Law Commons^™

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Fear And Projection As Root Causes Of War, And The Archetypal Energies "Trust" And "Peace" As Antidotes, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

I want to use this opportunity to discuss a phenomenon that continues to plague the human experience. It is called the game of war. War is perhaps the deadliest game that humanity has created. The conflict itself represents what appears to be opposing views about the way things should be. Each side believes that it is right and that its actions are justified. Each side therefore seeks to impose its views on the other or to defend its views against the other. Each side fears the other as an enemy and each side projects its fears onto its perceived “enemy.”

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

Deconstructing The Slums Of Baltimore, Garrett Power

Garrett Power

No abstract provided.

Neera Desai (1925-2009): Pioneer Of Women’S Studies In India, Professor Vibhuti Patel

Professor Vibhuti Patel

The front runner of Women’s Studies in India and the creator of a model women’s studies centre that combined the ethos of women’s studies and women’s movement at the SNDT University, Mumbai, Neera Desai passed away on 25 June, 2009.

The Emergence Of The Professional Patent Practitioner, Kara Swanson

Kara W. Swanson

No abstract provided.

Judicial Martial Law - Appendix, David Randall Jenkins

David Randall Jenkins

No abstract provided.

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

Gender Mainstreaming In Social Protection By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender mainstreaming has become a buzzword in development discourse in the 21st century. The volume under review is a timely publication in the context of the ever increasing pauperisation and immiserisation of millions of people, especially women and children. Naila Kabeer has performed a daunting task in examining the effect of economic globalisation on gender relations for a large majority of the poor around the world and the affirmative actions taken by the nation states.

The Role Of Gender Identities And Stereotype Salience With The Academic Performance Of Male And Female College Athletes, Keith Harrison

Dr. C. Keith Harrison

An experiment was conducted to examine factors that moderate the experience of academic identity threat among college athletes who represent a stigmatized group on most college campuses (Yopyk & Prentice, 2005). It was hypothesized that because they are more engaged in academics, female college athletes would be especially threatened by the prospect of confirming the “dumb-jock” stereotype. As predicted, female college athletes performed more poorly when their athletic and academic identities were explicitly linked, but only on moderately difficult test items. The results also revealed that male college athletes performed significantly better (see stereotype reactance and self-affirmation) on more difficult …

Stereotypes And Stigmas Of College Athletes In Tank Mcnamara's Cartoon Strip: Fact Or Fiction?, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to explore the perceptions of National Collegiate Athletic Association (NCAA) Division I student-athletes (N= 43) regarding stereotypical cartoons about athletes. A qualitative approach, which included a visual elicitation technique, was utilized by administering the Lifestyle Association & Representation of Athletes Scale (LARAS). The LARAS explored participants’ perceptions of the following six specific concepts: a) academic support issues; b) academic progress; c) coaches as educators; d) professional sport aspirations; e) media identities, advertising, and representation; and f) cultural issues and recruiting. Five major themes emerged from participants’ perceptions: Big Sport Business, Athletic Image, College Athlete …

Tre Giuristi Perugini Cinquecenteschi: Giovan Paolo Lancellotti, Paolo Comitoli, Benincasio Benincasa, Adolfo Giuliani

Adolfo Giuliani

Why did moral theology become such an important source of legal principles in the late 16th century? This paper argues that to begin to understand the pervasive moral transformation of those decades we need first to consider the ways by which those jurists confidently rewrote the boundaries between canon law, civil law and moral theology.
This paper is focused on the three jurists — a civilian, a canonist and a theologian — who shared the intellectual atmosphere of the university of Perugia between 16th and 17th century: Giovan Paolo Lancellotti, Paolo Comitoli and Benincasio Benincasa.
The full-text is available from …

Introduction, Robert Tennyson

Robert Tennyson

This is a study of the private legislative business of parliament between 1688 and 1774, the preconditions of its growth and the manner of its legitimization. Through the eighteenth century, the products of parliament’s private business increasingly impacted the lives of Englishmen, at every rung on the social ladder. Yet, despite the number, variety and extent of these proposals passing through parliament and sanctioned by its private legislation, our understanding of this critical aspect of parliament’s agency in the eighteenth century is remarkably underdeveloped. This study endeavors to extend our understanding of this business through a detailed examination of the …

What Petitions In Opposition To The Alien And Sedition Acts Can Tell Us About Early American Federalism, Robert Tennyson

Robert Tennyson

No abstract provided.

