Law Commons^™

Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.

The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson

Mitchell J Nathanson

Too often, the Philadelphia sports fan has been dismissed as a lout, a boorish dolt immune to reason, his vocabulary whittled down to a singular “boo.” This is particularly true when it comes to Phillies fans, who are more likely to turn on their team than any other in the city. Although the Eagles, Sixers and Flyers may hear it from the rafters when they’re not going well, only the Phils will hear it when they are. The strained relationship between the city and the Phillies, however, has deep historical and sociological roots; roots that directly correlate with the city’s …

Steekpartij Voor De Spiegel, Jenneke Christiaens

Jenneke Christiaens

No abstract provided.

Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad

Mary Alice Haddad

Japan’s civil society is being transformed as more people volunteer for advocacy and professional nonprofit organizations. In the American context, this trend has been accompanied by a decline in participation in traditional organizations. Does the rise in new types of nonprofit groups herald a decline of traditional volunteering in Japan? This article argues that while changes in civil rights, political opportunity structure, and technology have also taken place in Japan, they have contributed to the rise of new groups without causing traditional organizations to decline, because Japanese attitudes about civic responsibility have continued to support traditional volunteering.

Mainstreaming And Integrating The Substance And Spectacle Of Scholar-Baller: A New Game Plan For The Ncaa, Higher Education And Society, Keith Harrison

Dr. C. Keith Harrison

The purpose of this chapter is to theoretically and empirically capture the cultural divide between education and sport and entertainment in American society. The NCAA Academic Reform Movement has evolved from holding individuals accountable to presently monitoring institutions and their retention and graduation success of college student athletes. This movement will require a deeper examination of how culture influences academic attitudes and lifelong learning. Based on empirical data from different methodologies, this chapter proposes that student athletes; especially African American males, are often stereotyped with few strategies to empower their academic and athletic identities. The Scholar-Baller Paradigm is designed to …

Indian Capitalism In Directed Economy - Challenges In The Path To Prosperity, Shashi Sharma

Shashi Sharma

No abstract provided.

Faculty And Male Student Athletes In Higher Education: Racial Differences In The Environmental Predictors Of Academic Achievement, Keith Harrison

Dr. C. Keith Harrison

Studies have examined the impact of environmental variables on academic achievement among student athletes in the revenue-generating sports of men’s basketball and football. However, while evidence concerning the positive impact of male student athlete and faculty interaction is virtually unequivocal, we are not certain whether the benefits accruing from particular types of interaction vary across different racial/ethnic groups. This study explores the relationship between male Black and White student athletes and faculty as well as the impact of specific forms of student athlete– faculty interaction on academic achievement. Data are drawn from the Cooperative Institutional Research Program’s 2000 Freshman Survey …

Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell

S. David Mitchell

Felon exclusion laws are jurisdiction-specific, post-conviction statutory restrictions that prohibit convicted felons from exercising a host of legal rights, most notably the right to vote. The professed intent of these laws is to punish convicted felons equally without regard for the demographic characteristics of each individual, including race, class, or gender. Felon exclusion laws, however, have a disproportionate impact on African-American males and, by extension, on the residential communities from which many convicted felons come. Thus, felon exclusion laws not only relegate African-American convicted felons to a position of second-class citizenship, but the laws also diminish the collective citizenship of …

An International Mission, Matthew Wilburn King

Matthew Wilburn King PhD

University of Tulsa Magazine Publication Issue - Research: Bright Ideas

From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell

Liz Campbell

At all stages of the Irish criminal process, from pretrial detention and investigation, through the courthearing and at sentencing, a shift in focus from the due process rights of the accused towards the crime control aims of the State is apparent. Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards.

Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer

Nancy J. Knauer

The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and, ultimately, a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the gender …

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Ronald Hallett

Hallett provides a review of research project related to McKinney-Vento.

