Legal Writing and Research Commons^™

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.

Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis

Nicos Trimikliniotis

Outside southern Africa little attention has been given to the lively debates, particularly within South Africa, about migration, economic integration, racism/xenophobia and exclusion. After the collapse of apartheid the Southern African Development Community (sadc) developed initiatives on regional co-operation on population movement in a far-reaching 1995 Draft Protocol on Free Movement. However, the post-apartheid South African state was concerned solely with free trade and, with the support of other regional players, managed to halt the Protocol. The processes of neoliberal regional integration, socioeconomic transformations, poverty and inequality, as well as the political turmoil in countries of the sub-Saharan region, have …

Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis

Nicos Trimikliniotis

Kατεδαφιζόμεθα ή καταρρέει ένα ιδεολόγημα Στο απόηχο της πρώτης και σ’ αναμονή της δεύτερης συνάντησης των δύο ηγετών, του κ. Χριστόφια και κ. Ταλάτ, «ξέσπασε» ή μάλλον «κατασκευάστηκε» από κάποια μίντια (και τις εμπρηστικές δηλώσεις από διάφορους) μια έξαλλη «συζήτηση» γύρω από την εγκύκλιο του Υπουργού Παιδείας. Μάλλον καταλάγιασε, προσωρινά τουλάχιστον, αλλά θα σιγοκαίει καθώς προχωρούν οι συνομιλίες. «Αλλού μας τρώει» λοιπόν… Αξίζει ωστόσο να πάρουμε κάτι από τις αντιδράσεις από μια εγκύκλιο που λέει τα αυτονόητα, κι απλά θέλει να εφαρμόσει στην πράξη αυτά που προφανώς ψευδώς διακηρύσσαμε. Γι’ αυτό και παίρνουμε στα σοβαρά τα τραγελαφικά που ζούμε κι …

Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis

Nicos Trimikliniotis

[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over …

Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis

Nicos Trimikliniotis

Concept The conference aims to initiate a dialogue between the two communities on the concept as well as the potential for reconciliation and cooperation in Cyprus today: at a time when working groups and technical committees are engaged in a dialogue preparing the ground for the face to face meeting between the leaders of the two communities, academics, researchers, activists and concerned citizens cannot stand by and watch; they need to find ways to constructively engage in the debate over the future of Cyprus and contribute to building trust, communication and understanding between the two communities. The conference proposes to …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

Searching And Researching Archives, Matilda Arvidsson

Dr Matilda Arvidsson

In this presentation I juxtapose two web pages, analyzed as archives: the Gertrude Bell archives (http://www.gerty.ncl.ac.uk/), and the Coalition Provisional Authority (CPA) of Iraq official web page (http://www.iraqcoalition.org/regulations/).

Following Jacques Derrida and Ann Laura Stoler, I argue that these archives should be researched not as sources of knowledge, but rather as the structuring and production of knowledge of law and colonial power. Researching law and colonial power in this way the similarities and dissimilarities in structuring the two archives as specifically online archives are analyzed in the presentation, pointing at the ways in which documents, texts, data is provided, presented …

Readability Studies: How Technocentrism Can Compromise Research And Legal Determinations, Louis J. Sirico Jr.

Working Paper Series

One way to determine whether consumers understand a document is to use a readability formula to assign it a score. These formulas calculate readability by counting such variables as the number of words and syllables in a passage or document. The idea of readability formulas has been defined as “an equation which combines those text features that best predict text difficulty. The equation is usually developed by studying the relationship between text features (e.g., words, sentences) and text difficulty (e.g., reading comprehension, reading rate, and expert judgment of difficulty).” Even though readability formulas are mechanical and imperfect, they are easy …

Constituting Vanuatu: Societal, Legal And Local Perspectives, Jackson N. Maogoto, Benedict S

Jackson Nyamuya Maogoto

Governance in Vanuatu has been a source of concern for Australia as it forms part of Australia’s ‘Arc of Instability.’ Vanuatu has adopted a modified Westminster system as the Westminster system and its constitution are often advocated as the model for constitutions and governance around the world. In various former colonies local populations were expected to simply absorb its liberal democratic principles apparently on some assumption that such principles were an innate part of human nature. Most readings of history would come to a different conclusion. Vanuatu illustrates this error and the complexities of a society that create not only …

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder

Nancy Levit

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …

Christian Anthropology And The Theory Of The Firm, Michael Lp Lower

Michael LP Lower

Catholic social thought (CST), a branch of moral theology, reflects Christian anthropology (an understanding of human nature that draws on Revelation and natural law theory). CST's understanding of what communities (such as the corporation) are for and how they can best achieve their ends are coloured by its anthropological underpinnings. The same, it is argued, is true for economic theories such as the theories of the firm based on Coase. This paper compares Christian anthropology with the implicit anthropology underpinning some of the dominant economic theories of the firm. Differences at this level go a long way to explaining mismatches …

United States V. Grier, Lyndsay V. Ruotolo

NYLS Law Review

No abstract provided.

Teaching With Technology: Is The Pedagogical Fulcrum Shifting?, Camille Broussard

NYLS Law Review

No abstract provided.

The Clinical Year, Stephen Ellmann

NYLS Law Review

No abstract provided.

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

NYLS Law Review

No abstract provided.

Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson

NYLS Law Review

No abstract provided.

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.

The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills

NYLS Law Review

No abstract provided.

Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen

NYLS Law Review

No abstract provided.

Institutional Reform Litigation, Leonard Koerner

NYLS Law Review

No abstract provided.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Pairs Thirteen To Sixteen, Michael Sinclair

NYLS Law Review

No abstract provided.

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.

Reflections On My Years As Corporation Counsel, Peter L. Zimroth

NYLS Law Review

No abstract provided.

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

NYLS Law Review

No abstract provided.

Podcasts, Powerpoint, And Pedagogy: Using Technology To Teach The Part-Time Student, Joyce D. Saltalamachia

NYLS Law Review

No abstract provided.

Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

NYLS Law Review

No abstract provided.

Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis

Nicos Trimikliniotis

-Introduction -Defining the State -Europeanisation and the State -The Emergent Migration State -The Centrality of the Border: Migration and the State of Exception -Revisiting the ‘Agency versus Structure’ Debate -Migrants against the State of Exception ----Link: http://www.kora.metu.edu.tr/glomig/GLOMIG_Conference_Proceedings_Book.pdf Introduction If we are to address thoroughly an issue as complex as migration, we are forced to examine closely how the methods for controlling migration are being reformulated. The focus of our paper is primarily the European context, but the ideas and processes have a much wider scope. In an era that is characterised by a generalised ‘state of exception’ (Agamben, 2004), the …

Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...

El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Intentemos retomar algunos hilos sueltos de discursos dispersos y con una nueva mirada analítica, procuremos ver una realidad sutil y huidiza: ese derecho natural que parece silencioso en nuestros días, y más silencioso aún en los discursos psitacistas: tanto en los pomposos como en los pseudo-rigurosos.

Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O presente artigo procura unir traços de aparente heterodoxia, recuperando, porém, paradigmas e tópicos que não são novos. Com efeito, nem as virtudes, nem a república, nem sequer a felicidade são novidades. O que talvez seja novo (new again) é o espírito de buscar outra vez as raízes, as fontes, para um intento de renovação do ambiente juspolítico. Somos naturalmente favorável a uma Constituição principial e valorativa, como a nossa. Mas parece-nos que há nela lugar a Virtudes (que já existem nela), e que a descoberta das Virtudes nas Constituições, e, logo, no Direito, é, afinal, um ovo de Colombo. …