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Law Libraries Linking Data To Mobile Devices: Save Patrons’ Time And Stay Hip, Anna Russell, Carli Spina

AALL/LexisNexis Call for Papers

No abstract provided.

15 De La Ley General De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic

Jernej Letnar Černič

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.

The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack

Malla Pollack

Humans in the United States, and many other market-centric nations, live in a world extensively populated by friendly, helpful, honest, charitable, patriotic beings worthy of our respect and support – none of whom exist. Yet these fellow-beings speak to us humans so often that they must be part of our ingrained perception of the world. Who are they? They are the marketing personas created by totally self-interested businesses. They harm humans not only by misdirection in specific instances, but by providing cover for our government’s improper prioritization of corporate interests over human interests. This systemic distortion of public perception is …

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat

Ariel Porat

Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymmetry seems to disappear where physical evidence is at issue. One goal of this Essay is to understand the distinctions, or asymmetries, between monetary and nonmonetary payments, testimonial and physical evidence, and payments by the prosecution as opposed to the defense. Another is to suggest ways in which law could better encourage the production of evidence, and thus the efficient …

Is Aid Conditionality The Answer To Antigay Legislation? An Analysis Of British And American Foreign Aid Policies Designed To Protect Sexual Minorities, Adam Kretz

Adam Kretz

This Article examines several emerging questions in international law. First, is aid conditionality that takes into account the treatment of LGBT people an effective mechanism to foment changes to antigay laws in other nations? If so, have the policies to do so announced by the British and American governments the appropriate way to institute these policies? After examining both aid policies and the attendant negative reactions to those policies by foreign governments, I conclude that the policies, while well intentioned, are not constructed in a manner that would encourage the bootstrapping-up of rights for LGBT people in countries threatened with …

Del “Descontrol” De La Producción Normativa En Materia De Contratación Pública En Colombia / The “Chaos” Of Public Procurement Legislation In Colombia, Javier Rincón Salcedo

Javier Rincón Salcedo

El presente artículo busca presentar una reflexión sobre los efectos que se derivan de la disfuncionalidad en la expedición de normas en materia de contratación pública. Una reflexión que concentrada en el análisis de las actividades de interventoría y supervisión contractual, procura demostrar cómo las disfuncionalidades normativas impiden alcanzar estándares adecuados de eficiencia en el desarrollo de la función pública. A su vez, aproximándose desde una perspectiva normativa a la reflexión sobre las consecuencias prácticas de las disfuncionalidades de tipo reglamentario y de control, el artículo busca dejar en evidencia que, contrario a lo afirmado por los órganos gubernamentales, las …

¿Qué Es Transparencia?, Rafael Ramírez Villaescusa

Rafael Ramírez Villaescusa

El reciente proceso de consolidación democrática experimentado por México en la última década ha estado acompañado de una serie de políticas públicas encaminadas a fortalecer la participación ciudadana dentro de la toma de decisiones, así como la rendición de cuentas gubernamental. Una de esas acciones consistió en la promulgación, durante el sexenio del Presidente Fox, de la Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental. Lo anterior, además, se inscribió en el contexto de un movimiento global a favor del derecho a saber, impulsado por diversas organizaciones internacionales. Parece ser que la transparencia llegó para quedarse, lo …

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …

Pruning The European Intellectual Property Tree - In Search Of Common Principles And Roots, Severine Dusollier

Severine Dusollier

The European Union knows a multiplicity of IP rights, from classical ones (copyright, patent, trademark or design) to more marginal ones, in terms of economic sectors concerned (rights in database, in plant varieties, in semiconductors, in geographical indications). This paper aims at identifying and assessing the existing similarities or common principles in the intellectual property rights in the European Union. Despite their apparent diverging functions, subject matter and scope of protection, copyright, trademark, patent and the other intellectual property rights share at least the fact that they belong to a set of rules granting some exclusive rights in intangible assets, …

On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru

Tom Ginsburg

An implicit element of many theories of constitutional enforcement is the degree to which those subject to constitutional law can agree on what its provisions mean (call this constitutional interpretability). Unfortunately, there is little evidence on baseline levels of constitutional interpretability or the variance therein. This article seeks to fill this gap in the literature, by assessing the effect of contextual, textual and interpreter characteristics on the interpretability of constitutional documents. Constitutions are found to vary in their degree of interpretability. Surprisingly, however, the most important determinants of variance are not contextual (for example, era, language or culture), but textual. …

