily Ryo

This article applies theories of legal compliance to analyze the making of this country’s first “illegal immigrants”—Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882–1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which Chinese laborers gained surreptitious entry into the United States during this period and ask, what explains their mass noncompliance? I suggest that while an instrumental perspective is useful for understanding these border crossings, it overlooks other important determinants of noncompliance: normative values and opportunity structures. Specifically, the exclusion laws were widely …

“Birds Of A Feather” Rico: Trying Partners In Crime Together, Julie Gunnigle

Julie Gunnigle

No abstract provided.