Browsing by Subject "courts"
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Item Arbitrating “Arbitrability”(2013-01-01) Rau, Alan S.Item Commentary: Social and Economic Rights in Latin America: Constitutional Courts and the Prospects for Pro-poor Interventions(Texas Law Review, 2011) Brinks, Daniel M; Forbath, WilliamItem “Gap Filling” by Arbitrators(The Center for Global Energy, International Arbitration, and Environmental Law, 2014-10-24) Rau, Alan ScottThe notion of a contractual “gap” is an evanescent one, which can — and often does — mean everything and nothing. It could perhaps be said that the very notion of a “gap” is simply incoherent — for once we are satisfied that the parties have entered into a “contract,” there can by definition be no “gaps.” Indeed, by its legal definition a “contract” cannot be incomplete. Or perhaps it could be said that, by contrast, there are nothing but “gaps” — that unless the parties have taken the pains to construct an infinite agreement, mapping onto every conceivable state of the world, likely or unlikely, known or unknown — then courts must be free to reconstruct or interpolate.Item Inequality, Institutions, and the Rule of Law: The social and institutional bases of rights.(Kellogg Institute, 2008-08) Brinks, Daniel MThis article elaborates and tests a theory connecting the high levels of inequality in many Latin American states to the failure to develop mechanisms to effectively protect and enforce formal rights enshrined in constitutions and laws. I argue that, in order to become effective, rights require the development of a network of ancillary supporting institutions, both formal and informal. Both engaging with these supporting institutions and developing them in the first place requires resources which many marginalized groups simply do not have. I apply the theory to data on the prosecution of police violence, as well as to a more general overview of legal and constitutional developments in the region.Item Lord Coke, the Restatement, and Modern Subsurface Trespass Law(2011-01-01) Anderson, Owen L.Item Making Method Visible: Improving the Quality of Science-Based Regulation(The Center for Global Energy, International Arbitration, and Environmental Law, 2014-10-24) Wagner, WendyScientific inferences are theories about how the world works that scientists formulate based on their observations. One of the most difficult issues at the intersection of law and science is to determine whether the weight of evidence supports one scientific inference versus other competing interpretations of the observations. In administrative law, this difficulty is exacerbated by the behavior of both the courts and regulatory agencies. Agencies seldom achieve quite the requisite visibility that explains the analytical methods they use to reach their scientific inferences. Courts – because they appreciate neither the variety of inferential methods nor their epistemic foundations – do not demand this level of visibility from the agencies. We argue that much progress can be made toward visible, coherent, science-based regulation if courts ask two deceptively simple questions: (1) have the agency’s inferential methods been identified? and (2) does the agency explain how its methods are appropriate to the information on hand and how the methods support the agency’s inferences?Item The Role of Courts and Constitutions in the New Politics of Welfare in Latin America.(Cambridge University Press, 2013) Brinks, Daniel M; Forbath, WilliamItem 'A tale of two cities': The judiciary and the rule of law in Latin America(Routledge, 2012) Brinks, Daniel M