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Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg

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Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …

Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas C. Howson

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In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People's Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People's Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …

The Basic Law At 60 - Introduction To The Special Issue, Susanne Baer, Christian Boulanger, Alexander Klose, Rosemarie Will

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For Germany 2009 was a year of constitutional anniversaries: the first democratic constitution (Paulskirchenverfassung of 1849) was promulgated 160 years ago; the 1919 Weimar Constitution would have turned 90; and finally, the country celebrated 60 years of the Basic Law, which was proclaimed and signed in Bonn on 23 May 1949. Despite its birth in the midst of economic and political turmoil and widespread disillusion with politics, the Basic Law has come to be regarded as a "success story." As is well known, it was never meant to last - the very term "Grundgesetz" (basic law) indicated that it was …

Comparative Tax Law: Theory And Practice, Reuven S. Avi-Yonah, Guy Inbar, Omri Marian, Linneu Mello

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On 3 October 2009, a Conference on Comparative Tax Law in Theory and Practice took place at the University of Michigan Law School. It was organized by Reuven Avi-Yonah (Professor, University of Michigan Law School) and Mathias Reimann (Editor, American Journal of Comparative Law and Professor, University of Michigan Law School), and was attended by Hugh Ault (Professor of Law, Boston College Law School), Victor Thuronyi (Senior Counsel, International Monetary Fund), Brian Arnold (Professor Emeritus, University of Western Ontario), William Barker (Professor, The Dickinson School of Law, Penn State), Michael Livingston (Professor, Rutgers School of Law-Camden), Carlo Garbarino (Professor of …

Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona

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No abstract provided.

A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer

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In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …

Constitutional Theology: The Revival Of Whig History In American Public Law, William J. Novak

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One of the things I admire about the profession of history is that there are no admissions requirements. Like being a novelist or a member of Congress, the door is open to almost anyone who wants to try their hand at the art or craft. In a world of an increasingly specialized division of professional labor, that is a relatively rare and special thing. Though I teach in a law school, for example, I would be in trouble if I tried to pass myself off as a lawyer. Though I could perhaps irritatingly refer to myself as a doctor owing …

Penalizing Punitive Damages: Why The Supreme Court Needs A Lesson In Law And Economics, Steve P. Calandrillo

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The recent landmark Supreme Court decision addressing punitive damages in the infamous Exxon Valdez oil spill case has brought the issue of punitive awards back into the legal limelight. Modern Supreme Court jurisprudence, most notably BMW of North America, Inc. [517 U.S. 559 (1996)], State Farm [538 U.S. 408 (2003)], Philip Morris [549 U.S. 346 (2007)], and now Exxon Shipping Co. [128 S.Ct. 2605 (2008)] in 2008, has concluded that such judgments are justified to punish morally reprehensible behavior and to send a message to evildoers. The Court, however, has increasingly emphasized that the U.S. Constitution's Due Process Clause presumptively …

Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang

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This essay looks into recent efforts by the ruling party in China to tighten control of the judiciary, the lawyers and prosecutors under the slogan of "harmonious society" in the last couple of years. This reversed the direction of judicial reform under the leadership of Xiao Yang, during his tenure as President of the Supreme People's Court before 2008. The trouble with the legal profession in China, the essay asserts, is not only that it loses its professional autonomy thus its ability to act as a sociopolitical force that is independent from the ruling political party; but also, by virtue …

Racial Paradox In A Law And Society Odyssey, Mario L. Barnes

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No abstract provided.

Broadening Ethics Teaching In Engineering: Beyond The Individualistic Approach, Eddie Conlon, H. Zandvoort

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There is a widespread approach to the teaching of ethics to engineering students in which the exclusive focus is on engineers as individual agents and the broader context in which they do their work is ignored. Although this approach has frequently been criticised in the literature, it persists on a wide scale, as can be inferred from accounts in the educational literature and from the contents of widely used textbooks in engineering ethics. In this contribution we intend to: (1) Restate why the individualistic approach to the teaching of ethics to engineering students is inadequate in view of preparing them …

Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan

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The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies …

Of Discipline And Civilization: A Roundtable Discussion On The Legacies Of Norbert Elias And Michel Foucault, Sam Binkley, Paddy Dolan, Stefanie Ernst, Cas Wouters

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When one considers the proximity of their concerns, it is perhaps surprising that the works of Norbert Elias and Michel Foucault have not been more systematically compared and discussed. However, the differentiation of disciplinary knowledge (particularly the boundary that separates philosophy from social theory), com-pounded by parochialisms fostered by the cult of the intellectual, have delayed this process far past its due. This conversation, which began in 2008 at a conference on the works of Elias and Foucault at the University of Hamburg, is, in this regard, an effort to make up for lost time. Fashioned from hours of discussion …

The Planned And The Unplanned: A Roundtable Discussion On The Legacies Of Michel Foucault And Norbert Elias, Sam Binkley, Paddy Dolan, Stefanie Ernst, Cas Wouters

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When one considers the proximity of their concerns, it is perhaps surprising that the works of Norbert Elias and Michel Foucault have not been more systematically compared and discussed. However, the differentiation of disciplinary knowledge (particularly the boundary that separates philosophy from social theory), com-pounded by parochialisms fostered by the cult of the intellectual, have delayed this process far past its due. This conversation, which began in 2008 at a conference on the works of Elias and Foucault at the University of Hamburg, is, in this regard, an effort to make up for lost time. Fashioned from hours of discussion …

Site Value Tax, Tom Dunne

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Tom Dunne discusses some of the issues surrounding property taxation in Ireland

Threshold Lives: Exploring The Liminal Consumption Of Tweens, Kevina Cody, Katrina Lawlor, Pauline Maclaren

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The intervening spaces of socio-cultural organisation have proved sources of fascination and powerful theory development in the fields of sociology, psychology and anthropology (e.g. Douglas, 1966; Van Gennep, 1961; Freud, 1950, Foucault, 1977). Consumer culture research has hitherto acknowledged the potency of studying transitional phenomena, spaces and places and the interactions of varied ontologies with the consumption experiences of the individuals or group in flux and evolution (e.g. Davies and Fitchett, 2004; Maldonado and Tansuhaj, 1999; Gentry, 1997; Schouten, 1991). But what of those whose reality is the threshold between two ordered and defined worlds, the centre of nowhere? This …

Figurational Dynamics And Parliamentary Discourses Of Living Standards In Ireland, Paddy Dolan

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While the concept of living standards remains central to political debate, it has become marginal in sociological research compared to the burgeoning attention given to the topic of consumer culture in recent decades. However, they both concern how one does and should consume, and, indeed, behave at particular times. I use the theories of Norbert Elias to explain the unplanned but structured (ordered) changes in expected standards of living over time. This figurational approach is compared to other alternative explanations, particularly those advanced by Bourdieu, Veblen and Baudrillard. Though these offer some parallels with Elias’s theories, I argue that consumption …

“We Are Going To Rape You And Taste Tutsi Women”: Rape During The 1994 Rwandan Genocide, Christopher W. Mullins

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Over the past decades, scholars have paid greater attention to sexual violence, in both theorization and empirical analysis. One area which has been largely ignored, however, is the sexual violence during times of armed conflict. This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes--both singular and mass—were qualitatively analyzed. In general, three broad types of assaults were identified: opportunistic, assaults which seemed to be a product of the disorder inherent within the conflict; episodes of sexual …

Theorizing Transnational Law - Observations On A Birthday, Susanne Baer

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There are many ways to theorize transnational law. As always, there is a mainstream, and there are “sidestreams.” However, it may be more interesting to consider from which direction such theories develop. Here, in appreciation of what the German Law Journal did to transnational legal conversations, I suggest to consider three directions in transnational legal studies: (1) theorizing from above; (2) theorizing from below; and (3) theorizing from inside. As you will see, much of the theories are in the German Law Journal (GLJ).

A Critical Introduction To The Symposium, Kyron J. Huigens

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No abstract provided.

Objectivist Problematics: Planning For Leisure From An Experiential Perspective?, Ross Neville

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Despite the fact that the experiential perspective has had a profound impact on the way we view leisure behaviour, experiential matters have been renounced for being overtly subjective. As a corollary, experiential matters have been castigated for their inability to offer concrete criteria for leisure policy and the provisions of services. This paper argues that this dismissal of experiential matters is based on an overinflated dichotomy – the fact/value dichotomy – and that, by valorising objectivist approaches to managing leisure resources, experiential matters have become nothing more than a policy-making faux pas. The paper argues that while experiential matters bring …

Two Notions Of Privacy Online, Avner Levin, Patricia S. Abril

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Users of social networking websites tend to disclose much personal information online yet seem to retain some form of an expectation of privacy. Is this expectation of privacy always unreasonable? How do users of online social networks define their expectations of privacy online?

These questions were the impetus behind an empirical study, the findings of which are presented in this Article. The project, simultaneously conducted in Canada, at Ryerson University, and in the United States, at the University of Miami, consisted of a survey regarding personal information protection and expectations of privacy on online social networks (OSNs). Approximately 2,500 young …

Cts Zadar 2009 Holiday Home, Sweet Home From Home, Deirdre Quinn, Nigel Morgan, Annette Pritchard

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Connecting Academies of Hope; Critical actions and creative vistas. 3rd Critical Tourism Studies Conference, 21-24 June, 2009, Zadar, Croatia.