The Regulatory Challenges Of International Transplant Medicine: Developments In Singapore, Tracey E. Chan

Tracey E Chan

Transplant tourism is spurred by the global shortage of organs and the potential for regulatory arbitrage in purchasing an organ in jurisdictions that do not prohibit sale or lack effective regulatory mechanisms to enforce prohibition. Various nations once identified as transplant tourism hotspots have since enacted legislation prohibiting organ sales and emplaced regulatory oversight. However, concerns persist that the legitimisation of altruistic unrelated living donor transplants conceals underlying commercialism and unethical practices. These concerns are heightened when transplant candidates travel across borders in search of international transplant medicine. This article examines the regulatory challenges associated with differentiating international transplant medicine …

International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Nowadays and concretely after the end of Cold War, it is quite visible that the activity of the Security Council is showing a variation to the traditional conception of the international system, as the increase of actions starting from the invocation of Chapter VII of the Charter of the United nations was accompanied by new controversial outcomes. This paper intends to describe several legal issues related to the imposition of economic sanctions by the Security Council, in order to show that even if it appears that such organ of the United Nations has a wide margin of appreciation when maintaining …

Talking Chalk: Talking Chalk: Defacing The First Amendment In The Public Forum, Marie A. Failinger

Marie A. Failinger

Over the past few years, protesters have been arrested for chalking messages on public forum sidewalks. This article discusses why such arrests are discriminatory and violate the jurisprudence of, and values behind, the Speech Clause

Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic

Francisco Verbic

The paper describes how adequacy of representation has recently arrived to Argentina’s legal system in the field of representative litigation. First of all, in the FederalSupreme Court’s case law. Then, in some bills which are nowadays pending before Congress. Lastly, in the Preliminary Draft of a new Civil Code recently announced by the President and the Chief Justice of the Federal Supreme Court. I take a critical approach towards the issue, particularly because of the little attention paid to such a relevant aspect of representative proceedings

Il Diritto Alla Procreazione In Una Prospettiva Comparatistica Tra Italia E Cina, Maria Francesca Staiano

Bocconi Legal Papers

I diritti riproduttivi assumono contenuti molteplici, attinenti sia alla salute sessuale e riproduttiva, sia ai diritti della personalità. Il Programma di Azione del Cairo, così come l'art. 16 (e) della CEDAW, prevede il diritto di decidere liberamente circa il numero dei figli e l'intervallo tra l'uno e l'altro. La Legge sulla popolazione e sulla pianificazione familiare cinese del 2001 impone il limite di un unico figlio per coppia (artt. 18 e 41 in disposto normativo), salvo eccezioni in casi particolari. Al contrario l'ordinamento italiano, in linea con il diritto internazionale, protegge la famiglia come formazione sociale fondamentale e ha individuato …

Replacing And Amending Constitutions: The Logic Of Constitutional Change In Latin America, Gabriel L. Negretto

Gabriel L. Negretto

Since 1978, all countries in Latin America have either replaced or amended their constitutions. What explains the choice between these two substantively different means of constitutional transformation? This article argues that constitutions are replaced when they fail to work as governance structures or when their design prevents competing political interests from accommodating to changing environments. According to this perspective, constitutions are likely to be replaced when constitutional crises are frequent, when political actors lack the capacity to implement changes by means of amendments or judicial interpretation, or when the constitutional regime has a power-concentrating design. It is further argued that …

Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari

Dharmendra Chatur

The new Mental Health Care Bill 2012 marks a complete shift from the existing Mental Health Act 1987 from viewing persons with mental disabilities as persons requiring institutionalisation, to persons with autonomy, equal recognition of their rights and full legal capacity. This shift has been in view of India’s ratification of the UN Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”). In this paper, we analyse the provisions of the Bill specifically in the context of the changes in mental health care law that it proposes, keeping in mind the rights to autonomy and equality of persons with …

Enfoques Teóricos De Las Reglas Por Defecto En El Derecho De Contratos: Complementariedades, Coincidencias Y Contradicciones, Daniel Monroy

