Social cohesion: inclusion and a sense of belonging in Latin America and the Caribbean. Summary

Includes bibliography

Mandonismo e cultura política pós-1985

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

The importance of a good relationship between patient/dentist based on the obtaining of an informed consenr to prevent lawsuits

The increased number of law suits in the Dentistry field constitutes an international trend. Patients well informed by the media and supported by the law sue their dentists, when they judge they were victim of bad practice. Professionals even with all discussion about this subject do not have the habit of prevent themselves. It is known that for a defensive practice the best way to avoid litigation is a good relationship with patient, based on dialog and on informed consent. This relation is very important, since patients who rely on their dentists rarely take them to justice. Hence, this article discusses the importance of this relation, as well as the obtaining of informed consent in order to prevent lawsuits.

Valorização do trabalho docente ou uma miríade de novas responsabilidades e exigências ao professor nos decretos do governo paulista?

Pós-graduação em Educação - IBRC

O ensino religioso na escola pública: regras que cooperam para sua organização

Pós-graduação em Educação - FCT

Review of Laws and Societies in the Canadian Prairie West, 1670-1940 Edited by Louis A. Knafla and Jonathan Swainger

For all intents and purposes, the settlement of the Canadian prairie was the founding of a new society using materials brought to the new land along with those close at hand. Of course, preexisting aboriginal society had to be supplanted in the course of this founding. In both the supplanting and the founding, the rule of law as we currently know it was a principal means and end of the settlement process.

Termination of Desegregation Decrees and the Elusive Meaning of Unitary Status

Discusses the termination of desegregation decrees and the elusive meaning of unitary status, first introducing the topic and then covering Jenkins III and providing an overview of desegregation scholarship including discretion, capacity, and legitima. Also discusses the evolution of equity, including English equity, American equity, and equity and desegregation. Explores the concepts of relevant rights and interests, focusing on Hohfeld, the interest theory of rights, and the application of the rights theory. The conclusion posits that what remains is a complicated and confused desegregation jurisprudence, and that the lines that separate desegregation from integration from diversity, if there ever were such lines, are blurring. A discussion of the theoretical premises underlying desegregation appears to continue to be necessary.

Perceptions of Procedural and Distributive Justice in the September 11th Victim Compensation Fund

The September l1th Victim Compensation Fund (the Fund) was created in response to the terrorist attacks of September 11, 2001. Much has been written about the Fund, both pro and con, in both popular media and scholarly literature. Perhaps the most widely used term in referring to the Fund is "unprecedented." The Fund is intriguing for many reasons, particularly for its public policy implications and its impact on the claimants themselves. The federal government has never before provided compensation to victims of terrorism through a special master who had virtually unlimited discretion in determining awards. Consequently, this formal allocation of money by a representative of the federal government to its citizens has provided an opportunity to test theories of procedural and distributive justice in a novel context. This article tests these theories by analyzing the results of a study of the Fund's claimants. Part I provides general background, summarizes existing commentary on the Fund, and discusses prior research on social justice that is relevant to the 9/11 claimants' experiences with the Fund. Part II of this article describes the methodology behind the study, in which seventy-one individuals who filed claims with the Fund completed surveys about their experiences with and perceptions of the Fund. Part III discusses the survey results. We found that participants were reasonably satisfied with the procedural aspects of the Fund, such as representatives' impartiality and respectful treatment. Participants were less satisfied, however, with the distributive aspects of the Fund, such as the unequal distribution of compensation and the reduction in compensation if claimants received compensation from other sources (e.g., life insurance). Part IV of this article addresses the implications of the study results for public policy and for theories of social justice.

United States v. Steinmetz: The Legal Legacy of the Civil War, Revisited

One of the enduring and yet unresolved issues concerning the Civil War is its legal nature: Was it an insurrection or an international war? During the war and since, the United States courts have repeatedly been called upon to determine the status of property which was under the control of the Confederacy and its agents during the Civil War. In the process of making such determinations, the courts have reopened questions about the war's legal status. United States v. Steinmetz is such a case.

The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

Oltre Oceano: Altri orizzonti del possibile. Epistemiologie di Abya Yala e progettualità esistenziale “Lekil Kuxlejal,Sumak Kawsay, Kajkrasa Ruyina”. Filosofie della Terra per una Pedagogia del Buen Vivir

Questo elaborato propone alcune riflessioni sulla necessità urgente di un nuovo paradigma educativo, mediante la re-organizzazione delle scienze della conoscenza, scienze in parole di Morin, “disgiunte e frazionate, inadeguate ad affrontare problemi che richiedono oggi approcci multidisciplinari”. La sfida: affrontare i nuovi problemi di una convivenza planetaria, attraverso le connessioni del pensiero ecologico, in questo studio asse centrale delle cosmovisioni e della Sapienza ancestrale dei Popoli di AbyaYala (America Latina). Popoli in cui la Vita come orizzonte di Armonia ed Equilibrio si concretizza in pratiche di Vita Quotidiana grazie ad una Pedagogia del BuenVivir, inclusiva e partecipativa, rispettosa della diversità biologica e delle differenze culturali, nonché della Sacralità della Terra e della Vita in tutte le sue manifestazioni. La cornice teorica considerata fa riferimento in modo particolare a: L’Ecologia della Mente (Bateson); Il problematicismo Pedagogico e l’Educazione alla Progettualità Esistenziale (G.M.Bertin, Contini); l’Ecologia dei Saperi e le Epistemologie del Sud (Boaventura di Sousa Santos, sociologo portoghese), in modo da tessere ponti di dialogo fra le diverse discipline, in particolare fra la pedagogia, la geografia, l’antropologia, la filosofia, la sociologia, la letteratura, il diritto e anche con le neuroscienze.

