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Articles 1 - 21 of 21
Full-Text Articles in Law
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Tercer Congreso Nacional de Organismos Públicos Autónomos
"Autonomía, Reforma Legislativa y Gasto Público"
Immigration Law: Nowhere To Turn—Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin
Immigration Law: Nowhere To Turn—Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin
Larry R. Fleurantin
This Article challenges the authority of the Attorney General and the DHS Secretary to withhold information from an alien after a FOIA request under Exemption (b)(5), to use that same withheld information to impeach the alien’s testimony during an individual hearing on the merits, and to use that as grounds for the Immigration Court to deny an applicant’s request for asylum. This Article takes the position that the USCIS needs to change its unfair practice to avoid the harsh and pervasive injustice that aliens facein removal proceedings.
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Nupur Chowdhury
The SPS Agreement in the WTO gives legal validity to the CODEX standards. Since the developed countries have been at the forefront of setting the food standards in the CODEX, the developing countries have been increasingly engaged in the CODEX, and also in the WTO, with an objective to increase their exports of the agricultural and food products. But such objective and desire have often been stymied by the lack of institutions which can sustain the intense technical negotiations at the CODEX. If these participations are not qualitatively satisfactory, the very objective of such participations is not fulfilled. But since …
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …
Law And Morality, Mubashshir Sarshar
Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar
Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Capacity Of The State And Its Subordinates, Mubashshir Sarshar
Capacity Of The State And Its Subordinates, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Judicial Review, Mubashshir Sarshar
Functioning Of The Law Commission Of India, Mubashshir Sarshar
Functioning Of The Law Commission Of India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
J.S Mill On Liberty, Mubashshir Sarshar
Bar Council Of India, Mubashshir Sarshar
The Most-Favoured-Nation Clause In International Investment Agreements: A Tool For Treaty Shopping?, Alejandro Faya Rodriguez
The Most-Favoured-Nation Clause In International Investment Agreements: A Tool For Treaty Shopping?, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
A Quince Años Del Capítulo Xi Del Tlcan, Alejandro Faya Rodriguez
A Quince Años Del Capítulo Xi Del Tlcan, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President’S First 100 Days, Rebecca Bratspies, David Driesen, Robert Fischman, Sheila Foster, Eileen Gauna, Robert Glicksman, Alexandra Klass, Catherine O'Neill, Sidney Shapiro, Amy Sinden, Rena Steinzer, Robert R.M. Verchick, Wendy Wagner, James Goodwin
Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President’S First 100 Days, Rebecca Bratspies, David Driesen, Robert Fischman, Sheila Foster, Eileen Gauna, Robert Glicksman, Alexandra Klass, Catherine O'Neill, Sidney Shapiro, Amy Sinden, Rena Steinzer, Robert R.M. Verchick, Wendy Wagner, James Goodwin
Robert R.M. Verchick
No abstract provided.
The Politics Of Transparency In Japanese Administrative Law, Tom Ginsburg
The Politics Of Transparency In Japanese Administrative Law, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Administrative Law And The Judicial Control Of Agents In Authoritarian Regimes, Tom Ginsburg
Administrative Law And The Judicial Control Of Agents In Authoritarian Regimes, Tom Ginsburg
Tom Ginsburg
No abstract provided.
The Paradox Of Social Instability In China And The Role Of The Xinfang System, Matthew Adam Bruckner
The Paradox Of Social Instability In China And The Role Of The Xinfang System, Matthew Adam Bruckner
Matthew Adam Bruckner
No abstract provided.
What Is 'Private' Data?, Karen Mccullagh
What Is 'Private' Data?, Karen Mccullagh
Karen McCullagh
The development of a frontier-free Internal Market and of the so-called 'information society' have resulted in an increase in the flow of personal data between EU Member States. To remove potential obstacles to such transfers data protection legislation was introduced. One of the underpinning principles of Directive 95/46/EC is the protection of privacy. Yet, the legislation does not provide a conclusive understanding of the terms ‘privacy’ or ‘private’ data. Rather, privacy protection is to be achieved through the regulation of the conditions under which personal data may be processed. An assessment of whether, 10 years after the enactment of the …
Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush
Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush
David J. Arkush
This Article attempts to clarify legal thinking about emotion in decision making. It surveys evidence from psychology and neuroscience on the extensive role that emotion and related nonconscious cognitive processes play in human behavior, then evaluates the treatment of emotion in three legal views of decision making: rational choice theory, behavioral economics, and cultural cognition theory. The Article concludes that each theory is mistaken to treat emotion mostly as a decision objective rather than a part of the decision-making process and, indeed, to treat it as a force that mostly compromises that process. The Article introduces the view that emotion …
Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries
Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries
Stephanie D Humphries
In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.
Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …