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Articles 1 - 30 of 30
Full-Text Articles in Legal Writing and Research
Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis
Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis
Nicos Trimikliniotis
The visit of Elders in December 2009 is coinciding with a critical moment in the negotiation process, which is gradually entering into its final crucial phase. The two leaders appear determined to move forward with a settlement, despite the inherent difficulties; the Elders’ visit can assist the process by encouraging the leaders to show courage and boldness so as to press on with an agreement as soon as possible. Unlike in 2004, where both process and outcome were in the end delegitimized as ‘externally imposed’ and ‘not properly balanced’, this time the process is entirely owned and controlled by the …
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
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 …
Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis
Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis
Nicos Trimikliniotis
This is a staudy on racism in sport in Cyprus, part of the the RAXEN Network.
There is no comprehensive study, nor is there any systematic system of recording racist incidents and discriminatory practices in sport in Cyprus. To collect the necessary evidence for the purposes of this report the NFP relied on various secondary sources (books, media reports). Additionally, the report draws on interviews as well as extensive information gathering from the persons interviewed (see interview list). There is however some ‘concrete’ evidence in the form of specialised body reports and sanctions against particular clubs imposed by the tribunal …
Exceptions, Soft Borders And Free Movement For Workers, Nicos Trimikliniotis
Exceptions, Soft Borders And Free Movement For Workers, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter deals with issues of exceptions, soft borders and free movement for workers as illustrated in the Case of Cyprus. The chapter attempts to unravel some exceptional considerations aiming to restrict free movement for workers essentially on the grounds political and economic conditions that fall outside the edges of the law. The ECJ has repeatedly ruled that the scope of exceptions, derogations, issues relating to the territorial scope of treaties as well as various public policy and security considerations restricting free movement, are severely limited by the operation of the fundamental principles of the EU acquis. On the other …
Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey
Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey
Subhajit Basu
Many older people are not aware where and when advice is available. Furthermore they may be unaware that advice is needed
Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos
"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"
O Que É Uma Universidade?, Paulo Ferreira Da Cunha
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 …
Digital Ethics In Bridging Digital Divide, Subhajit Basu
Digital Ethics In Bridging Digital Divide, Subhajit Basu
Subhajit Basu
Our information society is creating parallel systems: one for those with income, education and literacy connections, giving plentiful information at low cost and high speed: the other are those without connections, blocked by high barriers of time, cost and uncertainty and dependent upon outdated information. Hence it can be expressed the DD is nothing but a reflection of social divide. The question is what is the best strategy to construct an information society that is ethically sound? Most people have the views that ICT and underlying ideologies are neutral. This Technology has become so much naturalized that it can no …
2009: Αναγνώσεις Ενός Θρυμματισμένου Κόσμου, Nicos Trimikliniotis
2009: Αναγνώσεις Ενός Θρυμματισμένου Κόσμου, Nicos Trimikliniotis
Nicos Trimikliniotis
2009: Αναγνώσεις ενός θρυμματισμένου κόσμου Περιπέτειες Ιδεών, Τ.26 [18.1.2009] ΠΕΡΙΕΧΟΜΕΝΑ 1. Editorial Το Θέατρο φρίκης της γειτονιάς μας: Θρυμματισμένα οράματα και σώματα Αμάχων ΕΚΤΑΚΤΟ ΠΟΛΕΜΙΚΟ ΔΕΛΤΙΟ: Η ΚΑΡΔΙΑ ΜΑΣ ΣΤΗΝ ΠΑΛΑΙΣΤΙΝΗ ΤΟΥΦΕΚΙΖΕΤΑΙ 2. Avishai Ehrlich Σταματήστε τον Πόλεμο! 3. ΑΛΛΗΛΕΓΓΥΗ ΣΤΟΥΣ ΙΣΡΑΗΛΙΝΟΥΣ ΑΝΤΙΡΡΗΣΙΕΣ ΣΥΝΕΙΔΗΣΗΣ 4 . Λινοπάμπακος "Εν τζαι εζητησαμεν το φεγγαρι..." 5. Α.Δ. Ανευ Ορίων Στρατόπεδο συγκέντρωσης “Gaza Camp” ΓΙΑ ΤΗΝ ΕΛΛΗΝΙΚΗ ΕΞΕΓΕΡΣΗ ΚΑΙ ΤΟΝ ΑΥΤΑΡΧΙΚΟ ΚΡΑΤΙΣΜΟ 6. Μωυσής Μπουντουρίδης Για την ‘Κριτική της Βίας’ του Walter Benjamin 7. Walter Benjamin Κριτική της Βίας (αποσπάσματα) 8. Άκης Γαβριηλίδης Γιατί είμαι με τους κουκουλοφόρους 9 Αλεξάνδρα Πατρικίου Γιατί ΔΕΝ μπορώ …
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
Linda L. Berger
We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …
Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit
Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit
Nancy Levit
This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Nancy Levit
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower
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
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.
Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag
Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag
Publications
In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …
Advocating For Our Future, Sarah J. Mirsky
Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse
Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse
NYLS Law Review
No abstract provided.
Now You See It Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard
Now You See It Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard
Journal Publications
This article asks the following question: should the average law professor, who works mightily to churn out a large journal article every two years or so, be penalized for relying heavily on Internet citations provided full and accurate credit is given to all sources? I believe that in order to attempt to answer this question, it is important to first examine the roots of scholarship in academia and revisit its original purpose and second, to discuss the rise of technology and the impact it has had on the academy. This article will eventually set out some guidelines for the use …
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
NYLS Law Review
No abstract provided.
Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti
Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti
NYLS Law Review
No abstract provided.
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
NYLS Law Review
No abstract provided.
13 Nationality And Citizenship In Cyprus Since 1945: Communal Citizenship, Gendered Nationality And The Adventures Of A Post-Colonial Subject In A Divided Country, Nicos Trimikliniotis
13 Nationality And Citizenship In Cyprus Since 1945: Communal Citizenship, Gendered Nationality And The Adventures Of A Post-Colonial Subject In A Divided Country, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper examines the issues relating to citizenship and nationality in Cyprus since 1945 from the colonial times to independence. It examines the historical context and evolution of citizenship in Cyprus and then it analyses the legal aspects of the modes of acquisition and loss of citizenship. Finally it looks at the current debates and the challenges of gender equality, migration, Europeanisation and reunification.
The Cypriot Roma And The Failure Of Education:Anti-Discrimination And Multiculturalism As A Post-Accession Challenge, Nicos Trimikliniotis
The Cypriot Roma And The Failure Of Education:Anti-Discrimination And Multiculturalism As A Post-Accession Challenge, Nicos Trimikliniotis
Nicos Trimikliniotis
This covers the period prior to 2008. At its outset, this study explores the general context of the Roma in Cyprus and their identity as Cypriot citizens, their legal classification, cultural identity and population concentration. It then examines the legal framework within which the Roma of Cyprus are educated by describing the provisions regarding access to education, as well as recent legislation transposing the anti-discrimination acquis. According to the Constitution of the Cyprus Republic, the vast majority of Roma are classified as belonging to the ‘Turkish community’ without a minority rights status and as such their access to education in …
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter argues that despite the post-colonial Zurich-London legacy and the flaws contained in the final version of the Annan Plan its central pillars provided the basis for a viable, workable and fair constitutional arrangement for both Greek Cypriots and Turkish Cypriots. The plan’s philosophy is in line with human rights conventions, UN resolutions, the EU Acquis and the High Level agreements of 1977 and 1979. It defines ‘a bizonal bicommunal federation with a single sovereignty, international personality and citizenship’. The alternative – the indefinite continuation of de facto partition, or a de jure partition, or a ‘return’ to a …
New Female Migration And Integration Related Policies In Cyprus [Co-Authored With Mihaela Fulias Souroulla], Nicos Trimikliniotis
New Female Migration And Integration Related Policies In Cyprus [Co-Authored With Mihaela Fulias Souroulla], Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter is a state of the art on the national context of Cyprus on the subject of integration and migration of mifgrant women. This is a rather problematic venture given that the literature available on the subject is mostly ‘international’ and as such we are forced to erect artificial ‘national’ or ‘state boundaries’ in order to confine the ambit of our work. Secondly, there is an inherent contextual problem relating to the de facto division of the country in which we are faced with the fact that Cyprus is a bi-communal and bilingual country, but due to budgetary reasons …
The Use And Abuse Of Undeclared And Unprotected Labour: Migration, Europeanisation And The Role Of Trade Unions, Nicos Trimikliniotis
The Use And Abuse Of Undeclared And Unprotected Labour: Migration, Europeanisation And The Role Of Trade Unions, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper considers the processes, the mechanisms and the social agency involved in what is a widespread phenomenon in Europe and the globe. The paper draws on experiences and knowledge from across Europe and beyond to illustrate the use and abuse of undeclared labour, particularly undocumented migrant labour within the process of European integration in order to consider ways to tackle it.
Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha
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
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
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.