A Cheap Bill For Deviant Enclosures, Robert Tennyson

Robert Tennyson

No abstract provided.

Full Faith And Credit In The Early Congress, Stephen E. Sachs

Stephen E. Sachs

After more than 200 years, the Full Faith and Credit Clause remains poorly understood. The Clause first issues a self-executing command (that "Full Faith and Credit shall be given"), and then empowers Congress to prescribe the manner of proof and the "Effect" of state records in other states. But if states must accord each other full faith and credit-and if nothing could be more than full-then what "Effect" could Congress give state records that they wouldn't have already? And conversely, how could Congress in any way reduce or alter the faith and credit that is due? This Article seeks to …

Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic

Sefik Tatlic

Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Annotated Justinian Code Website, Timothy Kearley

Timothy G. Kearley

The Annotated Justian Code webpage contains an edited version of Justice Fred H. Blume's annotated English translatioin of Justinian's Code (the Codex Justinianus) and Justinian's Novels (Novellae Constitutiones), along with other articles and information about Justice Blume and Justinian's codification of Roman Law.

Making Property Productive: Reorganizing Rights To Real And Equitable Estates In Britain, 1660 To 1830, Gary Richardson

Gary Richardson

Between 1660 and 1830, Parliament passed thousands of Acts restructuring rights to real and equitable estates. These estate Acts enabled individuals and families to sell, mortgage, lease, exchange and improve land previously bound by inheritance rules and other legal legacies. The loosening of these legal constraints facilitated the reallocation of land and resources towards higher-value uses. Data reveal correlations between estate Acts, urbanization and economic development during the decades surrounding the Industrial Revolution.

"Athleticated" Versus Educated: A Qualitative Investigation Of Campus Perceptions, Recruiting And African American Male Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

The purpose of this study was to conduct a qualitative investigation of student narratives (N= 167) about the contemporary issue of recruiting high-profile African American male student-athletes. Participants were asked to view a scene on recruiting from the film, The Program (1994). Participants were then presented with questions regarding a recruiting trip by an African American football player to a traditionally white campus. Findings indicate that both Black and White students perceived the African American male student-athletes in the film scene to be more "athleticated" than educated. They were also perceived as stereotypical sex-objects. "When athletes (especially male) show up …

A Day In The Life Of A Male College Athlete: A Public Perception And Qualitative Campus Investigation, Keith Harrison

Dr. C. Keith Harrison

Perceptual confirmation paradigm (PCP) rooted in social psychology, can be implemented to frame sport science research questions (Stone, Perry, & Darley, 1997). Public perception of college athletes’ lives has been scarcely investigated in the sport sciences (Keels, 2005) using the PCP to prime stereotypes. The purpose of this study was to prime stereotypes about a day in the life of a college athlete by using qualitative inquiry to assess college students’ (N = 87) perceptions. Participants provided written responses about a day in the life of a college athlete. Two different college athlete targets were used “Tyrone Walker” (n = …

Indonesia As An Archipelago: Managing Islands, Managing The Seas, Robert Cribb, Michele Ford

Robert Cribb

Indonesia's archipelagic character shapes its identity.

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.

Tanaka Kakuei Y La Política De Posguerra, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

No abstract provided.

Tr-63 La Radio De Transistores Como Paradigma Tecnológico Japonés, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

No abstract provided.

La Importancia De La Filosofía Confuciana En El Periodo Ritsu-Ryo, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

No abstract provided.

La Administración De Justicia En El Periodo Kamakura, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

No abstract provided.