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Artigo Científico: Concepção, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz 2009 University of São Paulo, Law School

Artigo Científico: Concepção, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

No abstract provided.


Conquering The Common Law Hydra: A Probably Correct And Reasonable Overview Of Current Standards Of Appellate And Judicial Review, Mike Madden 2009 Dalhousie University

Conquering The Common Law Hydra: A Probably Correct And Reasonable Overview Of Current Standards Of Appellate And Judicial Review, Mike Madden

Mike Madden

Just as Hercules eventually conquered the Hydra by using a firebrand to cauterize the beast’s neck stumps immediately after he severed each of its heads, this work will (much less heroically) endeavor to conquer the common law equivalent of the Hydra by describing and explaining the application of the only two remaining standards of appellate and judicial review in Canada: reasonableness and correctness. Part II summarizes the various policy concerns that animate the interventionist and deferentialist perspectives toward judicial and appellate review throughout the Western world, in order to frame the ensuing discussion of the law in Canada. Part ...


Virtude Da Constituição E Virtudes Republicanas, Paulo Ferreira da Cunha 2009 Universidade do Porto

Virtude Da Constituição E Virtudes Republicanas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A virtude da Constituição é a sua essência e função. E a Constituição tem sempre uma virtude liberal-democrática, apesar de tudo. Conra tudo e contra todos, apesar por vezes mesmo de si própria e das intenções dos seus autores... Depois do “retorno” dos valores à política e ao Direito Constitucional, é a vez da volta das virtudes à discussão, designadamente pela via da ética constitucional ou republicana, de novo na ordem do dia em muitos países. Quais serão, então, as principais virtudes juspolíticas, constitucionais, ou republicanas? O presente artigo intenta também uma proposta de virtudes republicanas concretas para o nosso ...


Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano 2009 Junior researcher/Fellow assistant of the University of Murcia

Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano

Germán M. Teruel Lozano

GENERAL NOTES ABOUT THE FREEDOM OF SPEECH IN INTERNET: This paper presents an overview of how Internet has revolutionized the setting of freedom of speech. In particular, it is focused in to main aspects: On one hand, the delimitation of freedom of expression in the new media, differentiating in particular between web pages dedicated to the dissemination of information, protected by the freedom of speech; and those that are intended to provide other telematics services, which should not have this protection. Secondly, it is also studied the legal status of this freedom when it is exercised through Internet.


Judicial Empathy's Threat To Human Dignity, Adam MacLeod 2009 Faulkner University

Judicial Empathy's Threat To Human Dignity, Adam Macleod

Adam MacLeod

Empathy is the new coverture.

President Obama’s well-known call for empathy in our Nation’s judgments would empower courts to advance the interests of certain classes over others, without waiting for legislative bodies and other policy makers to reform those areas of the law that most affect minorities and the poor, and to reform them on equally-applicable grounds, which are neutral as to class and affluence. Like the common law doctrine of coverture, this proposal demeans an entire class of people. It denies the (1) moral responsibility and (2) practical rationality of poor people, and is thus inconsistent with ...


El Canon Neoconstitucional, Leonardo García Jaramillo 2009 Universidad EAFIT-Departamento de Humanidades

El Canon Neoconstitucional, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer 2009 Cleveland State University College of Law

Golem, "Gollum", Gone: The Missing Ideals Of The Legal Profession, David Barnhizer

David Barnhizer

The golem is the mud and stick figure of folklore created to protect Jews from the abuses of Hungarian society in the 16th Century. But ultimately the powerful creature had to be destroyed because it lacked a soul and had no moral core to regulate its behavior and became a danger to those it was constructed to protect. Most people may be more familiar with the concept of the golem than they realize. In J. R. R. Tolkien’s book, The Hobbit, and the subsequent Ring Trilogy, the sad creature who relentlessly pursued Frodo to recover his “Precious” ring of ...


Procreation, Harm, And The Constitution, Carter Dillard 2009 Emory University

Procreation, Harm, And The Constitution, Carter Dillard

Carter Dillard

This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?

These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what ...


A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam MacLeod 2009 Faulkner University

A Non-Fatal Collision: Interpreting Rluipa Where Religious Land Uses And Community Interests Meet, Adam Macleod

Adam MacLeod

Despite enjoying bipartisan support in Congress and passing by an overwhelming majority, RLUIPA, and particularly the “substantial burden” provision of section 2(a), has generated signifi cant controversy since its passage nine years ago. Section 2(a) subjects to strict scrutiny any land use regulation that substantially burdens religious exercise. It is a prophylactic measure. It creates a new category of prohibited state action—substantially burdening religious land use without a compelling reason for doing so—in order to prevent discrimination against religious groups. Of course, before RLUIPA, the Free Exercise Clause of the First Amendment prohibited religious discrimination; though ...


“El Reglamento N° 261/2004 Sobre Asistencia Y Compensación De Los Pasajeros Aéreos: El Tjce Clarifica ('Ma Non Troppo') Los Conceptos De Retraso Y Cancelación De Un Vuelo”, Luis González Vaqué 2009 Asociación Iberoamericana para el Dereho Alimentario

“El Reglamento N° 261/2004 Sobre Asistencia Y Compensación De Los Pasajeros Aéreos: El Tjce Clarifica ('Ma Non Troppo') Los Conceptos De Retraso Y Cancelación De Un Vuelo”, Luis González Vaqué

Luis González Vaqué

No abstract provided.


Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer 2009 Temple University School of Law

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views ...


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