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2007

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Articles 361 - 375 of 375

Full-Text Articles in Law

Body And Soul, Thomas Kohler Dec 2006

Body And Soul, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler Dec 2006

Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim Dec 2006

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Janine Kim

The advent of new defensive claims, such as the battered woman's defense and the cultural defense, has led to debates that invoke a variety of important legal and political principles on both sides of the issues. But asking whether we ought to adopt new defenses in the criminal law raises a more fundamental question: why do we ever adopt defenses in the criminal law? Two simple reasons come to mind - (1) defenses may be necessary to our system of criminal law, or (2) defenses may be good for our system of criminal law. In this Article, I consider what …


Queers, Bullying And Schools: Am I Safe Here?, Donn Short Dec 2006

Queers, Bullying And Schools: Am I Safe Here?, Donn Short

Donn Short

This article reports on interviews conducted with students and educators in various Toronto-area high schools in an attempt to gauge how and to what extent so-called "formal" law (laws, policies, regulations) interacts with other, sometimes, competing normative or- ders, such as gender codes, sexuality, race, religion, in the educational setting. This approach is necessary to understand how anti-harassment and anti-homophobia policies are complicated by these other regulating influences.


A Prisoner's Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra L. Parkes Dec 2006

A Prisoner's Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra L. Parkes

Debra L. Parkes

This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …


Local Matters: Internationalizing Strategies For U.S. Law Firms, Carole Silver Dec 2006

Local Matters: Internationalizing Strategies For U.S. Law Firms, Carole Silver

Carole Silver

No abstract provided.


Translating The U.S. Llm Experience: The Need For A Comprehensive Examination, Carole Silver, Mayer Freed Dec 2006

Translating The U.S. Llm Experience: The Need For A Comprehensive Examination, Carole Silver, Mayer Freed

Carole Silver

No abstract provided.


Reconciliation And Social Action In Cyprus: Citizens’ Inertia And The Protracted State Of Limbo, Nicos Trimikliniotis Dec 2006

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 Dec 2006

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 …


The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson Dec 2006

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

Dr Matilda Arvidsson

No abstract provided.


Direito À Informação Ou Deveres De Protecção Informativa Do Estado?,, Paulo Ferreira Da Cunha Dec 2006

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 Dec 2006

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 Dec 2006

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.


Between Disability And Terror: Handicapped Parking Space And Homeland Security At Fenway Park, Sarah Marusek Dec 2006

Between Disability And Terror: Handicapped Parking Space And Homeland Security At Fenway Park, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.


Liberdade De Expressão, Haradja L. Torrens Dec 2006

Liberdade De Expressão, Haradja L. Torrens

Haradja L Torrens

No abstract provided.