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 …

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.

Donna M. Hughes

Achieving The Purpose Of Ipa- A Case Of Hit And Miss, Tammy Johnson

Tammy Johnson

Extract: The introduction of the Integrated Planning Act 1997 (Qld) ('IPA') saw planning law in Queensland implement extensive reform measures. The catch-cry for IPA was 'integration'. IPA looked to provide a completely integrated development assessment system ('IDAS'). This system sought to combat the inefficiencies experienced under the previous Local Government (Planning and Environment) Act 1990 (Qld). * Town Planning legislation in Queensland had its roots in the 1930s and until IPA the fundamental nature of the legislation had remained virtually unchanged. In its second reading speech to Parliament on 30 October 1997 * Hon. D.E. McCauley touted IPA as 'state-of-the-art …

Updates From Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr.

Donna M. Hughes

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

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 …

Львова Єлизавета Олегівна. Правове Регулювання Міжнародного Економічного Правопорядку. : Дис... Канд. Наук: 12.00.11 - 2009., Elizabeth Lvova

Elizabeth Lvova

The thesis highlights the legal regulation of international economic law order (IELO). To this end the author analyzes the conceptual structure of international economic law, classic and modern approaches to the concept of international economic law, international law order, the role of Ukraine as а member of the world association in formation and development of international economic law, and also new approach to the determination of the concept and the essence of international economic law order is offered.

The Partly Fulfilled Promise Of Home Rule In Oregon, Paul Diller

Paul Diller

No abstract provided.

How The New Federalism Failed Katrina Victims, Erin Ryan

Erin Ryan

This book chapter explores the Katrina response effort to illustrate the governmental decision-making that operates in the shadow of the interpretive model of federalism in use by courts and policymakers. In the American federal system, citizens are of both the United States and the individual states in which they reside, and subject to the respective laws of each. The Constitution enumerates those powers under which the federal government is authorized to make law, and the states may regulate in any area not preempted by legitimate federal law. Yet the fact that Americans are citizens of two separate sovereigns does not …

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Erin Ryan

As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …

The Failure Of Adversary Process In The Administrative State, Bryan T. Camp

Bryan T Camp

In a series of hearings in 1997 and 1998, Congress heard allegations that the Internal Revenue Service (“IRS” or “Service”) was abusing taxpayers during the process of collecting taxes. The resulting distrust of the tax bureaucracy led Congress to create a special adversary proceeding providing for judicial review of IRS collection decisions. The proceeding is beguilingly titled “Collection Due Process” (and commonly referred to as “CDP”). My study of CDP’s structure, operation, and of 976 court decisions issued through the end of 2006 demonstrates that it has failed to fulfill its promise. Of the over 15 million collection decisions made …

Testimony On Oh Hb 323, Foreclosure Reform, November, 2009, Kermit J. Lind

Kermit J. Lind

Testimony of KERMIT J.LIND CLINICAL PROFESSOR OF LAW CLEVELAND MARSHALL COLLEGE OF LAW CLEVELAND STATE UNIVERSITY before the HOUSING AND URBAN REVITALIZATION COMMITTEE of the OHIO HOUSE OF REPRESENTATIVES for Hearings on FORECLOSURE REFORM H.B.NO. 323

Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven

Thomas Kleven

This paper argues that the United States is systemically a highly classist and racist society, that systemic classism and racism are intimately interrelated phenomena, and that reforming this situation requires a mass movement of working class people of all ethnicities for social and racial justice for all. Section II discusses aspects of American society infected by systemic classism and racism. The focus is on the economic system, the local governmental structure, and the political process – central and interrelated features of society’s class and racial hierarchies. The thesis is that these institutions are structured and operate so as to systematically …

2009 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven

Thomas Kleven

This paper argues that the United States is systemically a highly classist and racist society, that systemic classism and racism are intimately interrelated phenomena, and that reforming this situation requires a mass movement of working class people of all ethnicities for social and racial justice for all. Section II discusses aspects of American society infected by systemic classism and racism. The focus is on the economic system, the local governmental structure, and the political process – central and interrelated features of society’s class and racial hierarchies. The thesis is that these institutions are structured and operate so as to systematically …

Do Markets Work Better Than Legal Restraints? A Response To Clayton Gillette's "Fiscal Home Rule", Paul Diller

Paul Diller

No abstract provided.

The Modern Battle Of Suffrage: The Dual Residents Right To Enfranchisement, Suketa K. Brahmbhatt

Suketa K Brahmbhatt

Restriction on second home, vacation homeowners, in special elections. The paper begins with a general overview about voting restrictions such as, prisoners, nursing home residents, and college students. First, the paper discusses the legal reasoning States have provided for restricting prisoners from voting. In addition, this section will discuss the limits on the meaning of “resident,” primarily nursing home residents. This section concludes by discussing how College students are allowed to vote and the policy reasons behind it. The next section lays out the restrictions on second homeowners (vacation homeowners) ability to vote in special elections. The rest of this …

Constituting Vanuatu: Societal, Legal And Local Perspectives,, Benedict Sheehy, Jackson Maogoto

Benedict Sheehy

Governance in Vanuatu has been a source of concern for Australia as it forms part of Australia’s ‘Arc of Instability.’ Vanuatu has adopted a modified Westminster system as that system is often advocated as the model for constitutions and governance around the world. In various former colonies local populations were expected to simply absorb its liberal democratic principles apparently on some assumption that such principles were an innate part of human nature. Most readings of history would come to a different conclusion. Vanuatu illustrates this error and the complexities of a society that not only creates a broad challenge for …

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.

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Philip J. Nyhus

No abstract provided.