The margin of appreciation, domestic irregularity and domestic court rulings in ECHR environmental jurisprudence: Global legal pluralism in action

Global legal pluralism is concerned, inter alia, with the growing multiplicity of normative legal orders and the ways in which these different orders intersect and are accommodated with one another. The different means used for accommodation will have a critical bearing on how individuals fare within them. This article examines the recent environmental jurisprudence of the European Court of Human Rights to explore some of the means of reaching an accommodation between national legal orders and the European Convention. Certain types of accommodation – such as the margin of appreciation given to states by the Court – are well known. In essence, such mechanisms of legal pluralism raise a presumptive barrier which generally works for the state and against the individual rights-bearer. However, the principal focus of the current article is on a less well-known, recent set of pluralistic devices employed by the Court, which typically operate presumptively in the other direction, in favour of the individual. First, the Court looks to instances of breaches of domestic environmental law (albeit not in isolation); and second, it places an emphasis on whether domestic courts have ruled against the relevant activity. Where domestic standards have been breached or national courts have ruled against the state, then, presumptive weight is typically shifted towards the individual.

Playing Kant at the Court of King Arthur

This article contrasts the sense in which those whom Bernard Williams called ‘political realists’ and John Rawls are committed to the idea that political philosophy has to be distinctively political. Distinguishing the realist critique of political moralism from debates over ideal and non-ideal theory, it is argued that Rawls is more realist than many realists realise, and that realists can learn more about how to make a distinctively political vision of how our life together should be organised from his theorising, although it also points to a worrying tendency among Rawlsians to reach for inappropriately moralised arguments. G. A. Cohen’s advocacy of socialism and the second season of HBO’s The Wire are used as examples to illustrate these points.

Economic evidence in regulatory disputes: revisiting the court-regulatory agency relationship in the US and the UK

This article examines the issue of the appropriate scope of review of economic evidence enshrined in the discretionary assessments of utility regulators in the US and the UK. It advances a balance of institutional competencies approach to the question of the degree of deference owed to the regulatory agency’s economic assessments. In doing so, it revisits the doctrinal positions advanced in the US and UK for the substantive review of administrative discretion, so as to become attuned to the challenges posed by economic evidence. Drawing on insights from political science and economics, the suggested approach illuminates the institutional disadvantages of the courts that may warrant a high degree of deference. At the same time, however, it remains sensitive to the polycentric elements of regulatory disputes as well as to a number of institutional realties that may attenuate the weight of such comparative institutional disadvantages.

Leaving the Court, But Never the Team: Legendary coach Dick Whitmore retires after 40 years, but his relationship with his "basketball people" endures

Legendary coach Dick Whitmore retires after 40 years, but his relationship with his “basketball people” endures.

February 2010: United States Supreme Court Cases

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Sacredness of the constitutional text and interpretative heresy: the Brazilian Supreme Court decision on same-sex civil unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Information mining and visualization of data from the Brazilian Supreme Court (STF): a case study

EMAp - Escola de Matemática Aplicada

Sports injuries among adolescent basketball players according to position on the court

Background: The participation of children and adolescents in sports, including basketball, is becoming increasingly common, and this increased involvement raises concerns about the potential risk of sports injuries. Objective. To analyze the occurrence of sports injuries among young basketball players according to their position on the court and to associate these injuries with risk factors. Method. A retrospective, epidemiological study. A sample consisting of 204 basketball players with a mean age of 14.33 ± 1.19 years participated in the study. The players were interviewed using a reported condition questionnaire containing anthropometric and training data as well as information on injuries during the previous 12 months. Results: The frequency of injury was highest among the shooting guards (47.8%), followed by the centers (34.8%) and point guards (17.4%). Among the 204 participants, 40 players reported a total of 46 injuries, representing 0.22 injuries per participant and 1.15 injuries per injured participant. For the shooting guards and centers, statistically significant differences between injured and non-injured players were found related to age, weight, height, length of time in training and number of weekly practice hours (p < 0.05). For point guards, a statistically significant difference between injured and non-injured players was found based on weight alone (p < 0.05). Conclusion: The occurrence of injuries among basketball players was low. Injuries were associated with both intrinsic and extrinsic factors among shooting guards and centers, whereas injuries were only associated with weight among point guards. © 2013 Vanderlei et al; licensee BioMed Central Ltd.

Haïti: questions relatives au développement a court et a long terme

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Court cleaning behavior of the white-bearded manakin (manacus manacus) and a test of the anti-predation hypothesis

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Sacredness of the constitutional text and interpretive heresy: the brazilian supreme court decision on same-sex unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.