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Árbol Genealógico Del Consejo De Estado: El Constitucionalismo Autoritario En Nuestra Historia, Fernando Muñoz 2009 Universidad Austral de Chile

Árbol Genealógico Del Consejo De Estado: El Constitucionalismo Autoritario En Nuestra Historia, Fernando Muñoz

Fernando Muñoz

An appeal to prestige and experience creates a historical continuity between various institutions: the Royal Audiencia, the Council of State, and the “institutional” and for-life senators. This work focuses on the discourse that articulates and unifies these various institutional forms throughout Chilean history, suggesting a context for the study of Chilean constitutional authoritarianism.


Indexing And Full-Text Coverage Of Law Review Articles In Non-Legal Databases: An Initial Study, Mikhail Koulikov 2009 New York Law Institute

Indexing And Full-Text Coverage Of Law Review Articles In Non-Legal Databases: An Initial Study, Mikhail Koulikov

Mikhail Koulikov

Mr. Koulikov examines the level of coverage that articles originally published in law reviews receive in eight major general academic databases. His findings are very similar to those of other discipline-specific database coverage studies, and reveal that coverage varies widely by database, regardless of the database’s claim to cover legal periodicals. This has particular implications for the level of engagement that nonlegal scholars have with the literature of the legal academia, and for the potential for meaningful interaction between legal scholars and their peers in other academic fields.

[This is a revision of the winning submission to the 2009 ...


Sex And The City: Female Leaders And Spending On Social Welfare Programs In U.S. Municipalities, Mirya R. Holman 2009 Florida Atlantic University

Sex And The City: Female Leaders And Spending On Social Welfare Programs In U.S. Municipalities, Mirya R. Holman

Mirya R Holman

Scholars of urban politics have long argued that cities will shy away from extensive funding of social welfare programs, as fiscal realities make developmental policies far more attractive. Despite the arguments against municipal level funding of social welfare services, cities provide these programs. Why? One possible explanation is that local officials prefer funding welfare programs. The research presented here demonstrates that the gender composition of local elected bodies impacts the provision of welfare services. The presence of a female mayor has a large positive effect on the likelihood a city participates in funding welfare programs and the amount of monetary ...


Stop Taking The Bait: The Dilution Of Miranda Does Not Make America Safer From Terrorism, Ryan T. Williams 2009 California Western School of Law

Stop Taking The Bait: The Dilution Of Miranda Does Not Make America Safer From Terrorism, Ryan T. Williams

Ryan T. Williams

On December 25, 2009, a Nigerian tried to blow up a plane over Detroit, Michigan. On May 1, 2010, an American tried to set off explosives in New York's Times Square. Neither man succeeded. After both arrests, lawmakers clamored for more flexibility to interrogate terror suspects and for the suspension (if not elimination) of their Miranda rights. The Supreme Court subsequently decided three cases that severely dilute Miranda protections and Fifth Amendment rights. An examination of these decisions reveals that they fail to make America safer from terrorism.

Worse still, the dilution of American citizens' rights sends a dangerous ...


Yearbook On International Investment Law And Policy, 2009-2010, 2009 Selected Works

Yearbook On International Investment Law And Policy, 2009-2010

Karl P. Sauvant

The 2009/2010 edition of Investment Yearbook addresses such issues as investment flows, trends in international investment agreements, treaty-based arbitration cases, the procedural side, and ICSID.
The edition includes articles by Persephone Economou and Karl P. Sauvant; Peter Muchlinski; Ian A. Laird, Borzu Sabahi, Fédéric G. Sourgens, and Sobia Haque; Erlend Bakken and Tonje P. Gormley; Emmanuelle Cabrol; Jarrod Wong and Jackson Yackee; Carolyn B. Lamm, Chiara Giorgetti and Hansel T. Pham; Maria Vicien-Milburn and Andreeva; Lee Caplan; Armand de Mestral; Christopher S. Gibson; Louis T. Wells; Anne van Aaken and Jürgen Kurtz; Lauge Skovgaard Poulsen; Jeswald W. Salacuse; and ...


El Proyecto Derecho Administrativo Global: Una Reseña Desde Brasil, Michelle R. Sanchez-Badin Mrs. 2009 Escola de Direito de São Paulo da Fundação Getulio Vargas

El Proyecto Derecho Administrativo Global: Una Reseña Desde Brasil, Michelle R. Sanchez-Badin Mrs.

Michelle R Sanchez-Badin Mrs.

Este artículo pretende hacer una introducción sobre el proyecto del Derecho Administrativo Global (GAL) y abordar algunas ideas sobre las posibilidades del diálogo que se ha establecido entre este proyecto y académicos de latinoamericanos, con especial énfasis en el contexto brasileño. Sobre esta base, el objetivo es mejorar la comprensión de la situación actual del debate GAL en América Latina, así como brindar una mejor comprensión sobre la contribución que la región puede hacer al análisis GAL, tanto en términos de casos empíricos como de producción académica en la región y/o en Brasil.


