Enforcing Employment Discrimination Law - Potential Transplants from Italy to Britain and Vice Versa?

While substantive EU non-discrimination law has been harmonized in great detail, the enforcement regime for EU non-discrimination law consists merely of a few isolated elements. Thus, the pursuit of unity through harmonization in substantive EU law is accompanied by considerable regulatory autonomy for Member States in securing the efficiency of those laws, reflecting the diversity of national enforcement regimes, and resulting in twenty-seven different national models for enforcing discrimination law in labour markets. This article pursues two connected arguments through a comparison of rules for enforcing non-discrimination law in labour markets in Britain and Italy. First, it argues that enforcing non-discrimination law in labour markets is best achieved when responsive governance, repressive regulation and mainstreaming equality law are combined. Second, the article submits that diversity of national legal orders within the EU is not necessarily detrimental, as it offers opportunities for mutual learning across legal systems.The notion of mutual learning across systems is proposed in order to analyse the transnational migration of legal ideas within the EU. Such migration has been criticized in debates about the ‘transplantation’ of legal concepts or legal irritation through foreign legal ideas, in particular by comparative labour lawyers. However, EU harmonization policies in the field of non-discrimination law aim to impact on national labour laws. The article develops the notion of mutual learning across legal systems in order to establish conditions for transnational migration of legal ideas, and demonstrates the viability of these concepts by applying them to the field of non-discrimination law

European Union non-discrimination law and intersectionality:Investigating the triangle of racial, gender and disability discrimination

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality.

A Eulogy to Seed Sharing: Manufacturing Genuine Scarcity

Seeds are traditionally considered as common or even public goods, their traits as ‘products of nature’. They are also essential to biodiversity, food security and food sovereignty. However, a suite of techno-legal interventions has legislated the enclosure of seeds: seed patents, plant variety protections, and stewardship agreements. These instruments create and protect private proprietary interests over plant material and point to the interface between seeds, capitalism, and law. In the following article, we consider the latest innovations, the bulk of which have been directed toward genetically disabling the reproductive capacities of seeds (terminator technology) or tying these capacities to outputs (‘round-up necessary’). In both instances, scarcity moves from artificial to real.
For the agro-industrial complex, the innovations are perfectly rational as they can simultaneously control supply and demand. For those outside the complex, however, the consequences are potentially ruinous. The practices of seed-saving and exchange no longer are feasible, even covertly. Contemporary genetic controls have upped the ante, by either disabling the reproductive capacity of seeds or, through cross-pollination and outcrossing, facilitating the autonomous spread of the genetic modifications that are importantly still traceable, identifiable and therefore capable of legal protection. In both instances, genuine scarcity becomes the new standard as private interests dominate what was a public sphere.

Corrupção e poder local: transparência dos sítios web: estudo de caso

O presente trabalho versa sobre a temática da corrupção como fenómeno global e a sua influência nas mais diversos setores da atividade politica, social e económica. A sua prevenção e combate tem sido objeto das mais variadas intervenções a nível mundial, através da criação de organismos e mecanismos legais. No contexto nacional, esta problemática tem feito parte das políticas governamentais de vários governos, através da adoção dos vários mecanismos internacionais ratificados e transpostos para o ordenamento jurídico interno português, ao abrigo dos quais foram criados mecanismos de foro institucional e legislativo, como forma de tornar a sua atuação cada vez mais transparente. Entendemos realizar este estudo na perspetiva do poder local (municípios) e respetivos sítios web e tendo em conta que a informação é o pilar de uma Administração aberta e transparente aos cidadãos, quer na sua atuação, quer na sua responsabilização. Propõe-se neste estudo observar como se refletem as diversas imposições legislativas em matéria de informação (produção e publicidade) e demais mecanismos, na atuação dos municípios, sob ponto de vista da sua implementação nos sítios web. Para tal recorremos à vasta matéria legislativa existente e delineamos a nossa investigação ao abrigo da questão principal formulada, para qual propusemos algumas hipóteses de investigação, que nos propusemos aferir pela observação e análise on-line ao sítio web definido. As conclusões indicam que as questões de transparência e informação são o objetivo primordial de qualquer Administração aberta e responsável, cujo objetivo seja a prossecução do interesse público. Para além disso, constata-se que os diversos mecanismos legislativos constituem forte comprometimento na sua implementação, bem como condicionam a atuação dos decisores públicos em termos de desvios de comportamento e responsabilização.

