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- Paulo Ferreira da Cunha (6)
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- Alexandra B. Klass (1)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Liberdade, Ética E Direito, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.
Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne
Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne
Péter Cserne
No abstract provided.
Luxury Markets, Antitrust, And Intellectual Property: An Introduction, Ben Kleinman-Green
Luxury Markets, Antitrust, And Intellectual Property: An Introduction, Ben Kleinman-Green
Ben Kleinman-Green
In this paper I look at markets for luxury goods and begin exploring the interplay among trademark law, antitrust law, luxury goods, and copies of luxuries. In the absence of empirical data and economic theories directly on point, I informally extend a model of luxury markets to account for copies of luxury goods and then look to trademark law cases for indications of how courts might evaluate luxury markets in an antitrust context.
Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis
Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis
Nicos Trimikliniotis
Outside southern Africa little attention has been given to the lively debates, particularly within South Africa, about migration, economic integration, racism/xenophobia and exclusion. After the collapse of apartheid the Southern African Development Community (sadc) developed initiatives on regional co-operation on population movement in a far-reaching 1995 Draft Protocol on Free Movement. However, the post-apartheid South African state was concerned solely with free trade and, with the support of other regional players, managed to halt the Protocol. The processes of neoliberal regional integration, socioeconomic transformations, poverty and inequality, as well as the political turmoil in countries of the sub-Saharan region, have …
Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis
Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis
Nicos Trimikliniotis
Kατεδαφιζόμεθα ή καταρρέει ένα ιδεολόγημα Στο απόηχο της πρώτης και σ’ αναμονή της δεύτερης συνάντησης των δύο ηγετών, του κ. Χριστόφια και κ. Ταλάτ, «ξέσπασε» ή μάλλον «κατασκευάστηκε» από κάποια μίντια (και τις εμπρηστικές δηλώσεις από διάφορους) μια έξαλλη «συζήτηση» γύρω από την εγκύκλιο του Υπουργού Παιδείας. Μάλλον καταλάγιασε, προσωρινά τουλάχιστον, αλλά θα σιγοκαίει καθώς προχωρούν οι συνομιλίες. «Αλλού μας τρώει» λοιπόν… Αξίζει ωστόσο να πάρουμε κάτι από τις αντιδράσεις από μια εγκύκλιο που λέει τα αυτονόητα, κι απλά θέλει να εφαρμόσει στην πράξη αυτά που προφανώς ψευδώς διακηρύσσαμε. Γι’ αυτό και παίρνουμε στα σοβαρά τα τραγελαφικά που ζούμε κι …
Plan Your Future With Advance Directives Poster, Debra M. Sellers
Plan Your Future With Advance Directives Poster, Debra M. Sellers
Debra M. Sellers
Poster, three pages that define Living Will, Durable Power of Attorney for Health Care.
Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis
Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis
Nicos Trimikliniotis
[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over …
Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis
Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis
Nicos Trimikliniotis
Concept The conference aims to initiate a dialogue between the two communities on the concept as well as the potential for reconciliation and cooperation in Cyprus today: at a time when working groups and technical committees are engaged in a dialogue preparing the ground for the face to face meeting between the leaders of the two communities, academics, researchers, activists and concerned citizens cannot stand by and watch; they need to find ways to constructively engage in the debate over the future of Cyprus and contribute to building trust, communication and understanding between the two communities. The conference proposes to …
A Study Of Flexicurity Strategy In Netherlands And Denmark: The Institutional Life-Course Policy Approach, Chih-Lung Huang
A Study Of Flexicurity Strategy In Netherlands And Denmark: The Institutional Life-Course Policy Approach, Chih-Lung Huang
Chih-lung Huang
The flexicurity strategy in Netherlands and Denmark, i.e. flexible labour market and the reinforcement of social security institutions, successfully kept the unemployment rate from rising in the 1990s and has drawn attention from social policy scholars. Under the development of flexible labour market and destabilized employment pattern, the agenda of flexicurity strategy has been shifted to strengthen and facilitate the transitions in social security institutions. Drawing on institutional analysis on redistribution of time and income, this paper explores outcomes and development from recent flexicurity reforms. Results show that the working time in Netherlands and Denmark has been redistributed both vertically …
A Primary Human Challenge, Carroy U. Ferguson
A Primary Human Challenge, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.
