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Das Virtudes Cívicas Clássicas Às Virtudes Pós-Modernas - Dos Tempos E Dos Modos, Paulo Ferreira da Cunha 2009 Universidade do Porto

Das Virtudes Cívicas Clássicas Às Virtudes Pós-Modernas - Dos Tempos E Dos Modos, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Ao mesmo tempo que importa recuperar, na nossa memória e na educação, os grandes exemplos dos virtuosos heróis e sábios da Antiguidade Clássica, que a deseducação tem olvidado, não se pode esquecer que o mundo pós-moderno em que vivemos requer de nós aptidões, virtualidades, posicionamentos diferentes. Não para caminharmos no sentido de todos os demais, mas para respondermos com valor aos reptos do presente. Este artigo procura conciliar, pois, o legado clássico das virtudes cívicas, com algumas propostas inspiradas em autores recentes (como Italo Calvino e Alain Finkielkraut) para o séc. XXI


Diversity Science: Why And How Difference Makes A Difference., V Plaut 2009 Berkeley Law

Diversity Science: Why And How Difference Makes A Difference., V Plaut

Victoria Plaut

This article proposes that addressing the complex ethnic and racial issues of the 21st century will require a diversity science. A diversity science will consider how people create, interpret, and maintain group differences among individuals, as well as the psychological and societal consequences of these distinctions. A diversity science will recognize that these significant social distinctions (in the case of this article, race and ethnicity) are not simply natural, neutral, or abstract. Instead they are created and recreated in the process of everyday social interactions that are grounded in historically derived ideas and beliefs about difference and in a set ...


Current Debates In Refugee Law: Analysing A Gender Based Claim: The Impact Of A New Interpretation Of Refugee Law And The Canadian Guidelines, Mary Ayad 2009 Macquarie University

Current Debates In Refugee Law: Analysing A Gender Based Claim: The Impact Of A New Interpretation Of Refugee Law And The Canadian Guidelines, Mary Ayad

Dr Mary B Ayad PhD

European Union member States, particularly those in the Mediterranean, must contend with refugee and asylum claims that impact female refugees and asylum seekers. In order to give justice to human rights protection, the author argues that claims by women and female children refugees must be viewed through the lens of gender. Although this is a debated issue, arguments on the side of gender are not only stronger, but are more in line with human rights protection. The current situation in the Mediterranean region necessitates looking at refugee claims with a critical eye to ‘culture’, ‘religion’ and ‘political opinion’, as well ...


Beyond Multilingualism. On Different Approaches To The Handling Of Diverging Language Versions Of A Community Law, Theodor Schilling 2009 Humboldt-Universitat zu Berlin - Humboldt University Berlin

Beyond Multilingualism. On Different Approaches To The Handling Of Diverging Language Versions Of A Community Law, Theodor Schilling

Theodor JR Schilling

This article deals with a problem created by the EU’s multilingualism, the fallibility of translators and the ruses of politicians: for different reasons, it is quite common that equally authentic language versions of a Community law have different meanings if taken on their own. While the ECJ’s uniform interpretation approach to this problem, which must be seen as required under the non-discrimination principle, has permitted equitable results in those cases decided by the ECJ, it would not be adequate for the simplest type of case, ie that a citizen has every reason to trust her own language version ...


The Anglo-American Perspective On Freezing Injunctions, masayuki tamaruya 2009 Rikkyo University

The Anglo-American Perspective On Freezing Injunctions, Masayuki Tamaruya

Masayuki Tamaruya

Freezing injunctions are pre-trial orders to restrain a defendant from dealing with his assets so as to forestall his attempt to frustrate the potential money judgment against him. Freezing injunctions have been adopted in most common law jurisdictions as an effective civil remedy to combat attempts by recalcitrant debtors or fraudsters to frustrate potential money judgments by use of ever faster methods of fund transfer. However, in Grupo Mexicano de Desarrollo SA v Alliance Bond Fund Inc, the US Supreme Court by a 5:4 judgment declared that the US District Court does not have the equitable jurisdiction to grant ...


The Topography And Geography Of U.S. Health Care Regulation, Thaddeus Pope 2009 Widener University - Delaware Campus

The Topography And Geography Of U.S. Health Care Regulation, Thaddeus Pope

Thaddeus Mason Pope

This is a book review of Health Care Regulation in America: Complexity, Confrontation, and Compromise by Robert I. Field (Oxford University Press, 2007).

On the front cover of Field’s new book, Health Care Regulation in America: Complexity, Confrontation, and Compromise, is a picture of a giant three-dimensional labyrinth. Rarely is cover art so perfectly appropriate. A maze is surely the image that best symbolizes the core objective of Field’s book: to provide readers a map and guidebook to the many interacting and overlapping private institutions and government agencies that regulate health care in America.

Like all primers, the ...


Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul Robinson, Michael Cahill, Daniel Bartels 2009 Brooklyn Law School

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul Robinson, Michael Cahill, Daniel Bartels

Michael T. Cahill

Blackmail, a wonderfully curious offense, is the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich literature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any ...


Signs Of Mothering And The Built Environment, Renee Cramer, Sarah Marusek 2009 Drake University

Signs Of Mothering And The Built Environment, Renee Cramer, Sarah Marusek

Sarah Marusek

No abstract provided.


