808 resultados para RULE OF LAW


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In the world’s current condition of macroeconomic turmoil, a justifiable question arises: what is the contribution that legal scholars, as opposed to economists, can make to macroeconomic regulation? Since mainstream Law & Economics scholarship adapts much more easily to micro (rather than macro) economics, an alternative paradigm is needed. I propose that legal scholars explore the Art of Law & Macroeconomics, a concept that links legal knowledge and the art of economics. Legal scholars are therefore expected to offer policy advice based on their understanding of the internal rationality and structure of the legal system.

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The goal of this paper is to discuss a key issue in the Democratic Rule of Law State: what are the role and main functions of the Judiciary in Brazil? Is the Judiciary mainly a public service provider, adjudicating disputes and guaranteeing individual rights? Or also as a state power, it should mainly control and guide the moral values of the society, changing the status quo and reducing social conflicts? In this sense, what are the conflicts that must be examined by the Judiciary? We will seek to answer these questions based on a discussion subsidized by courts official statistics and the results of surveys conducted with the Brazilian general population. The surveys measured how do citizens feel about their judicial system and what are the circumstances and the facts that determine the judicialization of conflicts. We work with the perceptions and attitudes of citizens relating to the Judiciary as it is today and discuss the Judiciary they want. Then, we compare how attitudes and perceptions relate to actual behavior and use of courts.

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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.

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This study aims to analyze the main social representations of law, justice and injustice preseneted by Argentinean and Brazilian youngsters. The Brazilian group consisted of 621 polled of three different regions-Floriano/PI, Erechim/RS, and Marilia/SP. From Argentina, 200 youngsters of Avellanedacity (Buenos Aires metropolitan region) participated. All the samples were proportionally divided according to the kind of school (public or private) and the school year attented (8(th) grade and 11(th) grade, considering the equivalent grade in Argentina). The data collection technique consisted of semi directed questionnaire composed by the free evocation of words technique. The procedure used to evaluate the results was the Analysis Correspondence Method (ANACOR). The results demonstrate important variations related to the youngster' nationality and they were discussed so that the preseneted representations were contextualized.

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We consider certain quadrature rules of highest algebraic degree of precision that involve strong Stieltjes distributions (i.e., strong distributions on the positive real axis). The behavior of the parameters of these quadrature rules, when the distributions are strong c-inversive Stieltjes distributions, is given. A quadrature rule whose parameters have explicit expressions for their determination is presented. An application of this quadrature rule for the evaluation of a certain type of integrals is also given.

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In this work we present the number of larval instars in the Ponerinae ant Pachycondyla (=Neoponera) villosa. The analysis of maximal head capsule width measurement of 147 larvae was made. Four larval instars were measured: 1st instar the cephalic capsule varied from 0.18mm to 0.22mm; 2nd instar from 0.23mm to 0.27mm; 3rd instar from 0.30mm to 0.33mm and the 4th instar varied from 0.35mm to 0.38mm. The mean growth rate was 1.2375 according to the rule of Dyar. We also reviewed the number of larval instars for 35 ant species.

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Spanish document available at the Library

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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.

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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.

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This thesis is primarily based on three core chapters, focused on the fundamental issues of trade secrets law. The goal of this thesis is to come up with policy recommendations to improve legal structure governing trade secrets. The focal points of this research are the following. What is the optimal scope of trade secrets law? How does it depend on the market characteristics such as degree of product differentiation between competing products? What factors need to be considered to balance the contradicting objectives of promoting innovation and knowledge diffusion? The second strand of this research focuses on the desirability of lost profits or unjust enrichment damage regimes in case of misappropriation of a trade secret. A comparison between these regimes is made and simple policy implications are extracted from the analysis. The last part of this research is an empirical analysis of a possible relationship between trade secrets sharing and misappropriation instances faced by firms.