Rules, Red Tape, And Paperwork: The Archeology Of State Control Over Migrants, 1850-1930, David Cook-Martín
Rules, Red Tape, And Paperwork: The Archeology Of State Control Over Migrants, 1850-1930, David Cook-Martín
David Cook-Martín
Conventional accounts of a drastic shift to migration restriction after World War I following a golden era of free movement obscure crucial processes of state formation around matters of administering migration. How and with what consequences did state control over migration become acceptable and possible after the Great War? Existing studies have centered on core countries of immigration and thus underestimate the degree to which legitimate state capacities have developed in a political field spanning sending and receiving countries with similar designs on the same international migrants. Relying on archival research, and an examination of the migratory field constituted by …
The Fire Next Time: Land Use Planning In The Wildland/Urban Interface, Jamison E. Colburn
The Fire Next Time: Land Use Planning In The Wildland/Urban Interface, Jamison E. Colburn
Jamison E. Colburn
Wildfire is a growing threat to suburban and exurban communities, in part because fires have grown more severe and frequent as a result of land use and climatic influences and in part because more people are living in fire prone areas. The so-called Healthy Forest Restoration Act (HFRA), the federal government’s response to this crisis, is a deeply flawed statute that will likely exacerbate wildfire risks at the same time it makes real ecological restoration even harder. While HFRA took halting, partial steps toward the integration of broad and small scale land use planning, it was clearly still the outgrowth …
Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams
Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams
Noah D Hall
The Earth’s climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater …
Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen
Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen
Ronald F. Wright
The charges filed at the start of a criminal case often move down to less serious charges that form the basis for a guilty plea and conviction. In this symposium essay, we build on our earlier work on charge movement based on data from North Carolina. After noting that charges move at different rates for different crimes, we explain the differences among crimes by looking to the structure of the substantive criminal law. Groups of crimes that offer deeper options to the negotiators (such as the many versions of assault) produce more frequent charge movement.
Assuming that the structure of …
Racial Formation In Quebec: A Legal Retospective, Roozbeh (Rudy) B. Baker
Racial Formation In Quebec: A Legal Retospective, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article shall use the experience of the Quebecois in Canada to survey the linkage between cultural formation and race in Quebecois racial identity, and then map out these linkages and their relations to the political and legal discourse that has emerged in Canada on the place of the Quebecois in the country. Cultural formation and racial formation are unmistakably linked. Specific social and linguistic separatism can over time crystallize into racial formation, especially if aided by official government recognition and legal codification. As this Article shall demonstrate, the verification of this idea can be clearly seen the experience of …
Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson
Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson
Alexandra B. Klass
As the nation struggles with how to address climate change, one of the most significant questions is how to reduce increasing levels of carbon dioxide in the atmosphere. One promising technology is carbon capture and sequestration (“CCS”), which consists of capturing carbon dioxide emissions from power plants and industrial sources and sequestering them in deep geologic formations for long periods of time. Areas for potential CO2 sequestration include oil and gas fields, saline aquifers, and coal seams. As Congress and the private sector begin to spend billions of dollars to research and deploy this technology, there has been insufficient attention …
Administrative And Punitive Isolation Of Children In Jails And Prisons: Cruel, Unusual, And Awaiting Condemnation, Ben Kleinman
Administrative And Punitive Isolation Of Children In Jails And Prisons: Cruel, Unusual, And Awaiting Condemnation, Ben Kleinman
Ben Kleinman-Green
This article applies our emerging understanding of how children mature into adults to the question of whether it is acceptable to subject children to isolation regimes in jails and prisons just as we do fully developed adults. I hope to shed light on the legal questions raised by the impact isolation has on the development of child inmates.
College Knowledge: An Assessment Of Urban Students’ Awareness Of College Processes., Douglas Burelson, Ronald Hallett, Daniel Park
College Knowledge: An Assessment Of Urban Students’ Awareness Of College Processes., Douglas Burelson, Ronald Hallett, Daniel Park
Ronald Hallett
The contemporary college or university campus is a complex and dynamic environment that requires students to navigate myriad institutional processes. College preparedness is not simply a matter of being academically ready for postsecondary-level work, but also requires that students have a procedural knowledge of other university processes - what we define herein as "college knowledge." This article presents that results of an evaluation of a college preparation program that focuses on college knowledge and provides a road map for designing an effective college knowledge program.
When A Group Presentation Isn’T Enough: Financial Aid Advising For Low-Income Urban College Bound Students, Kristan Venegas, Ronald Hallett
When A Group Presentation Isn’T Enough: Financial Aid Advising For Low-Income Urban College Bound Students, Kristan Venegas, Ronald Hallett
Ronald Hallett
Group presentations are the common ways to communicate information about financial aid to high school students. This article discusses the value of group presentation and suggests that additional techniques should supplement this approach, especially in the case of low-income urban college-bound students.