Identifying Critical Junctures In Macroeconomic Policy - The Cases Of Mexico And Sweden In The Early 1980s, Ana Haro Maza, John Hogan

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Abstract: This paper utilizes a new critical junctures framework to help understand the nature of the changes in macroeconomic policy. The framework consists of three elements which must be identified in sequence to be able to declare, with some certainty, if an event was a critical juncture. These are crisis, ideational change, and radical policy change. Utilizing the critical juncture framework, we will determine whether changes to Mexican and Swedish macroeconomic policy in the early 1980s constituted clean breaks with the past, or were continuations of previously established policy pathways, and why that was.

Media Discourses On Autonomy In Dying And Death, Christina Quinlan

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THIS PAPER IS A SYNOPSIS of a research project designed to examine the representations of particular experiences of dying and death as represented in media consumed in Ireland. This media research is a small part of a large study commissioned by the Hospice Friendly Hospitals Programme, through the Irish Hospice Foundation. The large study, undertaken by a team of researchers from University College Cork and the Royal College of Surgeons Ireland, was tasked with the development of an ethical framework for health-care practitioners on patient autonomy in end-oflife care. Patient autonomy at end-of-life is the degree of autonomy or control …

The Irish Punditocracy As Contrarian Voice: Opinion Coverage Of The Workplace Smoking Ban, Declan Fahy

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THE JOURNALISM OF COMMENTATORS and columnists has remained a lacuna in media studies. Their work has received so little sustained critical attention that it has become something of a ‘black box’, even as as the space devoted to opinion coverage in newspapers has expanded significantly over the past three decades. The section of the newspaper devoted to opinion journalism has traditionally been the op-ed page, so-called because of its usual placement opposite the section containing editorials. Viewed as a forum for the articulation of diverse viewpoints about current social issues, the page aims to provide a space in the ‘marketplace …

Suing The Pope And Scandalising The People: Irish Attitudes To Sexual Abuse By Clergy Pre- And Post-Screening Of A Critical Documentary, Michael J. Breen, Hannah Mcgee, Ciaran O’Boyle, Helen Goode, Eoin Devereux

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THE SEXUAL ABUSE OF children became a significant public issue in Ireland in the 1990s, with frequent media reports about the issue. In the main these focused on the issue of abuse of children by members of the clergy and religious orders. Headline cases included the abuse perpetrated by Fr Brendan Smyth, a priest of a religious order who was convicted of multiple counts of sexual abuse of children and subsequently died in prison, and Fr Seán Fortune, a diocesan priest, who committed suicide before his court trial for abuse. While child sexual abuse by clergy was widely exposed in …

Representations Of The Knowledge Economy: Irish Newspapers’ Discourses On A Key Policy Idea, Brian Trench

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FROM TIME TO TIME, notions take hold in society in such a way that they become reference ideas across diverse social sectors, and terms associated with these reference ideas proliferate in public discourses and media of various kinds. This is notably true for the ‘knowledge economy’ and ‘knowledge society’; these terms have largely displaced other terms to describe the particular character of advanced economies and societies in the early 21st century. Other terms have struggled to co-exist: ‘information society’ seems passé; ‘services society’, ‘audit society’ and ‘risk society’ are marginal or niche terms; ‘innovation society’ has had intermittent periods of …

Significant Television: Journalism, Sex Abuse And The Catholic Church, Colum Kenny

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MOST CITIZENS OF THE Republic of Ireland describe themselves in their census returns as Roman Catholic, although attendances at church have been declining. Irish Catholics long endured religious discrimination and persecution under British Protestant rule. Partly for that reason, the Irish media tended to treat the Catholic Church very respectfully or deferentially after the foundation of the independent Irish Free State in 1921. However, by the closing decade of the twentieth century, Ireland had passed through a period of rapid and remarkable change. Economic, social and cultural factors made it more likely than before that Irish broadcasters would produce programmes …

Motivation And Decision Making In City Break Travel, Gerard Dunne

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The demand for city breaks has been one of the major growth areas in travel and tourism in recent years. The city break product is generally considered to be different from other holiday products, particularly in a spatial and temporal context. However marketing strategies targeting this important tourism niche continue to be based on data that is often anecdotal and frequently inaccurate. This book explores the distinctive characteristics of this form of travel and in particular the motivations and decision making involved in taking such trips. The book presents a decision making continuum that highlights the variation that exists between …