Law Commons^™

Notas Sobre El Contenido Del Principio De La Democracia, Pablo Marshall

Pablo Marshall

This paper seeks to expose the substantive aspects of the principle of democracy. It focuses, in the important research, inspired by the methodology of Carl Schmitt, that EW Böckenförde been made about the content and scope of the democratic clause in positive constitutional law. To that objective, was make a brief explanation of the role that have democracy in the theory of forms of government. After that was explain the foundations, role and application of the principle of democracy as a constitutional principle recognized in legal system. It ends with a brief application of this theory to the case of …

La Ciudadanía En La Jurisprudencia Del Tribunal Constitucional, Pablo Marshall

Pablo Marshall

No abstract provided.

Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn

Daniel J. Cohn

No abstract provided.

Rethinking The Indefinite Detention Of Sex Offenders, Fredrick E. Vars

Fredrick E Vars

Thousands of sex offenders in the United States are being held indefinitely under civil commitment programs. The analysis in this Article suggests that none (or precious few) belong there. Specifically, in a large dataset, an instrument as good as the one most widely used by experts (the “Static-99”) could not identify even one sex offender who met the legal standards for commitment. Supplementing such instruments with additional information appears not to improve matters, so the failure of the instrument is profoundly disturbing. There are three possible responses: (1) improve instruments to meet existing standards; (2) lower the standards; and (3) …

The Fbi And The Making Of The Terrorist Threat, Ivan Greenberg

Ivan Greenberg

The Bush administration's so-called war on terror needs to be situated within the context of earlier efforts to demonize dissent. Since the early 1970s the FBI has increasingly linked the threat of terrorism to lawful domestic social movements to undermine their legitimacy and blur meaningful distinctions between violent and peaceful political activity. In recent years, the FBI has become the leading control agency in what scholars and popular writers term the “surveillance society.” The FBI monitors public spaces and has deployed increasingly sophisticated technological surveillance. The bureau also has developed a new “preventative paradigm,” viewing well-nigh all street protest as …

Practicing Proportionality, William W. Berry Iii

William W Berry III

At the heart of the Eighth Amendment’s “cruel and unusual” punishment clause are two concepts of proportionality—absolute and relative. Absolute proportionality (“cruel”) asks whether the sentence is commensurate with the state’s purposes of punishment. Relative proportionality (“unusual”), by contrast, asks whether the sentence is relatively similar to the outcomes of similar cases. Absolute proportionality sets limits on punishment based on the relationship between the punishment and the intended punitive goal; relative proportionality sets limits on punishment based on the sentencing outcomes in similar cases. In recent years, the United States Supreme Court has utilized the concept of absolute proportionality to …

Appellant's Opening Brief (With Co-Counsel), Bowers V. Keller (Bowers I), 651 F.3d 1277 (11th Cir. 2011), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …

Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt

Christopher W. Schmidt

No abstract provided.

"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena B. Langan

Elena B. Langan

Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene

Bernadette Atuahene

No abstract provided.

Appellant's Reply Brief (With Co-Counsel), Bowers V. Keller (Bowers I), 651 F.3d 1277 (11th Cir. 2011), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

Promulgating Proportionality, William W. Berry Iii

William W Berry III

Two lines of cases have dominated the Supreme Court’s Eighth Amendment death penalty jurisprudence: the Furman-Gregg line of cases emphasizes the need to adopt rules to eliminate the arbitrariness inherent in unguided capital sentencing by juries, while the Woodson-Lockett line of cases emphasizes the opposite concern - the need for juries to make individualized sentencing determinations - highlighting the inadequacy of rules. At first glance, these competing aims create some internal tension, if not outright conflict. In his concurrence in Walton v. Arizona, Justice Scalia argued that this conflict was irreconcilable: “[t]he latter requirement [individualized factual determinations] quite obviously destroys …

Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (November 2010-March 2011), Mel Cousins

Mel Cousins

In this article, we review developments in the case law of the European Court of Justice and Court of Human Rights and EU legislative developments in the period November 2010 to March 2011. We focus on a number of key judgments – mainly involving an interpretation of the Treaty provisions − which look likely to have an important impact on social security issues: in particular, Test-Achats, concerning the incompatibility of secondary legislation allowing insurance products (including pension annuities) to be calculated by reference to gender-based actuarial factors, Casteels, concerning the impact of free movement on the co-ordination of occupational pensions …

The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li

Bryan H. Druzin

This paper argues that lying should be a crime. In doing so we propose the creation of a wholly new category of crime, which we term “egregious lying causing serious harm.” The paper has two broad objectives: the first is to make the case why such a crime should even exist, and the second is to flesh out how this crime might be constructed. The main contribution of the paper lies in the radical nature of its stated aim: the outright criminalization of certain kinds of lies. To our knowledge, such a proposal has not previously been made. The analysis …