Seeing The State: Transparency As Metaphor, Mark Fenster 2009 University of Florida

Seeing The State: Transparency As Metaphor, Mark Fenster

Mark Fenster

When applied as a public administrative norm, the term and concept “transparency” has two intertwined meanings. First, it refers to those constitutional and legislative tools that require the government to disclose information in order to inform the public and create a more accountable, responsive state. Second, it is frequently used metaphorically to recognize and decry the distance between the public and the state, and to call for efforts to make the state thoroughly and constantly visible to the public. This article considers the implications of the latter meaning, and that meaning’s effect on efforts to develop and implement the ...


The Surprising Norwood Beveridge, Paula J. Dalley 2009 Oklahoma City University School of Law

The Surprising Norwood Beveridge, Paula J. Dalley

Paula J. Dalley

No abstract provided.


Finding Footing In A Postmodern Conception Of Law, Bryan H. Druzin 2009 King's College London

Finding Footing In A Postmodern Conception Of Law, Bryan H. Druzin

Bryan H. Druzin

The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational ...


Law Without The State: The Theory Of High Engagement And The Emergence Of Spontaneous Legal Order Within Commercial Systems, Bryan H. Druzin 2009 King's College London

Law Without The State: The Theory Of High Engagement And The Emergence Of Spontaneous Legal Order Within Commercial Systems, Bryan H. Druzin

Bryan H. Druzin

This paper examines the idea that commercial law has the capacity to evolve spontaneously in the absence of a clear state authority because of its unique nature. I argue that the manner of interaction implied by commerce plays a crucial role in this ability as it involves a high degree of overall engagement. This I term “high engagement,” which I divide into two elements: repetition and the creation of clear cycles of interaction. Together they produce identifiable legal norms and subsequent compliance. Game theorists have long recognized the importance of repeated interaction in inducing cooperation; however, how the manner of ...


Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson 2009 University of Helsinki

Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson

Siegfried Van Duffel

Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder 2009 William Mitchell College of Law

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for ...


Must, Should, Shall, Steven S. Gensler 2009 University of Oklahoma Norman Campus

Must, Should, Shall, Steven S. Gensler

Steven S. Gensler

No abstract provided.


Teoría De Las Medidas Autosatisfactivas. Una Aproximación Desde La Teoría General Del Proceso, José Balcázar Quiroz 2009 Pontificia Universidad Católica del Perú

Teoría De Las Medidas Autosatisfactivas. Una Aproximación Desde La Teoría General Del Proceso, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.


The Legal Construction Of Racial Discrimination In Mexico - Celebrating 200 Years Of Independence?, Edgardo Munoz 2009 Panamericana University

The Legal Construction Of Racial Discrimination In Mexico - Celebrating 200 Years Of Independence?, Edgardo Munoz

Edgardo Muñoz

In this note, I examine the legal construction of racial discrimination in Mexico, the approaches to legal theory which help us understand it, and the role of the UN Committee on the Elimination of Racial Discrimination. Until the end of the 20th century, the situation in Mexico was characterized by a denial or a trivialization of racial discrimination in legal institutions and society. In recent years, the Mexican government has taken actions to deconstruct the principles upon which racial discrimination was legally based. The case of Mexico directly assists in understanding post colonial racial discrimination in Latin America


Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz 2009 Universidad Panamericana, Guadalajara

Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz

Edgardo Muñoz

Modern practice shows that the most efficient remedies for breach of contract are still those that avoid the unnecessary transfer of assets among the parties. Thus, for example, the right to withhold performance protects one party from incurring unnecessary loss caused by performing his own obligation without receiving the counter-performance from the other party, likewise, the right to avoid the contract, even before the time of performance, if it becomes apparent that one of the parties will not duly fulfil his obligations, prevents expenses in an unnecessary continuation of a contract. As these remedies evidently oppose the core pacta sun ...


Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz 2009 Universidad Panamericana, Guadalajara

Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.


Fred Schwartz, An Ocu Original, Paula J. Dalley 2009 Oklahoma City University School of Law

Fred Schwartz, An Ocu Original, Paula J. Dalley

Paula J. Dalley

No abstract provided.


Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers 2009 Drexel University School of Law

Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers

Amy L. Landers

Patent law is intended to promote the creativity of scientists and engi-neers. The system recognizes that the work of the individual is the engine that ultimately increases the state of scientific knowledge. As economist Paul Romer recognized, “Technological advance comes from things that people do.” Furthering creativity represents the constitutional, theoretical and doc-trinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and pro-poses how patent law can formulate a legal conception of creativity.

To undertake this ...


Patent Valuation Theory And The Economics Of Improvement, Amy L. Landers 2009 Drexel University School of Law

Patent Valuation Theory And The Economics Of Improvement, Amy L. Landers

Amy L. Landers

In her response to Professor Golden's Principles of Patent Remedies, Professor Landers identifies three threads that underlie the debate on patent remedies. First, patent value may be difficult to define because of certain indeterminacies. Second, economic and technological contingencies may distort the amounts paid for patents. Third, principles of adaptation and implementation might bring the field to a theoretical consensus about patent value. After analyzing Prof. Golden’s principles in the context of each thread, Prof. Landers proposes that, in order to bridge the differences in current theoretical viewpoints, the explicit addition of the economics of improvement is necessary.


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