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2013

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Neoconstitutionalism, Rights, And Natural Law, Juan Cianciardo Dec 2013

Neoconstitutionalism, Rights, And Natural Law, Juan Cianciardo

Journal of Civil Law Studies

Rights are, without a doubt, the most outstanding feature of contemporary legal systems. It can be argued that since the middle of the past century we are immersed in a culture of rights. Neo-constitutionalism is one among other such concepts that has been used to designate and study this phenomenon. The hypothesis we will attempt to address in this paper is that some of the central characters of our culture of rights, here termed as “neo-constitutionalism,” cannot be explained consistently without an explicit reference to natural law.

We will specifically examine the connection between the assertion that there exist natural …


Origins Of The Division Of Servitudes Into Natural, Legal And Contractual, Carlos Felipe Amunátegui Perelló Dec 2013

Origins Of The Division Of Servitudes Into Natural, Legal And Contractual, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.


European Union Law And Gay Rights: Assessing The Equal Treatment In Employment And Occupation Directive And Case Law On Employment Benefits For Registered Same-Sex Partnerships, Jeneba Barrie Dec 2013

European Union Law And Gay Rights: Assessing The Equal Treatment In Employment And Occupation Directive And Case Law On Employment Benefits For Registered Same-Sex Partnerships, Jeneba Barrie

Journal of Civil Law Studies

No abstract provided.


Martin V. A-1 Home Appliance Center, Bogdan Buta Dec 2013

Martin V. A-1 Home Appliance Center, Bogdan Buta

Journal of Civil Law Studies

No abstract provided.


France: French Tort Law In The Light Of European Harmonization, Olivier Moréteau Dec 2013

France: French Tort Law In The Light Of European Harmonization, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Italy: Trust And The Italian Legal System: Why Menu Matters, Laura Franciosi Dec 2013

Italy: Trust And The Italian Legal System: Why Menu Matters, Laura Franciosi

Journal of Civil Law Studies

No abstract provided.


Complete V.6 No.2 Dec 2013

Complete V.6 No.2

Journal of Civil Law Studies

No abstract provided.


Mlii Financial Statements, Federal Reserve System: Federal Reserve Bank Of New York, William Dudley, Christine M. Cumming, Michael Strine Dec 2013

Mlii Financial Statements, Federal Reserve System: Federal Reserve Bank Of New York, William Dudley, Christine M. Cumming, Michael Strine

Documents

No abstract provided.


Interculturality And World Literary System(S), Jola Škulj Dec 2013

Interculturality And World Literary System(S), Jola Škulj

CLCWeb: Comparative Literature and Culture

In her article "Interculturality and World Literary System(s)" Jola Škulj proposes a new framework for studying planetary exchanges of literatures, one that subverts the systemic distinction between centers and peripheries. She advocates a model that can yield the analytical conceptualization and hermeneutic understanding of literary phenomena and their historical reality in the complexity of semiotic traces, in actual distinctiveness of formal and textual deposits, and in interconnections of poetological impacts. She argues that literary facts seen in such intricate networks of mutual intertextual phenomenology and reaccentuations attest to their character of permanent mobility, evident instability, and constant inventive reformulation of …


Positive Uncertainty And The Ethos Of Comparative Literature, Brigitte Le Juez Dec 2013

Positive Uncertainty And The Ethos Of Comparative Literature, Brigitte Le Juez

CLCWeb: Comparative Literature and Culture

In her article "Positive Uncertainty and the Ethos of Comparative Literature" Brigitte Le Juez examines the continuous difficulty comparatists have with the lack of definition of the discipline and explores possible new avenues for tackling the problem. Le Juez argues that "uncertainty" recognized as a tenet of comparative literature should not be unheeded, but embraced in order to shift the focus from the idea that comparative objects and methods are the defining elements of the discipline and envisage them as the aims and results of an ethos. Le Juez posits that when "indiscipline" and "serendipity" are added to the notion …


World Literature(S) And Comparative Literature: A Book Review Article Of Books Published In English And German 2011-2013, Elke Sturm-Trigonakis Dec 2013

World Literature(S) And Comparative Literature: A Book Review Article Of Books Published In English And German 2011-2013, Elke Sturm-Trigonakis

CLCWeb: Comparative Literature and Culture

No abstract provided.


