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Full-Text Articles in Law

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss Sep 2011

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss

Human Rights & Human Welfare

Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …


June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes Jun 2011

June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“The Tormented Isthmus ”. The Economist. April 14 2011.


Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi Apr 2011

Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi

Dalhousie Law Journal

In the aftermath of the Prorogation of Parliament on December 4, 2008, upon the advice of Prime Minister Stephen Harper to then Governor General Michaelle Jean, a particular theme in Canadian literature about governance has flourished. This theme is the influence ofconstitutionalism, democracy and legitimacy on government and politics. In the view of many scholars there is a serious imbalance between the executive branch on one hand and the legislative branch on the other. The sense ofimbalance has generated proposals for changes to the practice of Westminster-style parliamentary democracy in the service of democratic legitimacy.


Modeling The Congressional End-Run Constraint, Luke M. Milligan Mar 2011

Modeling The Congressional End-Run Constraint, Luke M. Milligan

University of Richmond Law Review

No abstract provided.


Economics, Politics, And The International Principles For Sound Compensation Practices: An Analysis Of Executive Pay At European Banks, Guido Ferrarini, Maria C. Ungureanu Mar 2011

Economics, Politics, And The International Principles For Sound Compensation Practices: An Analysis Of Executive Pay At European Banks, Guido Ferrarini, Maria C. Ungureanu

Vanderbilt Law Review

In this Article, we submit that the compensation structures at banks before the financial crisis were not necessarily flawed and that recent reforms in this area largely reflect already existing best practices. In Part I we review recent empirical studies on corporate governance and executive pay at banks and suggest that there is no strong support for regulating bankers' compensation structures. We also argue that detailed regulation of incentives would subtract essential decisionmaking powers from boards of directors and make compensation structures too rigid.

In Part II we note that political support for regulating bankers' pay has been strong and …


The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies Feb 2011

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Journal of Legal Education

No abstract provided.


The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington Feb 2011

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Journal of Legal Education

No abstract provided.


Terrorizing Academia, Joseph Margulies, Hope Metcalf Feb 2011

Terrorizing Academia, Joseph Margulies, Hope Metcalf

Journal of Legal Education

No abstract provided.


Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond Jan 2011

Political Factors And Enforcement Of The Nursing Home Regulatory Regime, Philip C. Aka, Lucinda M. Deason, Augustine Hammond

Journal of Law and Health

This study analyzes the influence of political factors, oversight, and nursing home affiliation or ownership status on the enforcement of the nursing home regulatory regime, signified by the Nursing Home Reform Act ("NHRA") and its progeny. Specifically speaking, it measures, using the statistical technique of regression analysis, factors that account for variations across states in the number of deficiencies (or violations of quality standards) cited by nursing home inspectors across the states. This work is a first of its kind, an analysis not government-related, by a set of public administration scholars that systematically studies the influence of political forces on …


Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang Jan 2011

Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang

University of Richmond Law Review

No abstract provided.