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Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Landscape For Ordinary Americans, Gillian K. Hadfield 2009 University of Southern California Law

Higher Demand, Lower Supply? A Comparative Assessment Of The Legal Landscape For Ordinary Americans, Gillian K. Hadfield

Gillian K Hadfield

81818app手机版下载In this paper I review the small amount of available data on the extent to which ordinary individuals in the U.S. have access to legal resources to navigate the law-thick world that Robert Kagan has famously called ‘adversarial legalism—the American way of law.’ I present this data in comparative context, relating what (little) we know about the availability of law in the U.S. to what (little) we know about the availability of law in other advanced societies and in countries transitioning to legally-mediated market democracy. I review first a set of ‘legal needs’ surveys that ask households ...


Da Ilicitude Como Uma Das Belas Artes, Victor J. Calvete 2009 Universidade de Coimbra

Da Ilicitude Como Uma Das Belas Artes, Victor J. Calvete

Victor J. Calvete

81818app手机版下载Main Points: - Economic law is prone to change: as Bernard Mandeville put it in 1705, "Their laws and cloths were equally/ Objects of mutability;/ for what was well done for a time,/ in half a year became a crime;" - If that is broadly so, it is even more so in what concerns a number of economic actions that fall under the antitrust laws, namely, Resale Price Maintenance (RPM); - The story of RPM in the USA is so full of U-turns that leaves your head spinning; and even if you cut that long story short, its "legal technicality" used to read ...


O Controlo Jurisdicional Da Actividade Da Autoridade Da Concorrência, Victor J. Calvete 2009 Universidade de Coimbra 81818app手机版下载

O Controlo Jurisdicional Da Actividade Da Autoridade Da Concorrência, Victor J. Calvete

Victor J. Calvete

Actions - and omissions - of the Portuguese Competition Authority (AdC) are bound to be reviewed by the courts, if parties injured so decide. However, the legal framework that provides for that review is somehow complex - and the more so after Law n.º 52/2008, of August 28, changed the powers of the Commercial Courts. The ensuing analysis predates those changes (accounted for in the final version), and provides a comprehensive guide of the different paths to be followed in reaction to the actions/omissions of the AdC, as well as cautionary warnings on some of the traps along the way.


Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres 2009 Georgia State University College of Law

Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, efforts to ...


The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez 2009 Seattle University

The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez

Carmen G. Gonzalez

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate ...


China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez 2009 Seattle University

China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez

Carmen G. Gonzalez

The growing economic and political ties between China and Latin America have sparked controversy among scholars, pundits, and policy-makers. Some scholars contend that China is a rising imperial power scouring the globe for natural resources, exploiting less powerful nations, and rejecting international environmental agreements that would curb its profligate consumption of the world’s natural resources. Others applaud China’s unorthodox development strategies and portray China as a successful model for developing countries and as a welcome counterweight to U.S. economic and political hegemony. This paper interrogates the competing narratives about China’s growing influence in Latin America and ...


El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado 2009 Seattle University 81818app手机版下载

El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado

Carmen G. Gonzalez

The articles collected in this volume critically examine the hegemony of market fundamentalism in law, politics, and social theory. They question the underlying premises of market fundamentalism as well as the social, economic, cultural and environmental consequences of policies inspired by this ideology. The authors represent several disciplines (law, economics, anthropology) and various countries (Argentina, Brazil, Colombia, Mexico, the United States, and Venezuela). The topics covered include free trade agreements, Argentina's financial crisis, deregulation in Brazil, the judicial enforcement of economic and social rights, climate change, and the impact of trade liberalization on violence against women. The articles were ...


Imbalanced Sex Ratio At Birth And Women’S Human Rights In China: A Rights Analysis And Comparative Implications, Jiayu Zhang 2009 Chinese University of Hong Kong

Imbalanced Sex Ratio At Birth And Women’S Human Rights In China: A Rights Analysis And Comparative Implications, Jiayu Zhang

Dr. Jiayu Zhang

81818app手机版下载Sex Ratio at Birth (SRB) is the ratio of the number of girls born to the number of boys. From the 1980s, the SRB in China has been below the normal level and has kept an overall decreasing trend till today. SRB and women’s status are closely related, it is evident that a declining SRB indicates worsening female advantages. However, most relevant studies have been male-centered and inadequate in analyzing the consequences of the abnormal SRB in China. Instead, this paper will focus on the causal relation between the skewed SRB and women’s human rights, so the existing ...


Teaching Privacy In The Age Of Octomom: Enhancing Case/Socratic Method With Structured Class Discussion, Constance A. Anastopoulo, Thomas P. Gressette, Jr. 2009 Charleston School of Law

Teaching Privacy In The Age Of Octomom: Enhancing Case/Socratic Method With Structured Class Discussion, Constance A. Anastopoulo, Thomas P. Gressette, Jr.

Constance A. Anastopoulo

No abstract provided.


La Protección Jurídica Internacional De La Libertad Religiosa, Jorge Adame Goddard 2009 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM) 81818app手机版下载

La Protección Jurídica Internacional De La Libertad Religiosa, Jorge Adame Goddard

Jorge Adame Goddard

Análisis de la protección de la libertad religiosa en los principales tratados internacionales de derechos humanos.


