Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law and Society (8)
- Constitutional Law (6)
- Comparative Law (4)
- Jurisprudence (4)
- Bruno (3)
-
- Chinese Political and Judicial System (3)
- Climate change (3)
- Costantini (3)
- Derecho (3)
- Education (3)
- Human Rights Law (3)
- International Law (3)
- México (3)
- Presentaciones (3)
- Adaptation (2)
- Capacity-building (2)
- Civil Rights (2)
- Comparative Law; Judges; Transnational Law (2)
- Employment Discrimination (2)
- Globalization (2)
- Green building (2)
- Human Rights (2)
- Innovation (2)
- Justice (2)
- Law and Economics (2)
- Legislación (2)
- Mitigation (2)
- Politics (2)
- Public Law and Legal Theory (2)
- Public Policy (2)
- Publication
-
- Mubashshir Sarshar (6)
- Prof. Elizabeth Burleson (5)
- Bruno L. Costantini García (4)
- Hou Meng (3)
- Michele Carducci Prof. (3)
-
- David García (2)
- Gregory A. Lush (2)
- Leysser L. León (2)
- Mario A Pinzón Camargo (2)
- Michael LP Lower (2)
- Robert R.M. Verchick (2)
- Sebastián A. Pizarro (2)
- Steven J. Andre (2)
- Aaron J Shuler (1)
- Belachew M Fikre (1)
- Bernard Sama (1)
- Corey A Ciocchetti (1)
- Craig Martin (1)
- Daphna Hacker (1)
- Darryl K. Brown (1)
- David Pimentel (1)
- Deborah M. Weissman (1)
- Diane Webber (1)
- Dr. Lotem Perry-Hazan (1)
- Dr. Mutaz M. Al-Debei (1)
- Dr. Reuven (Ruvi) Ziegler (1)
- Edward Ivan Cueva (1)
- George Souri (1)
- Gianluigi Palombella (1)
- Gila Stopler (1)
- File Type
Articles 31 - 60 of 72
Full-Text Articles in Law
Disability And The Persistence Of Poverty: Reconstructing Disability Allowances, Sagit Mor
Disability And The Persistence Of Poverty: Reconstructing Disability Allowances, Sagit Mor
Sagit Mor
Disability policy has always been deeply immersed in questions relating to the relationships between disability and poverty. Analysts have historically attempted to separate disability from poverty: these efforts began as early as the Poor Laws of eighteenth century England and, enhanced by the rise of the modern welfare state, they culminated in the enactment of the Americans with Disabilities Act and the 20 years that followed. In this article, I argue that it is time to reexamine the nexus between disability and poverty and attend to their co-constitutive relationships. I suggest a reconstructive reading of disability allowances as a locus …
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Craig Martin
This article develops an argument for increased constitutional control over the decision to use armed force or engage in armed conflict, as a means of reducing the incidence of illegitimate armed conflict. In particular, the Model would involve three elements: a process-based constitutional incorporation of the principles of international law relating to the use of force (the jus ad bellum regime); a constitutional requirement that the legislature approve any use of force rising above a de minimus level; and an explicit provision for limited judicial review of the decision-making process. The Model is not designed with any one country in …
La Prohibición De Exigir El Pago Por Adelantado De Las Pensiones Educativas, David García
La Prohibición De Exigir El Pago Por Adelantado De Las Pensiones Educativas, David García
David García
No abstract provided.
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Democratic Centralism Under Tradition Of Politics And Law(政法传统中的民主集中制), Meng Hou
Democratic Centralism Under Tradition Of Politics And Law(政法传统中的民主集中制), Meng Hou
Hou Meng
No abstract provided.
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
Gregory Brazeal
Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may …
Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler
Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler
Aaron J Shuler
Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.
Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar
Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Islamic Banking In India, Mubashshir Sarshar
Child Labour In India, Mubashshir Sarshar
Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar
Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Environmental Refugees, Mubashshir Sarshar
Laws Relating To Data Protection In India, Mubashshir Sarshar
Laws Relating To Data Protection In India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Victor D. Quintanilla
This article examines the U.S. Supreme Court’s decision Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) from a social psychological perspective, and empirically studies Iqbal’s effect on claims of race discrimination.