A Note On The Nonclass Aggregation Trilogy, Elizabeth Burch 2009 University of Georgia School of Law

A Note On The Nonclass Aggregation Trilogy, Elizabeth Burch

Elizabeth Chamblee Burch

Litigating Together: Social, Moral, and Legal Obligations I have posted a draft of the last in a trilogy of articles on nonclass aggregation (on SSRN) and thought I would provide a brief retrospective for the interested reader. The first article in the trilogy is Procedural Justice in Nonclass Aggregation, which explains in-depth the problems and risks presented by nonclass aggregation. It observes that systemic legitimacy and compliance with judicial decisions hinges on ensuring procedural justice, but that our current system for handling large-scale litigation fails to provide a number of key procedural-justice components including the preference for adversarial litigation, participation ...


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice Batlan 2009 Chicago-Kent College of Law

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice Batlan

Felice J Batlan

No abstract provided.


Pedagogical Strategies For Teaching Moral Minimalism, Richard McGowan, Matthew McGowan, Garret McGowan 2009 Butler University

Pedagogical Strategies For Teaching Moral Minimalism, Richard Mcgowan, Matthew Mcgowan, Garret Mcgowan

Richard McGowan

College of BusinessIn 1986, Stephen Satris’s article, Student Relativism, meant to offer analysis of, and suggest some methods for dealing with, a quite particular and peculiar problem in teaching philosophy…I speak of the problem of student relativism. (Satris, 1986, p. 193) The problem has not gone away. However, psychological research suggests that the problem of relativism, a problem especially critical for teaching business ethics (or any other class in applied philosophy) is not insolvable. This paper, extending earlier work by R. McGowan, provides a brief account of research by Lawrence Kohlberg and William Perry on the structure of ...


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

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

Rafael Mafei Rabelo Queiroz

No abstract provided.


Individualism Submerged: Climate Change And The Perils Of An Engineered Environment, Juliet Stumpf, Daniel Chepaitis, Andrea Panagakis 2009 Lewis & Clark Law School

Individualism Submerged: Climate Change And The Perils Of An Engineered Environment, Juliet Stumpf, Daniel Chepaitis, Andrea Panagakis

Juliet P Stumpf

Current approaches to addressing the negative impacts of climate change rely on collective capabilities. Welfare economics and contractualism, the two conventional perspectives that dominate the debate, support the pursuit of adaptive strategies such as large-scale geoengineering projects to reduce solar radiation or ameliorate sea-water inundation. In place of returning greenhouse gas emissions to natural levels, these approaches put the global climate system and compensation for losses resulting from climate change under the control of some group of fellow humans. In other words, they privilege mechanisms that increase each individual=s dependence on a collective decisionmaker and decrease the individual=s ...


An Educational Partnership Model For Establishing, Structuring, And Implementing A Successful Corporate Counsel Externship, Carl Circo 2009 University of Arkansas, Fayetteville

An Educational Partnership Model For Establishing, Structuring, And Implementing A Successful Corporate Counsel Externship, Carl Circo

Carl J. Circo

This article explores what the author has learned from developing and supervising an externship program that places students in the legal departments of major corporations. Externship placements in corporate legal departments provide unique opportunities for law schools to integrate into the curriculum the core practice competencies that are essential for commercial and business lawyers but that are rarely taught in an experiential setting. The article proposes an educational partnership model to establish, structure, and implement a corporate counsel externship. This approach advocates a carefully orchestrated collaboration between the faculty who administer the program for the school and the lawyers who ...


Sustaining Transparency?: Journalists, Government Officials, And The Minnesota Data Practices Act, Zac Farber, Hannah Johnson, Patrick Schmidt, Robert Woo 2009 Macalester College

Sustaining Transparency?: Journalists, Government Officials, And The Minnesota Data Practices Act, Zac Farber, Hannah Johnson, Patrick Schmidt, Robert Woo

Patrick Schmidt

No abstract provided.


Struck By Lightning: Walker V. Georgia And Louisiana's Proportionality Review Of Death Sentences, Robert Smith, Bidish Sarma, G. Cohen 2009 University of North Carolina at Chapel Hill

Struck By Lightning: Walker V. Georgia And Louisiana's Proportionality Review Of Death Sentences, Robert Smith, Bidish Sarma, G. Cohen

Robert J Smith

The Louisiana Supreme Court conducts a comparative case proportionality review of each Louisiana death sentence to ensure that the punishment is not excessive considering both the crime and the criminal. The Court underscores that the federal constitution does not compel its practice. This article questions the Louisiana Supreme Court’s understanding of the Constitution and demonstrates that its proportionality review is constitutionally insufficient.


Study On Development Of Global Community From Legal Perspectiv.Pdf, Sung-Soo Han 2009 Lee & Han International

Study On Development Of Global Community From Legal Perspectiv.Pdf, Sung-Soo Han

Sung-Soo Han


This article was published by the International Law and Management Review in the winter of the year 2010.


When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua Fershee 2009 University of North Dakota

When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua Fershee

Joshua P Fershee

This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or the lack of such opportunities). The review finds little shocking in the way of politics: Democratic states tend to favor mandates and Republican states tend not to have mandates. Somewhat surprisingly, the correlations among states with wind and solar resources (as well as most of the demographic data) ranged from limited to inconclusive. In religion, however, a strong trend developed. The states with higher Catholic populations ...


Patent Challenges And Royalty Inflation, Michael Risch 2009 Villanova University School of Law

Patent Challenges And Royalty Inflation, Michael Risch

Michael Risch

Eliminating bad patents is supposed to be a good thing, and so federal law allows any interested party to challenge a patent's validity almost any time. But the law goes a step further than merely conferring broad challenge rights. It also makes them nearly impossible to contract away. Instead, federal law voids any agreement not to challenge a patent. While a contract ordinarily signifies a final resolution of all issues covered by its terms, no such peace exists in patent licensing. This inalienability of patent challenge rights comes at a cost, a cost borne by many patent licensees and ...


Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar 2009 University of Navarra

Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.


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