Fattori relazionali e di coordinamento nella filiera agro-alimentare: una valutazione della governance relazionale nel settore lattiero caseario sardo

Characteristics of modern food demand force retailers to acquire more information about product process along the food supply chain to ensure that product are in accordance with consumer preference. Therefore, the product process involves more information flows between buyer and supplier which requires collaborative efforts. These changes translate into several studies on the inter-organizational relationship in agri-food systems. Studies on inter-organizational relationships have been conducted in various academic disciplines, including sociology, psychology, law, economics, marketing, management, and combination of these. Inter-organizational relationships is an interaction between organizations which involved firms horizontally, as well as, vertically. In this study we deal with vertical, buyer-seller relationship which are sometimes referred to chain relationships. We define vertical business relationship in the agriculture-food based sector as “agri-food chain relationships”. The focus is on sustainable inter-organizational relationships in a way that they can be scientifically investigated. We study characteristics which ensure that a relationship is long-lasting and rewarding for all involved parties in the sardinian dairy. We test the theoretical model using structural equation modeling. The results suggest that the most important determinant for the relationships is technology and the price isn’t significant for the relationship governance.

Interpreting Judgements using Knowledge Representation Methods and Computational Models of Argument

The goal of the present research is to define a Semantic Web framework for precedent modelling, by using knowledge extracted from text, metadata, and rules, while maintaining a strong text-to-knowledge morphism between legal text and legal concepts, in order to fill the gap between legal document and its semantics. The framework is composed of four different models that make use of standard languages from the Semantic Web stack of technologies: a document metadata structure, modelling the main parts of a judgement, and creating a bridge between a text and its semantic annotations of legal concepts; a legal core ontology, modelling abstract legal concepts and institutions contained in a rule of law; a legal domain ontology, modelling the main legal concepts in a specific domain concerned by case-law; an argumentation system, modelling the structure of argumentation. The input to the framework includes metadata associated with judicial concepts, and an ontology library representing the structure of case-law. The research relies on the previous efforts of the community in the field of legal knowledge representation and rule interchange for applications in the legal domain, in order to apply the theory to a set of real legal documents, stressing the OWL axioms definitions as much as possible in order to enable them to provide a semantically powerful representation of the legal document and a solid ground for an argumentation system using a defeasible subset of predicate logics. It appears that some new features of OWL2 unlock useful reasoning features for legal knowledge, especially if combined with defeasible rules and argumentation schemes. The main task is thus to formalize legal concepts and argumentation patterns contained in a judgement, with the following requirement: to check, validate and reuse the discourse of a judge - and the argumentation he produces - as expressed by the judicial text.

Sanctions and public enforcement of insider trading laws in Europe

The recent financial crisis triggered an increasing demand for financial regulation to counteract the potential negative economic effects of the evermore complex operations and instruments available on financial markets. As a result, insider trading regulation counts amongst the relatively recent but particularly active regulation battles in Europe and overseas. Claims for more transparency and equitable securities markets proliferate, ranging from concerns about investor protection to global market stability. The internationalization of the world’s securities market has challenged traditional notions of regulation and enforcement. Considering that insider trading is currently forbidden all over Europe, this study follows a law and economics approach in identifying how this prohibition should be enforced. More precisely, the study investigates first whether criminal law is necessary under all circumstances to enforce insider trading; second, if it should be introduced at EU level. This study provides evidence of law and economics theoretical logic underlying the legal mechanisms that guide sanctioning and public enforcement of the insider trading prohibition by identifying optimal forms, natures and types of sanctions that effectively induce insider trading deterrence. The analysis further aims to reveal the economic rationality that drives the potential need for harmonization of criminal enforcement of insider trading laws within the European environment by proceeding to a comparative analysis of the current legislations of height selected Member States. This work also assesses the European Union’s most recent initiative through a critical analysis of the proposal for a Directive on criminal sanctions for Market Abuse. Based on the conclusions drawn from its close analysis, the study takes on the challenge of analyzing whether or not the actual European public enforcement of the laws prohibiting insider trading is coherent with the theoretical law and economics recommendations, and how these enforcement practices could be improved.

'Listen, Rama’s Wife!’: Maithil Women’s Perspectives and Practices in the Festival of Sāmā-Cakevā

As a female-only festival in a significantly gender-segregated society, sāmā cakevā provides a window into Maithil women’s understandings of their society and the sacred, cultural subjectivities, moral frameworks, and projects of self-construction. The festival reminds us that to read male-female relations under patriarchal social formations as a dichotomy between the empowered and the disempowered ignores the porous boundaries between the two in which negotiations and tradeoffs create a symbiotic reliance. Specifically, the festival names two oppositional camps—the male world of law and the female world of relationships—and then creates a male character, the brother, who moves between the two, loyal to each, betraying, in a sense, each, but demonstrating, by his movements, the currents and avenues of power. This article makes available to other scholars of South Asian culture and society an extended description and analysis of this distinctive festival, while also contributing to the scholarly discussion of women’s expressive traditions.