In Twombly and then Iqbal, the Court recast Rule 8 from a notice-based rule into a plausibility standard. Under Iqbal, federal judges must evaluate whether each complaint contains sufficient factual matter “to state a claim to relief that is plausible on its face.” When doing so, Iqbal requires judges to draw on their “judicial experience and common sense.” Courts apply Iqbal at the pleading stage, before evidence has been …
Understanding California Nonclaim Statutes And Statutes Of Limitations, Steven J. Andre
Understanding California Nonclaim Statutes And Statutes Of Limitations, Steven J. Andre
Steven J. Andre
Article explores problems involving limitations upon when suits may be brought to pursue claims against estates in California.
Paul And The Origins Of Christianity, Steven J. Andre
Paul And The Origins Of Christianity, Steven J. Andre
Steven J. Andre
The article studies the tremendously influential effect of one individual upon the origins of the Christian religion. It is an exploration of the origins of Paul’s thinking and his role in the development of the early church. It considers Paul’s unique background and why that provided him special access to audiences and means to spread his message. It traces Paul’s interactions with the Nazorean sect and the philosophical and political sources that served to produce a new religion premised upon Judaic and mystical concepts made palatable to a Gentile audience by Paul’s special innovations. In addition, it discusses the scholarly …
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
haiting zhang
Meaningful studies on China cannot ignore traditional Chinese culture and its influence in the country. A study of the rule of law of China is no exception. Generally speaking, China is not governed primarily by the rule of law. China has traditionally been an agrarian state—a characteristic that has historically fostered a strong family system. China’s agrarian nature also shaped traditional characteristics of Chinese culture in which rule of law is largely non-existent. Historically, the rule of man, a traditional Chinese value, has served as one of the major obstacles to China achieving legal modernization. Substantial legal westernization is an …
Heidegger And The Essence Of Adjudication, George Souri
Heidegger And The Essence Of Adjudication, George Souri
George Souri
This paper presents an account of adjudication based on the philosophy of Martin Heidegger. As this paper argues, we can only hope to better understand adjudication if we recognize that adjudication is a socio-temporally situated activity, and not a theoretical object. Heidegger’s philosophical insights are especially salient to such a project for several reasons. First, Heidegger’s re-conception of ontology, and his notion of being-in-the-world, provide a truer-to-observation account of how human beings come to understand their world and take in the content of experience towards completing projects. Second, Heidegger’s account of context, inter-subjectivity, and common understanding provide a basis upon …
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
Melissa R Hart
No abstract provided.
The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Lotem Perry-Hazan, Shulamit Almog
The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Lotem Perry-Hazan, Shulamit Almog
Dr. Lotem Perry-Hazan
In this article we explore the linkage between human rights education and the development of rights consciousness - the process that enables people to define their aims, wishes and difficulties in terms of rights. We argue that the factors that develop rights consciousness - human rights knowledge and the implementation of rights - are particularly important for the development of the rights consciousness of children. The Israeli Ultra-Orthodox education for girls offers a unique opportunity to explore our contentions, since it combines wide general education with extreme messages of gender inequality. We demonstrate that their wide general education is not …
The Rule Of Law In Global Governance: Its Normative Construction, Function And Import, Gianluigi Palombella
The Rule Of Law In Global Governance: Its Normative Construction, Function And Import, Gianluigi Palombella
Gianluigi Palombella
What does the Rule of law contribute in the frame of global governance? While addressing metamorphoses of law and the multiple legalities in the global context, this paper shows that the rule of law can consistently be extended externally being cherished internally. It takes seriously the concurrence of different legalities in their diverse ‘formats’, and the challenge of the “global administrative law” theoretical and empirical model. At the meta-level of the relations among legalities, the Rule of law has an essential role to play: it affects interactions and interdependence,and can cause content-dependent assessments to develop, without supporting self-closure or monistic …
Probability Thresholds As Deontological Constraints In Global Constitutionalism, Gila Stopler, Moshe Cohen-Eliya
Probability Thresholds As Deontological Constraints In Global Constitutionalism, Gila Stopler, Moshe Cohen-Eliya
Gila Stopler
This Article calls for the re-introduction of probability tests—such as the abandoned American “clear and present danger” or the Israeli “near certainty” test—and for their integration into contemporary models of rights adjudication in global constitutionalism. This stance is supported, inter alia, by psychological research on the cognitive bias of “probability neglect.” Both the American strict scrutiny test, which focuses on a rigorous means-ends analysis, and the highly influential German proportionality test, which centers on the balancing of rights and interests, fail to properly ensure the priority of rights. The Article contends that it is important to integrate a probability requirement …
American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been
American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been
Wouter H. de Been
No abstract provided.