Optimising The Performance Of Roundabouts In Dar Es Salaam City, David Mfinanga Dec 2013

Optimising The Performance Of Roundabouts In Dar Es Salaam City, David Mfinanga

Tanzania Journal of Engineering and Technology (TJET)

Intersections are one of the major bottlenecks that aggravate congestion in road networks; effective control of which is an important strategy in improving traffic flow. While developing countries have found it hard to adopt sophisticated means of intersection control, they have also not optimised the performance of roundabouts. This paper reviews the performance of roundabouts, which have become increasingly popular in recent years, as simple and low cost forms of intersection control. The performance of three major roundabouts in Dar es Salaam has been analysed and results show that roundabouts can accommodate high traffic volumes without causing excessive delays. The …


The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah Dec 2013

The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah

Indonesia Law Review

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …


Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung Dec 2013

Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung

Indonesia Law Review

Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a …


International Cooperation Among States In Globalized Era:The Decline Of State Sovereignty, Koesrianti Koesrianti Dec 2013

International Cooperation Among States In Globalized Era:The Decline Of State Sovereignty, Koesrianti Koesrianti

Indonesia Law Review

This article discusses the national sovereignty and regionalism in the context of the membership of a state into regional economic organisations. It concludes that in nowadays-shrinking world the traditional concept of sovereignty is less relevant since states have suffered a loss in their sovereignty. It found that member states of regional economic organisations have to cede a degree of sovereignty, such as in the EU. This phenomenon however is not the case for NAFTA and AFTA.


Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi Dec 2013

Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi

Indonesia Law Review

Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope …


Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari Dec 2013

Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari

Indonesia Law Review

Since the fall of Indonesian president Soeharto, a major focus of the reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the cause of the judiciary’s failure over the past decades. This book provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.


Partitioning The Fitness Components Of Rna Populations Evolving In Vitro, Carolina Diaz Arenas, Niles Lehman Dec 2013

Partitioning The Fitness Components Of Rna Populations Evolving In Vitro, Carolina Diaz Arenas, Niles Lehman

Chemistry Faculty Publications and Presentations

All individuals in an evolving population compete for resources, and their performance is measured by a fitness metric. The performance of the individuals is relative to their abilities and to the biotic surroundings – the conditions under which they are competing – and involves many components. Molecules evolving in a test tube can also face complex environments and dynamics, and their fitnessmeasurements should reflect the complexity of various contributing factors as well. Here, the fitnesses of a set of ligase ribozymes evolved by the continuous in vitroevolution system were measured. During these evolution cycles there are three different catalytic …


"He Got In My Face So I Shot Him": How Defendants' Language Impairments Impair Attorney-Client Relationships, Michele Levigne, Gregory Van Rybroek Dec 2013

"He Got In My Face So I Shot Him": How Defendants' Language Impairments Impair Attorney-Client Relationships, Michele Levigne, Gregory Van Rybroek

City University of New York Law Review

No abstract provided.


Considering The Individualized Education Program: A Call For Applying Contract Theory To An Essential Legal Document, Bonnie Spiro Schinagle Dec 2013

Considering The Individualized Education Program: A Call For Applying Contract Theory To An Essential Legal Document, Bonnie Spiro Schinagle

City University of New York Law Review

No abstract provided.


Male Asylum Applicants Who Fear Becoming The Victims Of Honor Killings: The Case For Gender Equality, Caitlin Steinke Dec 2013

Male Asylum Applicants Who Fear Becoming The Victims Of Honor Killings: The Case For Gender Equality, Caitlin Steinke

City University of New York Law Review

No abstract provided.


If I Marry A Man In New York, Could I Marry A Woman In Kentucky?: The Problem Of The Fundamental Right To (Straight) Marriage, Philip R. Hsiao Dec 2013

If I Marry A Man In New York, Could I Marry A Woman In Kentucky?: The Problem Of The Fundamental Right To (Straight) Marriage, Philip R. Hsiao

City University of New York Law Review

No abstract provided.


Space Law And The Future Of Public Interest, Mclee Kerolle Dec 2013

Space Law And The Future Of Public Interest, Mclee Kerolle

City University of New York Law Review

No abstract provided.


