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Articles 1 - 16 of 16
Full-Text Articles in Legal Writing and Research
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Thiago Luís Santos Sombra
With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Castle Doctrine And Cohabitants: A Selective, Annotated Bibliography, Luis Debonopaula
Castle Doctrine And Cohabitants: A Selective, Annotated Bibliography, Luis Debonopaula
Luis deBonoPaula
No abstract provided.
Enigma: A Variation On The Theme Of Legal Writing's Place In Contemporary Legal Education, Ian Gallacher
Enigma: A Variation On The Theme Of Legal Writing's Place In Contemporary Legal Education, Ian Gallacher
Ian Gallacher
No abstract provided.
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
The Metacognitive Imperative, Paul D. Callister
The Metacognitive Imperative, Paul D. Callister
Paul D. Callister
This book chapter elucidates why metacognition is a seminal pedagogical principle of legal research instruction and information literacy. This begins with a holistic definition of metacognition as the ability to assess, not only the result of a research activity, but the schemata, including the processes leading to the result; and then relating this to other concepts and principles applicable to legal education. It then explains why students’ development of metacognitive abilities is an imperative to legal information literacy and other signature pedagogies currently under development. The relationship of metacognition to the pedagogical underpinnings and objectives of the Carnegie Report is …
Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor
Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor
Michael A. Zuckerman
No abstract provided.
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Now over 36 years old, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond. Over the past thirty-six years NACD has grown from a mere realization of the importance of corporate governance to become the only national membership …
A Beautiful Life: Some Lessons For Legal Scholars, F.E. Guerra-Pujol
A Beautiful Life: Some Lessons For Legal Scholars, F.E. Guerra-Pujol
F.E. Guerra-Pujol
The author reviews Jeremy Adelman's biography of Albert O. Hirschman (Adelman, Worldly Philosopher: The Odyssey of Albert O. Hirschman, Princeton University Press, 2013). In particular, the author considers three episodes in Hirschman's life that not only expose the secret life of the scholar but also offer important lessons about law and legal scholarship generally.
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer
Joe Custer
This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.
Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister
Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister
Paul D. Callister
The difference between expert and novice problem-solvers is that experts have organized their thinking into schemata or mental constructs to both see and solve problems. This article demonstrates why schemata are important, arguing that schemata need to be made explicit in the classroom. It illustrates the use of schemata to understand and categorize complex research problems, map the terrain of legal research resources, match appropriate resources to types of problems, and work through the legal research process. The article concludes by calling upon librarians and research instructors to produce additional schemata and develop a common hierarchical taxonomy of skills, a …
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Joel Fishman
This article celebrates forty years of publication of the Duquesne Law Review.
The Digests Of Pennsylvania, Joel Fishman
The Digests Of Pennsylvania, Joel Fishman
Joel Fishman
Pennsylvania has one of the largest collections of case law for which digests serve as an important research tool.
The Reports Of The Supreme Court Of Pennsylvania, Joel Fishman
The Reports Of The Supreme Court Of Pennsylvania, Joel Fishman
Joel Fishman
This article reviews the history of the court reports of the Pennsylvania Supreme Court from mid-eighteenth century to present along with a bibliography of the reports.
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
Joel Fishman
This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.