Brazilian savanna forest : conservation, medicinal reservoir and bioprospecting

This study aimed to analyse the Brazilian savanna forest from a Legal Reserve (LR) area from a perspective of conservation, reservoir of organic carbon and medicinal biomass for a prospective use of native medicinal plants. An ethnobotanical and ethnopharmacological survey was carried out close to a community settled in the rural area in the south of Tocantins, being selected 9 of the most cited species (cajuí- Anacardium othonianum; inharé-Brosimum gaudichaudii; jatobá-Hymenaeae courbaril; jenipapo-Genipa americana, aroeira-Myracrodruon urundeuva; negramina-Siparuna guianensis; barbatimão- Stryphnodendron obovatum; assa peixe-Vernonia brasiliana, embaúba-Cecropia pachystachya). Crude foliar extracts were subjected to a preliminary phytochemical prospection and triage of secondary metabolites with antimicrobial activity of potential interest in health and familiar agriculture. Phenolic compounds, terpenes and flavonoids were detected in the extracts of most species, which suggests the presence of antimicrobial, antioxidant and anti-insect activities. It was evident the need to better know the LR as a reservoir of medicinal biomass in an area under ecological tension where 35% (610ha) of the property is LR and should be protected by law. Therefore, a forest inventory of live woody species was performed using the allometric or indirect method. This identified a rare remnant of Semidecidual Seasonal Forest amidst the largest world savannah, the Cerrado biome. An analysis of the forest average productivity per basal area (m².ha), aerial live biomass (ton.ha-1) and carbon stock was carried out. The forest fragment was considered relatively rich in species and diversity, although showing signs of disturbance and dominance by a few species. Its horizontal structure suggests biotic regeneration conditions. It is an important reservoir of medicinal plants. Of the families (57.5%) presenting medicinal species, 19 from a total of 33 are represented in the area and contain 44% (27) of the total species (61) and 63% (432) of the total individuals catalogued. Medicinal species have ecological importance for the equilibrium of the local flora and represent 80% of the 10 species with higher Importance Value Index (IVI): Tetragastris altissima, Chrysophyllum marginatum, Oenocarpus distichus, Sclerolobium paniculatum, Simarouba versicolor, Alibertia macrophylla, Siparuna guianensis, Maprounea guianensis, Licania parvifolia e Physocalymma scaberrimum. Medicinal productivity was high for this type of phytophysionomy: 183,2 ton. ha-1 of biomass and 91,51 ton. ha-1 of carbon representing 66% of the total biomass and carbon of this Cerrado forest. From this stage S. guianensis (Siparunaceae) was selected for performing bioassays in order to verify its biological activity against microorganisms of health and agricultural relevance. This is a native aromatic medicinal plant recommended as priority for conservation, with local popular medicinal validation and availability of medicinal feedstock (3300 Kg.ha-1), with the foliar fraction giving 38Kg/ha of crude extract and 5L/ha of essential oil. Foliar crude extracts and essential oil were obtained and tested in vitro using a disk diffusion bioassay. Different concentrations of these natural products were tested against gram-positive bacteria (Staphylococcus aureus ATCC 29213), gram-negative bacteria (Escherichia coli ATCC 25922 and ATCC 35218; Pseudomonas aeruginosa ATCC 10145) and fungi (Candida albicans ATCC 6258 e Fusarium oxysporum). The essential oil inhibited the growth of S. aureus in its crude concentration (380μg.mL-1), as well as diluted to half (190μg.mL-1) and a quarter strength (95μg.mL-1). It’s likely that such action is due to sesquiterpenes major components, such as bisabolol and bisabolene (10.35%), measured by gas chromatography (GC-MS, GC-FID). Extracts did not exhibit any antimicrobial activity against the microorganisms tested. The native medicinal plants prospective market is an alternative that favours the conservation of biodiversity while generating benefits for the development of sustainable family productive activities within local ecosystems instead of the current inappropriate uses. This strengthens conservation policies of Legal Reserve in rural settlements and is in agreement with public policy on global warming and climate changes.

Autour d’un paradigme juridique de la reconnaissance

Les travaux de l’actuel directeur de l’Institut de recherches sociales (Institut für Sozialforschung (IfS) de Francfort et les commentaires qu’ils se sont attirés posent la question des conditions de possibilité d’une étude scientifique de la vie institutionnelle du principe d’égalité juridique qui comprenne celui-ci comme une composante essentielle de l’infrastructure morale de la société moderne et qui, de cette vie, permette de diagnostiquer les pathologies ainsi que d’indiquer les forces actives de développement. Ce projet de sociologie juridique critique suppose un concept de droit qui dépasse l’opposition traditionnelle, du moins depuis plus de deux siècles, entre positivisme juridique et jusnaturalisme. Par son truchement, un tel concept de droit se présente comme une contribution de la Théorie critique de la société (ci-après « TCS »). Nous verrons cependant que, en raison de l’état d’avancement actuel du projet honnéthien de sociologie critique, la dimension proprement sociologique du présent dossier était limitée d’emblée.

Late twentieth century congressional leaders as shapers of and hostages to political context: Gingrich, Hastert, and Lott

Most contemporary explanations of congressional leadership postulate a version of contextual theory that typically places greatest emphasis on the strength of party and downplays the personal skills of individual leaders. By analyzing the leadership of just three recent individuals—Gingrich, Hastert, and Lott—this essay demonstrates the extent to which these leaders' different styles, skills, and characteristics interacted with changing political contexts and strategic environments to impact political and policy outcomes. Context matters, but so does leadership skill. Most graphically, Gingrich—a rare transforming leader in Burns' typology—demonstrates the importance of the right person and the right conditions being in place at the same time and the ability of an individual imaginative leader to intervene exogenously to have a significant effect on policy outcomes. Yet the essay also demonstrates that even where leaders adopt more conventional transactional styles, as Hastert and Lott did, the skill and success with which they juggle political pressures emanating from different, often conflicting, contexts—skills in context—also matters.