Practical Implications Of Current Intimate Partner Violence Research For Victim Advocates And Service Providers, Barbara Hart Jd, Andrew J. Klein Phd Dec 2013

Practical Implications Of Current Intimate Partner Violence Research For Victim Advocates And Service Providers, Barbara Hart Jd, Andrew J. Klein Phd

Justice Policy

This guide uses a question-and-answer format to inform victim advocates and service providers of the findings of published research on intimate partner violence (IPV) and their relevance for practice. The first of 13 sections of the guide poses and answers 11 questions pertinent to the issue, “What is intimate partner violence?” The issues addressed include the various behaviors and circumstances that constitute IPV, whether men and women are equally likely to be victims or perpetrators of IPV, and whether women’s use of IPV is different from men’s.The second major section poses and answers 12 questions related to IPV …


Natural Disasters, Access To Justice, And Legal Services, Jordan Ballard, Julia Howard-Gibbon, Branda Muñoz Furnish, Aaron Scheinwald Dec 2013

Natural Disasters, Access To Justice, And Legal Services, Jordan Ballard, Julia Howard-Gibbon, Branda Muñoz Furnish, Aaron Scheinwald

City University of New York Law Review

No abstract provided.


Fighting For Educational Stability In The Face Of Family Turmoil, Michael R. Mastrangelo Dec 2013

Fighting For Educational Stability In The Face Of Family Turmoil, Michael R. Mastrangelo

City University of New York Law Review

No abstract provided.


Social Entrepreneurship That Truly Benefits The Poor: An Integrative Justice Approach, Nicholas J. C. Santos, S.J. Dec 2013

Social Entrepreneurship That Truly Benefits The Poor: An Integrative Justice Approach, Nicholas J. C. Santos, S.J.

Journal of Management for Global Sustainability

The phenomenal growth of social entrepreneurship over the last decade has ably demonstrated how technology, innovation, and an entrepreneurial spirit can afford better solutions to the vexing social and environmental problems of our time than can traditional aid and charity- based efforts. In most cases, but not always, the poor and disadvantaged have benefited from the growth of social entrepreneurship. In order to ensure that social entrepreneurship does indeed benefit the poor, it is imperative that there be normative guidelines for fair and just engagement with impoverished populations. A model that has been presented in the marketing and public policy …


Full Issue, Iajbs Ateneo De Manila University Dec 2013

Full Issue, Iajbs Ateneo De Manila University

Journal of Management for Global Sustainability

No abstract provided.


Social Venture Business Model Archetypes: Five Vehicles For Creating Economic And Social Value, Jennifer I. Woolley, Albert V. Bruno, Eric D. Carlson Dec 2013

Social Venture Business Model Archetypes: Five Vehicles For Creating Economic And Social Value, Jennifer I. Woolley, Albert V. Bruno, Eric D. Carlson

Journal of Management for Global Sustainability

Social ventures balance the economic and social dimensions of value creation to alleviate the problems created by shared collective issues. While much is known about economic value creation in conventional firms, little empirical work has focused on social ventures. As the number of social entrepreneurs continues to increase, the challenge of creating both economic and social value has emerged as an important research topic. In this article, we examine 124 social ventures from around the world to gain insight into ways social ventures pursue economic and social value creation. Five social venture business model archetypes emerge from the data. We …


The Role Of Ict In Scaling Up The Impact Of Social Enterprises, Ramon Fisac-Garcia, Manuel Acevedo-Ruiz, Ana Moreno-Romero, Thane Kreiner Dec 2013

The Role Of Ict In Scaling Up The Impact Of Social Enterprises, Ramon Fisac-Garcia, Manuel Acevedo-Ruiz, Ana Moreno-Romero, Thane Kreiner

Journal of Management for Global Sustainability

Information and Communication Technologies (ICT) can help social enterprises and other organizations working on global sustainability issues and in the human development sector in general scale their social impact. The flexibility, dynamism, and ubiquity of ICTs make them powerful tools for improving relationships among organizations and their beneficiaries, multiplying the effects of action against many, if not all, aspects of global unsustainability, including poverty and exclusion. The scaling of social impact occurs in two different dimensions. On one hand, ICTs can increase the value proposition of a program or action (depth scaling) in different ways: providing accurate and fast needs …