Social and Behavioral Sciences 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.

Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne

Péter Cserne

No abstract provided.

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 …

Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Erica Gorga

Cornell Law Faculty Working Papers

This paper analyzes micro-level dynamics of changes in ownership structures. It investigates a unique event: changes in ownership patterns currently taking place in Brazil. It builds upon empirical evidence to advance theoretical understanding of how and why concentrated ownership structures can change towards dispersed ownership.

Commentators argue that the Brazilian capital markets are finally taking off. The number of listed companies and IPOs in the Sao Paulo Stock Exchange (Bovespa) has greatly increased. Firms are migrating to Bovespa’s special listing segments, which require higher standards of corporate governance. Companies have sold control in the market, and the stock market has …

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 …

The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Publications

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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 …

Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine

Daniel H. Erskine

This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella

Analia Marsella Sende

In this Essay, I explain the role and impact of transnational corporations in the process of development and implementation of economic and social rights at a global scale and identify the solutions that I regard as plausible. I do so from an international human rights perspective that integrates both the legal and non-legal approaches. I concentrate on the international aspects of legalization, adjudication, and policy making. First, I analyze social and economic rights in the current context, the old and most recent understandings, and the challenges posed by the phenomenon of globalization together with the rising of corporations in the …

Undressing Difference: The Hijab In The West, Anita L. Allen

All Faculty Scholarship

On March 15, 2006, French President Jacques Chirac signed into law an amendment to his country’s education statute, banning the wearing of "conspicuous" signs of religious affiliation in public schools. Prohibited items included "a large cross, a veil, or skullcap." The ban was expressly introduced by lawmakers as an application of the principle of government neutrality, "du principe de laïcité." Opponents of the law viewed it primarily as an intolerant assault against the hijab, a head and neck wrap worn by many Muslim women around the world. In Politics of the Veil, Professor Joan Wallach Scott …

The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty

Faculty Scholarship

The rule of law depends on a working separation of powers and transparency and accountability in government. If information is power, the ability of one branch of government to control information represents the ability to control federal legislation, policy, and decision-making. The Framers of the United States Constitution developed the Madisonian model of separated powers and functions, and a system of checks and balances to maintain those separations, with this in mind. History has shown a progressive shift of the power to control information toward the executive branch and away from the Legislature. Particularly when unified, one-party government precludes effective …

Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber

All Faculty Scholarship

China has been considering enactment of an anti-monopoly (antitrust) law since 1993, and it has now enacted such a law. Given the potential importance of this legislation, there is much uncertainty about what the enactment means and what roles it is likely to play in influencing the development of the Chinese economy. This article applies a neo-institutionalist analysis in examining some of the factors that have influenced the shaping of the legislation and that are likely to influence the operation of competition law and its organizations. The main argument is that the central dynamic in both the creation of the …

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …

Racial Formation In Quebec: A Legal Retospective, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article shall use the experience of the Quebecois in Canada to survey the linkage between cultural formation and race in Quebecois racial identity, and then map out these linkages and their relations to the political and legal discourse that has emerged in Canada on the place of the Quebecois in the country. Cultural formation and racial formation are unmistakably linked. Specific social and linguistic separatism can over time crystallize into racial formation, especially if aided by official government recognition and legal codification. As this Article shall demonstrate, the verification of this idea can be clearly seen the experience of …

The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa

Journal Articles

No abstract provided.

Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi

Articles

There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …

Book Review Of 'Havens In A Storm: The Struggle For Global Tax Regulation', Anthony C. Infanti

Articles

This short essay is a review of J.C. Sharman's book Havens in a Storm: The Struggle for Global Tax Regulation. In the essay, I first provide a brief overview of Sharman's book, which approaches the Organisation for Economic Co-operation and Development's struggle with tax havens over harmful tax competition from a political science perspective. I then describe how the book (and, by extension, this review) will be of interest not only to those in the fields of international tax and international relations, but also to those concerned more generally with the dynamics of struggles between the powerful and the weak. …

Varieties Of Employee Ownership: Some Unintended Consequences Of Corporate Law And Labor Law, Aditi Bagchi

All Faculty Scholarship

Theories of employee ownership implicitly assume that its essential features are the same in all countries. In fact, employee ownership varies considerably across institutional environments. In this paper, I compare its development in the United States, Germany, and Sweden to show that the institutional background - in particular, the existing bodies of corporate and labor law - against which a program of employee ownership arises determines its course. Background institutions determine the cost of worker control over management, the cost of collective decision-making, and the expected gains from risk-bearing. Those consequences of corporate and labor law in turn determine whether …

Codes And Hypertext: The Intertextuality Of International And Comparative Law, Marylin J. Raisch

Georgetown Law Faculty Publications and Other Works

The field of information studies reveals gaps in the literature of international and comparative law as part of interdisciplinary and textual studies. To illustrate the kind of theoretical and text-based work that could be done, this essay provides an example of such a study. Religious law texts, civil law codes, treaties and constitutional texts may provide a means to reveal the nature of hypertext as the new format for commentary. Margins used to be used for commentary, and now this can be done with hypertext and links in footnotes. Scholarly communication in general is now intertextual, and texts derive value …

Progressive Era, Richard Adelstein

Richard Adelstein

A short interpretive summary of the period 1890 - 1914.

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 …

Le Conseil Constitutionnel Et La Transformation De La République, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The Constitutional Council And The Transformation Of The Republic, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

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. …

Da Constituição Antiga À Constituição Moderna. República E Virtude, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Virtude e República necessariamente têm de levar-nos à Antiguidade: desde logo porque a primeira “começa” com a helénica "areté". Logo, é preciso ir, antes de mais, à Grécia Antiga, e especialmente ao legado ateniense. “Directly or indirectly, Athenian democracy as an extraordinary experiment in social history thus stimulates our own thinking about crucial issues of our own democracy and society, incomparably more complex though they are. The point is precisely that the ancients help us focus on the essentials" - como afirma Kurt A. Raaflaub.

Uma Filosofia Constitucional Comum (Luso-Brasileira), Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Onde melhor se pode aquilatar de uma filosofia constitucional? Além do cunho da constitução, que já vimos ser liberal na fórmula política (porque moderna ecodificada) e social na social, cultural e económica, o que mais exprime uma filosofia constitucional é a ética constitucional, e, antes de mais, são os valores. A Constituição cidadão brasileira e a Constituição portuguesa de 1976 comungam, em grande medida, dos meus valores de liberdade, igualdade, justiça, e outros, progressivos e de cidadania.