Daniel A Monroy C

El artículo muestra una lectura crítica en lo que respecta a la noción, las funciones y el diseño de las reglas por defecto en el derecho de contratos a partir de tres enfoques teóricos a saber: la perspectiva jurídica tradicional; la visión del Análisis Económico del Derecho (AED) en su versión clásica y; el enfoque del denominado behavioral law and economics (BL&E). El documento destaca con particular atención que en lo correspondiente a la noción y las funciones de las reglas por defecto en el derecho de contratos, existe un alto nivel de coherencia entre la perspectiva jurídica tradicional por …

La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher

Dave De ruysscher

Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets …

Taking Outcomes Seriously, Daphna Lewinsohn-Zamir

Daphna Lewinsohn-Zamir

The goal of economic efficiency is to promote best outcomes by maximizing the satisfaction of people’s preferences. Given the crucial role of outcomes in efficiency analysis, surprisingly little attention has been devoted to the question of what an outcome actually is. Law-and-economics scholars typically disregard this issue, implicitly adopting the narrowest possible definition of outcome, namely end-results in terms of wealth. Furthermore, no attempt has been made to examine the fundamental question of what notion of outcomes individuals actually embrace.

This Article aims to fill this void by presenting an experimental study of perceptions of outcomes, conducted with both laypersons …

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …

The European Social Charter And Its Implementation In The Republic Of Azerbaijan, Zaka Mirzayev

Zaka Mirzayev Zaka

In the article the European Social Charter, the core of the European social model is studied from the perspective of its potential implementation challenges in the Republic of Azerbaijan. Azerbaijan's efforts for the due fulfillment of the Charter obligations are analyzed in light of its legislation and legal practice, as well as in the context of the government’s relevant national reports that have been submitted to the Council of Europe up to day. Further, theoretical and practical problems impeding the treaty’s full implementation in the country are identified. The article also deals with issues relating to the Charter’s international and …

Criminal Defense Advice: Why Do Lawyers Defend The Guilty?, William Thies

William Thies

Criminal Law is not the easiest legal matter to discuss. When discussing the topic, many questions surface from concerned clients and observers of society. Interestingly, many individuals become uncomfortable with the laws that allow solicitors to defend the guilty.

The “Labyrinth Of Impossibility” In The Tax Cases Of The European Court Of Justice: Is The Comparability Analysis A Way Out?, Carlo Garbarino

Carlo Garbarino

Can the jurisprudence of the European Court of Justice in tax cases be rationally expounded? The article suggests that a strategy that relies on a bottom-up evolutionary approach. I pursue this strategy by analyzing a broad sample of the tax cases of the ECJ. These cases are viewed from the perspective of what I call “comparability analysis”, i.e. a process adopted by the Court to compare relevant domestic and cross-border situations to decide whether there are differentiated treatments. The cases of the sample are selected on the basis of a set of criteria aimed at identifying the issues that are …

Climate Change Regulation And Litigation: A "Lost Decade" Of Controversy And Confrontation, Richard Faulk

Richard Faulk

Years ago, we published our first article regarding climate change. In it, we foresaw “stormy weather ahead,” but we attempted to begin a “constructive dialogue” about the issues raised by global climate change. Today, we can look back over a decade of controversy and confrontation regarding climate change in virtually all legal forums and institutions – and say, without hesitation, that the issue of global climate change has truly experienced a “lost decade.”

China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan

Han-Wei Liu

Several recent studies have discussed the ramifications of the China – Raw Materials case for China’s rare earths. However, none of these studies has conducted a thorough investigation of China’s current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China’s export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favorable WTO ruling. However, if General Agreement …

The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe

Craig B. Garner

This article investigates the ways in which the relationships between patient, provider and hospital have evolved in the past fifty years, while paying special attention to the influence of modern health care reform on all parties involved. Using Medicare as the primary standard, the nation’s health care system is examined both historically and in light of recent changes that seek to transition its structure from one that is cost based to an approach that emphasizes performance. It is only through understanding the roots of our health care program that we can make informed decisions designed to improve its future impact …

51 % Fdi In Multi Brand Retail: After The Inevitable, Maurya Vijay Chandra

Maurya Vijay Chandra

The government has finally shown its resoluteness. The Indian market is now open for the investment in multi brand retail. The immediate reactions of various stakeholders are along expected lines. The left is afraid of the farmers being armtwisted in the long run; the industry is happy; the government basking in the glory of having overcome its "policy paralysis" and the political opponents have reasons to celebrate as they have unique "opt-in" leverage.