Algunos Temas Puntuales En Relacion A La Regulacion Normativa Del Proceso Contencioso-Administrativo De “Agravio” O De Lesividad En La Ley Que Regula El Proceso Contencioso Administrativo Del Peru, 2010 Pontificia Universidad Catolica del Peru
Algunos Temas Puntuales En Relacion A La Regulacion Normativa Del Proceso Contencioso-Administrativo De “Agravio” O De Lesividad En La Ley Que Regula El Proceso Contencioso Administrativo Del Peru, Ramon Huapaya Jr.
Ramon Huapaya Jr.
Es un estudio preliminar sobre el origen de una institución muy típica en el ordenamiento contencioso-administrativo del Perú, como es el proceso de agravio o de lesividad, por el cual una entidad de la Administración Pública adquiere legitimación procesal para solicitar que se declare judicialmente la nulidad de un acto emitida por ella misma, invocando que dicho acto agravia la legalidad y el interés público.
Le Opere Realizzate A Scomputo Degli Oneri Di Urbanizzazione: Un Cantiere Ancora Aperto, 2010 Università di Parma
Le Opere Realizzate A Scomputo Degli Oneri Di Urbanizzazione: Un Cantiere Ancora Aperto, Valentina Gastaldo
Valentina Gastaldo
Sommario: I. Premessa. - II. Le opere di urbanizzazione. - III. L'evoluzione normativa in tema di affidamento delle opere di urbanizzazione. - A) La sentenza della Corte di giustizia europea, Sez. VI, 12 luglio 2001. - B) La disciplina degli affidamenti delle opere di urbanizzazione nella legge Merloni. - C) Il codice dei contratti del 2006. - D) Il correttivo del 2007. - E) Le recenti novità introdotte dal terzo decreto correttivo. - IV Conclusioni
Pearson, Iqbal, And Procedural Judicial Activism, 2010 New York, NY
Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois
Goutam U Jois
In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage. …
New Governance In The Teeth Of Human Frailty: Lessons From Financial Regulation, 2010 Columbia Law School / University of British Columbia Faculty of Law
New Governance In The Teeth Of Human Frailty: Lessons From Financial Regulation, Cristie L. Ford
Cristie L. Ford
New Governance scholarship has made important theoretical and practical contributions to a broad range of regulatory arenas, including securities and financial markets regulation. In the wake of the global financial crisis, question about the scope of possibilities for this scholarship are more pressing than ever. Is new governance a full-blown alternative to existing legal structures, or is it a useful complement? Are there essential preconditions to making it work, or can a new governance strategy improve any decision making structure? If there are essential preconditions, what are they? Is new governance “modular” – that is, does it still confer benefits …
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, 2010 Columbia Law School / University of British Columbia Faculty of Law
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie L. Ford
Cristie L. Ford
This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the …
Understanding Standing: A Process Of Evaluating Variables In Specific Situations, 2010 University of Denver Sturm College of Law
Understanding Standing: A Process Of Evaluating Variables In Specific Situations, Diane M. Bales, John H. Reese
Diane M. Bales
This article is a comprehensive, multi-variable model for making standing analyses for federal courts. It is innovative in its comprehensive use of Supreme Court standing variables extracted from the Court’s opinions. Therefore, it is based on the jurisprudence of the Court and not on commentaries about the Court’s process of deciding issues of standing.
China In Context: Energy, Water, And Climate Cooperation, 2010 SelectedWorks
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.
Collaborative Community-Based Natural Resource Management, 2010 SelectedWorks
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
O Controle Da Discricionariedade Administrativa E A Discricionariedade Técnica, 2010 FGV Direito Rio
O Controle Da Discricionariedade Administrativa E A Discricionariedade Técnica, Cássio Cavalli
Cássio Cavalli
Este artigo aborda o tema da discricionariedade administrativa e da discricionariedade técnica com o intuito de verificar os limites do controle jurisdicional dos atos administrativos.
Marbury V. Madison And The Foundation Of Law, 2010 Liberty University
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, 2010 Liberty University
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Tribal Land Laws In Andhra Pradesh, 2010 NALSAR University of Law
Section 4 Of The Hindu Succession Act Of 1956, 2010 NALSAR University of Law
Section 4 Of The Hindu Succession Act Of 1956, Hari Priya
Hari Priya
A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, 2010 University of Maryland School of Law
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Keats Citron
Faculty Scholarship
The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …
Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, 2010 University of Maryland Francis King Carey School of Law
Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale
Faculty Scholarship
Internet service providers and search engines have mapped the web, accelerated e-commerce, and empowered new communities. They also pose new challenges for law. Individuals are rapidly losing the ability to affect their own image on the web - or even to know what data are presented about them. When web users attempt to find information or entertainment, they have little assurance that a carrier or search engine is not biasing the presentation of results in accordance with its own commercial interests.
Technology’s impact on privacy and democratic culture needs to be at the center of internet policy-making. Yet before they …
Fcc V. Fox Television Stations, Inc.: Dirty Words And Messy Logic - The Supreme Court's Failure To Fix Broadcast Media Regulation, 2010 University of Maryland Francis King Carey School of Law
Fcc V. Fox Television Stations, Inc.: Dirty Words And Messy Logic - The Supreme Court's Failure To Fix Broadcast Media Regulation, Edward J. Reilly
Maryland Law Review Online
No abstract provided.
A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, Heidi M. Staudenmaier, Ruth K. Khalsa
UNLV Gaming Law Journal
When the Indian Reorganization Act1 (“IRA”) was passed in 1934, it officially defined an “Indian” as a member of a recognized tribe “now under federal jurisdiction.” For nearly three-quarters of a century, this definition of an Indian and an Indian tribe — hallmarked by the four-word phrase “now under federal jurisdiction” — guided federal policy and agency action on a host of matters, including management of federal lands, land-into-trust acquisitions made on behalf of tribes, and — after 1988 — application of the Indian Gaming Regulatory Act (“IGRA”).
In February 2009, however, the United States Supreme Court upended seventy-five years …
Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), 2010 The John Marshall Law School
Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, 2010 Georgetown University Law Center
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
Richmond Journal of Global Law & Business
Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .” Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former Second Circuit Judge Henry Friendly expressed just such angst in the introduction to his 1969 Duke Law Journal article, in which he attempted to discern bright-line rules in the Supreme Court’s 1943 SEC v. Chenery decision: “Although when I began my labors, I had the hope of discovering a bright …
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, 2010 American University Washington College of Law
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
The Modern American
No abstract provided.