838 resultados para Case Law
Resumo:
This paper examines the applicability of Zipf's law to tourism. It is established that a variation of this law holds in this case - a rank-size rule with concavity. Due to this non-linearity, it is shown that a spline regression provides an extremely convenient tool for predicting tourist arrivals in a country. The concavity is explained by appealing to random growth theory (lognormal distribution; Gibrat's law) and locational fundamentals.
Resumo:
Climate change, global warming, rising sea levels, ice cap melting, carbon taxes and trading schemes etc. are all major environmental issues that confront the modern world. Universities are now trying to ensure that their students graduate with an understanding of environmental sustainability regardless of their field of expertise.
This study investigates 181 undergraduate and 155 post graduate business and law units from five schools within an Australian University to see how they embed environmental sustainability into their existing curriculums. It also examines how environmental sustainability fits into the scaffolding of the main Bachelor of Commerce degree and how each school plays its part into the overall development of graduates’ understanding of environmental sustainability. In July and December 2011 all unit chairs in the Faculty of Business and Law at Deakin University were asked if and how environmental sustainability was included in their units.
Of the 336 unit chairs that completed the survey, 37% of those unit chairs replied positively and of the remainder, the vast majority of these believed environmental sustainability was not applicable to their unit. However, measuring the effectiveness of the introduction of environmental sustainability into the curriculum is extremely difficult and this is often done by student assessment methods. Only 7% of the units actually carried out any assessment of the students’ knowledge of environmental sustainability.
The findings across the faculty were mixed, with Post Graduate units and Management and Marketing courses being very strong in embedding environmental sustainability into their curriculum. The Bachelor of Commerce Degree students, especially those with Management or Marketing majors received a good grounding in environmental sustainability.
These findings have implications for course and curriculum designers who are trying to effectively embed environmental sustainability into the scaffolding of their existing educational courses.
Resumo:
The New Law of Torts Case Book is a collection of edited cases, designed as a companion to The New Law of Torts textbook. It provides students with access to a carefully selected range of case extracts of seminal judgements that have created and shaped the modern law of torts, provides examples of judicial reasoning and illustrates approaches to doctrines that govern the interpretation and construction of statutes. Cases extracted in this volume allow the readers to form their own opinions and perspectives on themes and issues presented in the textbook. New to this edition Expanded collection of case extracts that mirror the table of contents of principles text. Recent key cases that have been added include: Wallace v Cam [2013] HCA19 – relates to remoteness of damage and causation and proof of breach Strong v Woolworths [2012] HCA 5; 246 CLR 182 – relates to Breach of Duty of Care and Causation and Proof of Breach Levy v Watt and Anor [2014] VSCA 60 – relates to Torts of Intentional Interference with Goods and Personal Property and Defences to Intentional Torts
Resumo:
This paper presents the result of a qualitative empirical research about the “Criatec Fund”, a venture capital fund, privately managed and directed to innovative firms, that was created in 2007 by the Brazilian Development Bank (BNDES). The paper discusses the role of law in the implementation of the Criatec Fund in three different legal dimensions: structural, regulatory and contractual. Based on interviews, this paper tries to test some hypothesis previously formulated by some scholars that studied new financial policies created by the BNDES. This study explains the institutional arrangements of this seed capital policy and the role of flexible legal instruments in the execution of this peculiar type of publicprivate partnership. It also poses some questions to the “law and development agenda” based on some insights from the economic sociology of law.
Resumo:
Conventional wisdom holds that economic analysis of law is either embryonic or nonexistent outside of the United States generally and in civil law jurisdictions in particular. Existing explanations for the assumed lack of interest in the application of economic reasoning to legal problems range from the different structure of legal education and academia outside of the United States to the peculiar characteristics of civilian legal systems. This paper challenges this view by documenting and explaining the growing use of economic reasoning by Brazilian courts. We argue that, given the ever-greater role of courts in the formulation of public policies, the application of legal principles and rules increasingly calls for a theory of human behavior (such as that provided by economics) to help foresee the likely aggregate consequences of different interpretations of the law. Consistent with the traditional role of civilian legal scholarship in providing guidance for the application of law by courts, the further development of law and economics in Brazil is therefore likely to be mostly driven by judicial demand.
Resumo:
Despite the federal government’s well known expansive reach in creating and enforcing immigration law, the states retain substantial authority to play an important role in migrants’ lives. Through their traditional powers to adopt criminal statutes and police their communities, states can indirectly — but intentionally — inject themselves into the incidents of ordinary life as a migrant. Colorado’s human smuggling statute, currently being challenged before the state supreme court, illustrates this type of state regulation of migration. This essay addresses the statute’s reach, its shaky constitutional footing, and places it in a broader context in which states criminalize immigration-related activity.
