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531 full-text articles. Page 1 of 9.

Constructos Teóricos En Economía Común Informática, Rodrigo Lopez-Pablos 2015 Universidad Nacional de La Matanza

Constructos Teóricos En Economía Común Informática, Rodrigo Lopez-Pablos

Lopez-Pablos, Rodrigo

Repasando elementos de economía comunitaria, solidaría y de la información, se construyen abstracciones teóricas fundamentales en una proto-explicación del rol de la información y el tiempo en la explicación del hecho económico digital y convencional. Infoagregadamente, se sitúa a la emisión informacional como expresión ontológica micro y macroinformática individual y colectiva del ser: el aseguramiento de la infodiversidad civilizatoria generacional; luego, se argumenta sobre la falacia filosófica computacional cognoscitiva detrás de una presunción teórica conceptual equivocada en el estudio y aplicación de lógicas artificiales: su potencial real para la generación de conocimiento híbrido y la creación de conocimiento sin precedentes ...


“Nede Hath No Law”: The State Of Exception In Gower And Langland, Conrad J. van Dijk 2015 Concordia University of Edmonton

“Nede Hath No Law”: The State Of Exception In Gower And Langland, Conrad J. Van Dijk

Accessus

This article discusses the use of the legal maxim necessity knows no law in the works of William Langland and John Gower. Whereas Langland’s usage has stirred up great controversy, Gower’s unique application of the canon law adage has received hardly any attention. On the surface, it is difficult to think of two authors less alike, and the way in which they relate the concept of necessity to different subjects (the poverty debate, fin amour) seems to support that feeling. Yet this article argues that reading Langland and Gower side by side is mutually illuminating. Specifically, this article ...


Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs 2015 Rutgers University - Camden

Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs

Indiana Law Journal

This Article employs William Eskridge and John Ferejohn’s theory of superstatutes as a tool to argue that administrative common law that contradicts or ignores the Administrative Procedure Act (APA) is illegitimate. Eskridge and Ferejohn conceive of statutes that emerge from a lengthy, public debate and take on great normative weight over time as “superstatutes.” Superstatute theory highlights the deficiency in deliberation about the meaning of the APA. The APA bears all the hallmarks of a superstatute. Unlike the typical federal superstatute, however, the APA is not administered by a single agency. Thus, to respect and encourage the civic-republican style ...


Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles 2015 University of Georgia School of Law

Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles

Georgia Journal of International & Comparative Law

No abstract provided.


The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling 2015 University of Georgia School of Law

The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling

Georgia Journal of International & Comparative Law

No abstract provided.


The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy 2015 University of Georgia School of Law

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward 2015 University of Georgia School of Law

Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward

Georgia Journal of International & Comparative Law

No abstract provided.


Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky 2015 Touro College Jacob D. Fuchsberg Law Center

Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston 2015 Touro College Jacob D. Fuchsberg Law Center

Procedural And Structural Obstacles In Challenging Aspects Of The Criminal Justice System, John Boston

Touro Law Review

No abstract provided.


R V Fearon Case Commentary, Western Journal of Legal Studies Editorial Board 2015 Western University

R V Fearon Case Commentary, Western Journal Of Legal Studies Editorial Board

Western Journal of Legal Studies

The widespread use of smart phones and similar devices for data management has created significant constitutional and criminal law issues. This is evident in the context of protection by the Charter with respect to unreasonable search and seizure. When an individual’s section 8 rights are breached, an assessment of the admissibility of evidence under section 24(2) of the Charter is required. In R v Fearon, the Supreme Court of Canada established new limits on the police power to search cell phones and similar devices incident to arrest. Cromwell J stated that these measures do not “represent the only ...


Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis 2015 Brown and Partners LLP and Osgoode Hall Law School

Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis

Western Journal of Legal Studies

Creating a comprehensive code of negotiation ethics for lawyers is a contentious issue. The Law Society of Upper Canada’s Rules of Professional Conduct currently offers little guidance regarding appropriate behaviour of lawyers during negotiations. Detractors argue that the negotiation process is too complex and fluid to be codified. This criticism is not fatal to the case for a code of negotiation ethics. Lawyers have moral and ethical standards within the profession and responsibilities to the public as conduits to legal remedies. This paper argues a code of legal ethics is necessary to uphold these standards. Such a framework should ...


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


Deconstructing Infanticide, Eric Vallillee 2015 University of Ottawa

Deconstructing Infanticide, Eric Vallillee

Western Journal of Legal Studies

The offence of infanticide is allegedly based in debunked and sexist ideas about women and pregnancy. This article demonstrates that this offence is both necessary and beneficial regardless of its alleged basis. This article outlines the elements of infanticide and examines the legislative history from Medieval England to its adoption in Canada before discussing contemporary discourses on infanticide with a particular focus on the application of modern medical science. This work argues there are two issues with the current offence: (1) the requirement of a “disturbed mind” in the accused resulting from childbirth or lactation; and (2) the lack of ...


Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud 2015 Wabash College

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how ...


Police Racism, Sam Prey 2015 Omaha North High Magnet School

Police Racism, Sam Prey

Nebraska College Preparatory Academy Senior Capstone Projects

The Police Force is a respected service that keeps our streets safe but their power of enforcing the law could be and has been abused and has caused a lot of controversy between people of different ethnic backgrounds. This is important because rights have been violated and in this modern age these cases shouldn’t occur at all. There is a lot of informaLon about cases where people have been mistreated or abused excessively for a crime that could have been handled differently and lives would not have been lost.


The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie 2015 Marquette University Law School

The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie

Marquette Law Review

There are increasing tensions between the First Amendment and the common law torts of intentional infliction of emotional distress, defamation, and privacy. This Article discusses the conflicting interactions among the three models that are competing for primacy as the tort law governing expressive activities evolves to accommodate the requirements of the First Amendment. At one extreme there is the model that expression containing information which has been lawfully obtained that contains neither intentional falsehoods nor incitements to immediate violence can only be sanctioned in narrowly defined exceptional circumstances, even if that expression involves matters that are universally regarded as being ...


Installation Failure: How The Predominant Purpose Test Has Perpetuated Software’S Uncertain Legal Status Under The Uniform Commercial Code, Spencer Gottlieb 2015 University of Michigan Law School

Installation Failure: How The Predominant Purpose Test Has Perpetuated Software’S Uncertain Legal Status Under The Uniform Commercial Code, Spencer Gottlieb

Michigan Law Review

Courts have struggled to uniformly classify software as a good or a service and have consequently failed to apply a consistent body of law in that domain. Instead, courts have relied on the predominant purpose test to determine whether the Uniform Commercial Code (“UCC”) or common law should apply to a given software contract. This test, designed for traditional goods and services that do not share software’s complexity or rapid advancement, has perpetuated the uncertainty surrounding software’s legal status. This Note proposes that courts adopt the substantial software test as an alternative to the predominant purpose test. Under ...


Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin 2015 Pepperdine University

Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin

Pepperdine Law Review

In this article, the author discusses the ways such as common law, and contracts employed by religious systems for navigating their relationship with legal systems of secular states. Topics discussed include the role of religious contracts in helping religious systems negotiate with secularism, the role of religious contracts in protecting autonomy of religious systems, and the structure of marriage and divorce in Jewish law.


Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn 2015 University of Western Ontario

Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn

Western Journal of Legal Studies

The pre-digital marketplace is no longer sustainable. With the imposition of digital rights management restrictions on the distribution of media, the Internet cannot promote intellectual freedom. Peer-to-peer file sharing technology helps expose the work of artists and authors to a much wider audience than previously possible. This provides an opportunity for more sales and a greater number of successful artists and authors. Yet corporate copyright owners continue to propagate the “piracy” label to discredit the idea of open access channels. This paper argues that as information professionals, librarians are in a position to promote policy change that revolutionizes the political ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


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