Os processos de regulação educativa no programa alimentar : um estudo de caso na autarquia de Cascais

Relatório de estágio de mestrado, Educação (Área de especialização Administração Educacional), Universidade de Lisboa, Instituto de Educação, 2015

Securitisation law: EU and US disclosure regulations

Providing key guidance on the process of securitisation, this comprehensive title explains in detail exactly what practitioners need to know. Featuring the most up-to-date commentary, Securitisation Law and Practice cuts through this complicated process using practical aids such as flow charts and checklists. The book also contains discussion on the latest case law (including case studies) and critical legal issues. The book also features: (1) Analysis of the recent securities regulations regarding asset-backed securities disclosures in the US and EU, providing an understanding of the differences in regulatory reporting requirements between jurisdictions. (2) Discussion of the various types of asset-backed structures that have been created over the last 30 years. (3) Analysis of the major legal decisions in the US and EU regarding securitisation transactions, including such cases as Enron, Parmalat and the recent sub-prime problem.

Atmospheres of law: senses, affects, lawscapes

In this article, I deal with airs and sounds and scents, while keeping an eye on the law. My field of enquiry is the interstitial area between sensory and affective occurrences, namely sensory experiences that are traditionally thought to be a causal result of external stimuli, and affective experiences that are mostly associated with emotional changes and generally allude to something internal. I am arguing that there is no constructive difference between internal and external origin of occurrences. In its stead, I suggest the concept of atmosphere, namely an attempt at understanding affective occurrences as excessive, collective, spatial and elemental. However, it quickly becomes apparent that an atmosphere is legally determined. The law controls affective occurrences by regulating property of sensory stimulation. At the same time, the law guides bodies into corridors of sensory compulsion – an aspect of which is consumerism in capitalist societies. The law achieves this by allowing certain sensory options to come forth while suppressing others, something which is particularly obvious in cases of intellectual property protection that capture the sensorial. I deal with the law in its material, spatial manifestation and in particular through what I have called the ‘lawscape’, namely the fusion of space and normativity. I employ a broadly Deleuzian methodology with insights from radical geography, affective studies, and urban and critical legal theory in order to develop and link the various parts of the text.

Transgender Freedom and the Law: A Liberal-Poststructural Discussion on McNally

In R v McNally, gender deception is found capable of leading to the vitiation of consent to sexual intercourse and, in so doing, places restriction on the freedom of transgendered individuals in favour of cisgendered freedom. This paper seeks to challenge the standing of this decision by adopting a combined methodological approach between Deleuzian post-structuralism and Gewirthian legal idealism. In so doing, we attempt to show that the combination offers a novel and productive approach to contentious decisions, such as that in McNally. Our approach brings together post-structuralist corporeality which conceives of the body as material and productive, and Gewirth’s ‘agent’ to conceptualise the legal body as an entity which can, and should, shape judicial reasoning. It does this by employing the criterion of categorically necessary freedom on institutionalised practical reasoning. These ‘bodies of agents’ can be conceived as the underpinning and justificatory basis for the authority of the law subject to the morally rational Principle of Generic Consistency. This egalitarian condition precedent requires individualisation and the ability to accept self-differentiation in order to return to a status, which can be validly described as “law”. Ultimately, we argue that this theoretical combination responds to a call to problematise the connection made between gender discourse and judicial reasoning, whilst offering the opportunity to further our conceptions of law and broaden the theoretical armoury with which to challenge judicial reasoning in McNally. That is, a ‘good faith’ attempt to further and guarantee transgender freedoms.

Public Interests, Private Disputes: Investment Arbitration and the Public Good

This paper seeks to investigate the bases for resistance to arbitration in general -and investor arbitration in particular- focusing on the way in which arbitral tribunals deal with notions of public interest and the public good. The paper hypothesises that while courts have within their terms of reference the capacity to consider notions of public interest, arbitral tribunals do not. It is this core difference in the scope of decision making between the two bodies that could render privately organised dispute resolution unsuitable for disputes that have public aspects, like investor-state disputes. The paper discusses the meaning of public interest and the public good as found in the literature. It then proceeds to consider how tribunals in the investment field have dealt with these concepts. This leads to a conclusion urging not abandonment of arbitration as a component of dispute resolution, but caution. It is argued that unchecked growth in private dispute resolution can threaten perceptions of legitimacy and democratic accountability. The paper adopts a socio-legal methodology in considering the effect of legal mechanisms on social and political phenomena. It is also informed by a law and economics methodology in addressing impacts of dispute resolution mechanisms on economic efficiency. The contribution of the paper rests on theorising motivations for resistance to private dispute resolution, a topical issue in light of the TTIP debate.

Simulação, em software adequado, da sintomatologia vibracional de avarias mecânicas de máquinas rotativas

Trabalho Final de Mestrado para obtenção do grau de Mestre em Engenharia Mecânica na Área de Manutenção e Produção