A Triptych Of Regulators: A New Perspective On The Administrative State, Yair Sagy
A Triptych Of Regulators: A New Perspective On The Administrative State, Yair Sagy
Yair Sagy
This Article offers a new typology of administrative regulators. Through a comprehensive study of the literature on federal regulation from the late nineteenth century until the present, it exposes, for the first time, three distinct prototypes of regulators that comprise the U.S. administrative state: "The Guardian"—the regulator as a general manager having the public interest in mind; "the Facilitator"—a coordinator of public collaboration and a source of reliable information; and "the Technician"—a skilled practitioner, qualified by certified training or experience. Each one of these types embodies a different concept of public regulation, its social role, characteristic procedures, and enforcement style. …
The European Enforcement Order For Uncontested Claims (Regulation 805/2004): Free Circulation Of Enforceable Titles And Harmonization Of Procedures In The European Judicial Area [In Greek], Nikitas E. Hatzimihail
The European Enforcement Order For Uncontested Claims (Regulation 805/2004): Free Circulation Of Enforceable Titles And Harmonization Of Procedures In The European Judicial Area [In Greek], Nikitas E. Hatzimihail
Nikitas E Hatzimihail
The article is a primer on the EU Regulation 805/2004 establishing a European Enforcement Order for Uncontested Claims. It places the Regulation within the context of EU activity on private international law and procedural matters and describes its basic features
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Tracey M Roberts
Communities are increasingly looking to private governance institutions, rather than formal government, to set public policy and to manage the environmental and social impacts of globalization. Private governance institutions, sets of rules and structures for governing without government, remain undertheorized despite an expanding literature. Questions remain about why they have arisen, what functions they serve, and whether they are effective. This article advances that literature in several ways. First, the article outlines the inherent limitations of the conventional taxonomy, which groups these institutions based on the identity of their constituent organizations (business interests, civil society, and government entities and their …
Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma
Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma
Monica Lopez Lerma
Pedro Almodovar's High Heels (the original Spanish title, Tacones Lejanos, literally means "distant heels") is a 1991 postmodern film that celebrates performance, fluidity, and fragmentation as ways of being in and understanding the world. In a generic combination of melodrama, comedy, musical, and film noir, High Heels tells the story of a turbulent mother-daughter relationship, and a judge's criminal investigation following the murder of the daughter's husband (who also happens to be the mother's former lover). In recent years, Almodovar's film has received the attention of Orit Kamir, a law-and-film feminist scholar who opens up a refreshing line of inquiry. …
The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti
The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti
Corey A Ciocchetti
In the midst of massive government involvement in the financial, real estate and automotive sectors, other important problems linger without sufficient governmental attention. This article focuses on one area where federal intervention has been particularly absent - the realm of individual privacy in the Information Age. The problem is that monitoring in the United States is increasingly powerful and takes many forms. Online, prominent Web sites collect, store and disseminate a great deal of personally identifying information (PII) without clearly and simply informing users. This is the case even though such notice is cheap and can be effective. Offline, technology …
Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Deborah M. Weissman, Caroline Bettinger-Lopez, Davida Finger, Meetali Jain
Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Deborah M. Weissman, Caroline Bettinger-Lopez, Davida Finger, Meetali Jain
Deborah M. Weissman
In recent years, human rights clinics have mushroomed across United States law schools, specializing in work ranging from direct representation of asylum seekers in U.S. courts, to international litigation, to project-based advocacy that includes fact-finding visits and production of reports documenting human rights violations throughout the world. Increasingly, those human rights clinics have begun to address human rights within the United States, and not just in places beyond our borders. At the same time, domestic poverty law clinics are increasingly looking to human rights norms in framing some of their advocacy, which often takes the forms of direct legal services, …