Law Commons^™

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann Mcginley, Ryan Mcginley-Stempel

Ann McGinley

Abstract

BEYOND THE WATER COOLER: SPEECH AND THE WORKPLACE IN AN ERA OF SOCIAL MEDIA

Ann C. McGinley & Ryan McGinley-Stempel

Few would dispute the proposition that free speech and association play an important role in the operation of a healthy democracy. Private workplaces, however, are an important exception. Even though as a nation we profess to honor free speech as one of our most important values, in the employment context, the law often willingly restricts employee speech in favor of the employer’s interests in efficient management. When civil society was clearly distinct from the workplace, this was less problematic. …

A Core Case For Judicial Review: Striking A Dynamic Balance Between Constitutionalism And Democracy, Wen-Cheng Chen

Wen-Cheng Chen

Is judicial review a deus ex machina institution? Commentators disagree on the legitimacy of judicial review in a constitutional democracy. Many scholars who argue for (or against) judicial review have based their claims on democracy or democratic theory, while other scholars have founded their positive (or negative) arguments on constitutionalism or constitutional theory. Based on a general assessment of the literature, this article finds that most scholars have overlooked a core case for judicial review that the central role of judicial review in a constitutional democracy is to strike a dynamic balance between constitutionalism and democracy. Taking three current trends …

Effects Of Globalization On The Theory Of International Law, Marcelo Dias Varella

Marcelo D. Varella

International legal theory is an object that is intensely reshaped and rebuilt, largely due to globalization processes. The way that actors create, implement and control international law is far more prevalent today than it used to be thirty years ago. There is an intensification of the transnational legal process. The dichotomy between national and international law is much less clear. The primary actor continues to involve States, but there is a multiplication and densification of the role of sub-state and non-state actors. A dynamic process prevails over the static one; there is a continuous transformation of international law, by both …

Aspectos Democraticos De La Ley De Ordenamiento Territorial Y Usos Del Suelo De La Provincia De Mendoza Nª 8051, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

In these times when direct forms of democracy burst before formal institutions, the Land Use Planning Law in the Province of Mendoza is presented as valid and democratic alternative, which integrates direct citizen participation with the constitutional representative principle, contemplating identity cultural as a valid indicator for the management modelThis Law Nº 8051 formalizes and concrete the spirit of the quintessential democratic in three principles: government of the people, by the people and for the people. And we add our tradition the principle "the people want to know what it is"

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article examines the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective of the article is to verify whether such requirements are mere “toothless” procedural devices or if …

Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Marianne Dellinger

Myanna Dellinger

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.

This article examines the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and -enforcement through procedural requirements. The objective of the article is to verify whether such requirements are mere “toothless” procedural devices or if …

A Republic, Not A Democracy? Initiative, Referendum, And The Constitution's Guarantee Clause, Robert G. Natelson

Robert G. Natelson

This article debunks the myth, first arising in the 1840s, that the Founders sharply distinguished between a "republic" and a "democracy." It explains that by a "republic," most of the Founders meant a government controlled by the citizenry, following the rule of law, and without a king. Accordingly, state provisions for initiative and referendum are fully consistent with the Constitution's requirement that each state have a republican form of government; in fact, most of the governments the Founders called "republics" had featured analogous forms of direct democracy.

American Finance And American Democracy: Towards An Institutionalist "Law And Economics", Tamara Lothian

Tamara Lothian

This article reconsiders the financial and economic crisis of 2007-2009 and the present debate about the regulation of finance in the light of a vision of how finance can better serve the American economy and American Democracy. The central claim is that regulation as conventionally understood cannot adequately redress the problems, and seize the opportunities, revealed by the crisis. We should approach financial regulation as the first step in a series of institutional innovations designed to put finance more effectively at the service of the real economy (financial deepening) while broadening economic opportunity in the country (financial democratization). I develop …

The Dawn Of A Critical Transparency Right For The Profiling Era, Mireille Hildebrandt

Mireille Hildebrandt

Potential consumers are increasingly profiled to detect their habits and preferences in order to provide for targeted services. Both industry and the European Commission are investing huge sums of money into what they call Ambient Intelligence and the creation of an ‘Internet of Things’. Such intelligent networked environments will depend on real time monitoring and profiling, resulting in real time adaptations of the environment. In this contribution Mireille Hildebrandt will assess the threats and opportunities of such autonomic profiling in terms of its impact on individual autonomy and refined discrimination and indicate the extent to which traditional data protection is …