El Derecho De Los Contratos Internacionales, Jorge Adame Goddard 2009 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM) 81818app手机版下载

El Derecho De Los Contratos Internacionales, Jorge Adame Goddard

Jorge Adame Goddard

81818app手机版下载Presenta los diversos ordenamientos jurídicos (tratados, costumbres, recopilaciones de principios) aplicables hoy a los contratos internacionales


Asimilación Y Rechazo En México Del Sistema De Relaciones Entre La Iglesia Y El Estado Contemplado En La Constitución De Cádiz, Jorge Adame Goddard 2009 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM) 81818app手机版下载

Asimilación Y Rechazo En México Del Sistema De Relaciones Entre La Iglesia Y El Estado Contemplado En La Constitución De Cádiz, Jorge Adame Goddard

Jorge Adame Goddard

No abstract provided.


Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, carlos luiz strapazzon 2009 Western University of Santa Catarina State (UNOESC); University Positivo School of Law

Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

Brazilian Courts, in order to guarantee social rights, should take into account the scarcity of resources and the principle of equality so as not favoring anyone with features that are intended for everyone. Given this limitation, how the Judicial Power might act with respect to the realization of social rights? It has down increased attention how, in Brazil, the Judicial Power, especially the Supreme Court and the Superior Court, have interfered in Executive discretion so as to protect social rights, as health rights or educational rights. This article aims to explain how it occurs in Brazil and verify, on the ...


Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin PhD, Lynn M. Paltrow JD 2009 Fordham University 81818app手机版下载

Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin Phd, Lynn M. Paltrow Jd

Jeanne M Flavin

The arrests, detentions, prosecutions, and other legal actions taken against drug-dependent pregnant women distract attention from significant social problems, such as our lack of universal health care, the dearth of policies to support pregnant and parenting women, the absence of social supports for children, and the overall failure of the drug war. The attempts to “protect the fetus” undertaken through the criminal justice system (as well as in family and drug courts) actually undermine maternal and fetal health and discourage efforts to identify and implement effective strategies for addressing the needs of pregnant drug users and their families. In this ...


Laying To Rest An Ancien Regime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet 2009 University of Oklahoma College of Law

Laying To Rest An Ancien Regime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet

Christopher K. Odinet

Man faces unprecedented challenges as he barrels through the twenty-first century. The world is now approaching a population of seven billion people, concentrated largely in crowded, overdeveloped urban centers. Global climate change is predicted to cause massive population displacement related to the disappearance of coastal lands and to create dire food shortages within the coming decade. Increasingly, societies are forced to make systemic adaptations to handle the strain of these modern-day crises. Governments must be innovative and adaptive in their efforts to protect the public. When the fundamental goals and objectives of society alter, the law should be modified to ...


Procedural Adequacy, Elizabeth Chamblee Burch 2009 University of Georgia School of Law 81818app手机版下载

Procedural Adequacy, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009). I explore Professor Tidmarsh’s proposed “do no harm” approach to adequate representation in class actions from a procedural legitimacy perspective. I begin by considering the assumption underlying his alternative, namely that in any given class action both attorneys and class representatives tend to act as self-interested homo economicus and we must therefore tailor the adequacy requirement to curb self-interest only in so far as it makes class members worse off than they would be with individual litigation. Adopting the “do ...


Withdrawing From Custom And The Paradox Of Consensualism In International Law, Chin Leng Lim, Olufemi Elias 2009 University of Hong Kong

Withdrawing From Custom And The Paradox Of Consensualism In International Law, Chin Leng Lim, Olufemi Elias

Chin Leng Lim

81818app手机版下载In their excellent article, Withdrawing from International Custom, Professors Curtis Bradley and Mitu Gulati call into question the prevailing conception of customary international law, according to which states “never have the legal right to withdraw unilaterally from customary law” (the “Mandatory View”). Bradley and Gulati question the intellectual history and functional desirability of the Mandatory View, and they identify “significant uncertainties about how the Mandatory View would work in practice.” Their observations appear to us to be convincing. If the basis of the Mandatory View is not convincing, then its main tenets, such as the absence of a right of ...


Debates On The Rights Of Prisoners Of War In Islamic Law, Muhammad Munir Dr 2009 International Islamic University, Islamabad

Debates On The Rights Of Prisoners Of War In Islamic Law, Muhammad Munir Dr

Dr. Muhammad Munir

This paper explores the rights of protection available to the prisoners of war under Islamic law. It analyzes the differences of opinion among the early fuqaha’ regarding the POWs. The paper finds that the Qur’an mentions only two ways to terminate captivity, that is, mann (freedom gratis) and fida’ (ransom) (Qur’an 47: 4) a verse that was not superseded; that ransom was taken by the Prophet only from the POWs of Badr whereas the general practice of the Prophet (peace be on him) and his caliphs was to set POWs free without any condition or ransom. Non-Muslim states ...


Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce MacDougall 2009 University of British Columbia

Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall

Bruce MacDougall

Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual ...


I Have Federal Pleading All Figured Out, Bradley S. Shannon 2009 Florida Coastal School of Law

I Have Federal Pleading All Figured Out, Bradley S. Shannon

Bradley Scott Shannon

Actually (and to no one's surprise), I do not have federal pleading all figured out. But federal civil pleading is the topic of this draft article. The article considers various aspects of federal pleading under the Federal Rules of Civil Procedure and following the Supreme Court's decisions in Twombly and Iqbal in terms of what appear to be the three major types of pleading defects: factual insufficiency, legal insufficiency, and insufficiency of proof. The article also considers the problems posed by frivolous complaints and the divergence of federal and state pleading standards. Along the way, the article reaches ...