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Articles 1 - 30 of 41
Full-Text Articles in Law
From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel
From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel
Articles
No abstract provided.
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Articles
Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Articles
A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …
La Justicia, La Verdad Y La Prueba: No Tan Simple, Después De Todo, Susan Haack
La Justicia, La Verdad Y La Prueba: No Tan Simple, Después De Todo, Susan Haack
Books and Book Chapters
Este libro es una compilación de los trabajos que se presentaron en el Congreso Homenaje a Michele Taruffo los días 23 y 24 de enero de 2015 en Girona, organizado por la Cátedra de Cultura Jurídica de la Universidad de Girona. Los artículos están organizados en tres apartados que describen las principales líneas temáticas de nuestro homenajeado: derecho comparado, precedentes y prueba. El lector encontrará en cada uno de los trabajos un análisis crítico de las principales ideas sostenidas por Michele Taruffo en sus obras y también la respuesta de este a las distintas observaciones presentadas a debate.
Forging Path For Women's Rights In Customary Law, Tamar Ezer
Forging Path For Women's Rights In Customary Law, Tamar Ezer
Articles
No abstract provided.
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Articles
No abstract provided.
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Articles
No abstract provided.
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Articles
No abstract provided.
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Articles
Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …
The Problem Of Trans-National Libel, Lili Levi
The Problem Of Trans-National Libel, Lili Levi
Articles
Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which …
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn
Articles
Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …
The Truth About Haiti, Irwin P. Stotzky
Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer
Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer
Articles
No abstract provided.
Separation Of Powers In Brazil, Keith S. Rosenn
Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley
Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley
Articles
No abstract provided.
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Articles
No abstract provided.
Bond Covenants And Creditor Protection: Economics And Law, Theory And Practice, Substance And Process, William Wilson Bratton
Bond Covenants And Creditor Protection: Economics And Law, Theory And Practice, Substance And Process, William Wilson Bratton
Articles
This article examines contractual protection of unsecured financial creditors in US credit markets. Borrowers and lenders in the United States contract against a minimal legal background that imposes the burden of protection on the lender. A working, constantly updated, set of contractual protections has emerged in response. But actual use of available contractual technology varies widely, depending on the level of risk and the institutional context. The credit markets sort borrowers according to the degree of the risk of financial distress, imposing substantial constraints only on the borrowers with the most dangerous incentives. At the same time, the contracting practice …
Private International Law-Making For The Financial Markets, Caroline Bradley
Private International Law-Making For The Financial Markets, Caroline Bradley
Articles
No abstract provided.
Federalism In Brazil, Keith S. Rosenn
Global Markets, Racial Spaces And The Role Of Critical Race Theory In The Struggle For Community Control Of Investments: An Institutional Class Analysis, Elizabeth M. Iglesias
Global Markets, Racial Spaces And The Role Of Critical Race Theory In The Struggle For Community Control Of Investments: An Institutional Class Analysis, Elizabeth M. Iglesias
Articles
No abstract provided.
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn
Articles
No abstract provided.
Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn
Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn
Articles
No abstract provided.
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Articles
No abstract provided.
Judicial Reform In Brazil, Keith S. Rosenn
Judicial Reform In Brazil, Keith S. Rosenn
Articles
Judicial reform is currently a hotly debated topic in Brazil. The call for reform of the Brazilian judiciary, however, is anything but new. The Brazilian judiciary has been in a state of crisis since colonial days, and despite numerous attempts at reform, it remains in crisis. With the privatization of Brazil's state-owned enterprises, the growth of Mercosur, the urgent need to make Brazilian firms competitive in world markets, the emphasis upon attracting foreign investment, and the opening of Brazil's economy to foreign competition, Brazilian political leadership began to focus upon ways to reform Brazil's malfunctioning judicial system. Unfortunately, the proposed …
The German Duality Of State And Society, David Abraham
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Articles
No abstract provided.
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Articles
No abstract provided.
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn
Articles
No abstract provided.
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Articles
No abstract provided.
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Articles
No abstract provided.