Jamais Deux Sans Trois: Principes Régissant Les Effets De La Récidive Sur La Peine Et La Libération Conditionnelle Dans Les Codes Pénaux Européens (French), Sacha Raoult

Sacha Raoult

This paper examines the general principles that guide the classical treatment of an offender's dangerousness in the criminal codes of sixteen European countries. It provides a review of the way in which each penal code deals with both multiple offenders and the terms of parole. There is substantial variety in the legal definitions and effect of recidivism, with some very strict criteria in place in some states. The same various degree of arbitrariness and lack of clear standards apply to the terms of parole. Though arbitrariness in the administering of these legal categories is common throughout Europe, it can be …

Reconciliation And Social Action In Cyprus: Citizens’ Inertia And The Protracted State Of Limbo, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper will attempt to chart a normative framework for action for a social politics of reconciliation via a course for citizens’ action across the ethnic divide of Cyprus. It will attempt to consider the context and content of reconciliation in Cyprus at this time and examine the various ‘routes’ to reconciliation, in terms of locating their theoretical, philosophical and ethical points of reference. Whilst ‘reconciliation’ is something that normally takes place after a settlement, the groundwork (conceptual, political and societal) needs to begin whenever the potential is there: the protracted state of limbo that characterises the Cyprus problem as …

Populism, Democracy And Social Citizenship: Discourses On ‘Illegal Migration’ Or Beyond The ‘Fortress’ Versus ‘Cosmopolitanism’ Debate, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper aims to connect articulations of ‘racism’ and ‘populism’ within discursive uses of ‘illegal immigration’ in the context of European-wide processes, which frame migrants as the ‘other’: such view have in fact become hegemonic over the recent years. The aim is to connect discourses of ‘illegal’ immigration to social phenomena, such as racist populism in democratic process and debates regarding social citizenship. The examination of the construction processes of exclusionary citizenship, both at European and at national level, via the discourses of undocumented migrant labour is a process that tends to racialise liberal democracy across Europe. Moreover, this process …

Ecosystem Services And The Public Trust Doctrine: Working Change From Within, J.B. Ruhl

J.B. Ruhl

What to do with the public trust doctrine? Environmental law scholars have been asking that question for going on 40 years, ever since Professor Joseph Sax surmised in his famous law journal article on the topic that of all the concepts known to American law, only the public trust doctrine seems to have the breadth and substantive content which might make it useful as a tool of general application for citizens seeking to develop a comprehensive legal approach to resource management problems. In this Article we briefly survey reasons why his vision has yet to be fulfilled, and we propose …

The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.

Mandatory Gun Ownership, The Militia Census Of 1806, And Background Assumptions Concerning The Early American Right To Arms: A Cautious Response To Robert Churchill, William G. Merkel

William G. Merkel

Direito À Informação Ou Deveres De Protecção Informativa Do Estado?,, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A Liberdade de Informação poderá ser simultaneamente defendida pelo dever de abstenção do Estado na esfera de exercício privado (não perigoso) de cada cidadão ou grupo “ordeiro” de cidadãos, e pelo dever de protecção dos cidadãos e das suas pessoas morais (incluindo obviamente associações e empresas) nos casos em que a ordem natural da rede social equitativa seja rompida, designadamente por fenómenos de massificação arregimentadora, trusts anti-concorrência, violação de direitos fundamentais, etc., e, no limite, crime. Mas o discernimento e ponderação terão que ser muito grandes.

Les Limites Du Pouvoir De Révision Constitutionnelle Entre Le Pouvoir Constituant Et La Constitution Matérielle. Une Illustration Dans Le Contexte Lusophone, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

May we relate with intellectual profit some 'abstract' constitutional concepts such as "pouvoir constituant", "constitution matérielle" and "limites matériels de révision constitutionnelle"?

Do Constitucionalismo Brasileiro: Uma Introdução Histórica (1824-1988), Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

It is not usual to write a constitutional history from the view point of a foreigner. This is a essai of a glimpse of Brazilian constitutional history from the perspective of a Portuguese, descending from Bazilians, descending from Portuguese. In spite of those circunstances, of course the aim was always the possible objectivity in History and in Constitutional Law History.

Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes

Sherrill W. Hayes