Rural Families And Work-Family Issues, Lisa Pruitt
Rural Families And Work-Family Issues, Lisa Pruitt
Lisa R Pruitt
This essay, an entry for the on-line Sloan Work and Family Encyclopedia, provides an overview of work-family challenges in the context of rural America. Among the issues addressed are lack of economic diversification and opportunity; deficits in human capital; the dearth of childcare, transportation and other services that facilitate employment; and the deeply entrenched character of gender roles in rural societies. The entry discusses not only concerns related to rural socioeconomic disadvantage, but also those arising from the distances that separate rural residents from work, educational opportunities, and services. The essay notes that rural families are sometimes disserved by policies …
The Rhetoric Of Self Defense, Janine Young Kim
The Rhetoric Of Self Defense, Janine Young Kim
Janine Kim
Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey
Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey
Sam Grey
Despite decades of clinical research being carried out in the 'developing' world, neither the socio-political and economic context of the global South, nor the nature and historical trajectory of global inequality have played a substantive role in determining the nature and extent of North-to-South bioethical obligations. Instead, context has been used to vacate obligation, shut out theories of justice, and collapse the “four principles' of bioethics” – sacrosanct in the 'developed’ world - into a singular, non-negotiable focus on autonomy as a procedurally-defined right. Proponents of a minimum-standards system of international clinical research conflate scientific, statistical, economic, and ethical issues, …
Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis
Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis
Nicos Trimikliniotis
-Introduction -Defining the State -Europeanisation and the State -The Emergent Migration State -The Centrality of the Border: Migration and the State of Exception -Revisiting the ‘Agency versus Structure’ Debate -Migrants against the State of Exception ----Link: http://www.kora.metu.edu.tr/glomig/GLOMIG_Conference_Proceedings_Book.pdf Introduction If we are to address thoroughly an issue as complex as migration, we are forced to examine closely how the methods for controlling migration are being reformulated. The focus of our paper is primarily the European context, but the ideas and processes have a much wider scope. In an era that is characterised by a generalised ‘state of exception’ (Agamben, 2004), the …
The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller
The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller
Alec Stone Sweet
No abstract provided.
Proportionality Balancing And Global Constitutionalism, Alec Stone Sweet, Jud Mathews
Proportionality Balancing And Global Constitutionalism, Alec Stone Sweet, Jud Mathews
Alec Stone Sweet
No abstract provided.
Assessng The Impact Of The Echr On National Legal Systems, Alec Stone Sweet, Helen Keller
Assessng The Impact Of The Echr On National Legal Systems, Alec Stone Sweet, Helen Keller
Alec Stone Sweet
No abstract provided.
Excerpt From Conspiracy Theories: Secrecy And Power In American Culture (Revised And Updated Edition), Mark Fenster
Excerpt From Conspiracy Theories: Secrecy And Power In American Culture (Revised And Updated Edition), Mark Fenster
Mark Fenster
This is the introduction to the revised and updated edition of Conspiracy Theories: Secrecy and Power in American Culture (Minneapolis: University of Minnesota Press, forthcoming 2008). The book challenges the dominant academic and popular approach to conspiracy theories, which views them as a paranoid, extremist expression of marginal groups and individuals that pathologically challenges the basic assumptions of American history and the pluralistic political system of the United States. The book is premised on the contrary proposition that the prevalence of conspiracy theories is neither necessarily pernicious nor external to American politics and culture but instead an integral aspect of …
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...
El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha
El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Intentemos retomar algunos hilos sueltos de discursos dispersos y con una nueva mirada analítica, procuremos ver una realidad sutil y huidiza: ese derecho natural que parece silencioso en nuestros días, y más silencioso aún en los discursos psitacistas: tanto en los pomposos como en los pseudo-rigurosos.
Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha
Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
O presente artigo procura unir traços de aparente heterodoxia, recuperando, porém, paradigmas e tópicos que não são novos. Com efeito, nem as virtudes, nem a república, nem sequer a felicidade são novidades. O que talvez seja novo (new again) é o espírito de buscar outra vez as raízes, as fontes, para um intento de renovação do ambiente juspolítico. Somos naturalmente favorável a uma Constituição principial e valorativa, como a nossa. Mas parece-nos que há nela lugar a Virtudes (que já existem nela), e que a descoberta das Virtudes nas Constituições, e, logo, no Direito, é, afinal, um ovo de Colombo. …