Últimos itens adicionados do Acervo: Harvard University

A Universidade de Harvard (em inglês: Harvard University) é uma universidade privada membro da Ivy League, localizada em Cambridge, Massachusetts, Estados Unidos, e cuja história, influência e riqueza tornam-a uma das mais prestigiadas universidades do mundo.

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Sovereignty: Responding to Anghie and Aravamudan

Kennedy, David W.
Fonte: University of Texas School of Law Publicador: University of Texas School of Law
Tipo: Artigo de Revista Científica
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Speaking Law to Power: International Law and Foreign Policy

Kennedy, David W.
Fonte: University of Wisconsin Law School Publicador: University of Wisconsin Law School
Tipo: Artigo de Revista Científica
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Iraq: The Case for Losing

Kennedy, Duncan McLean
Fonte: Brooklyn Law School Publicador: Brooklyn Law School
Tipo: Artigo de Revista Científica
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The Code of Privacy

Lessig, Lawrence
Fonte: The American Philosophical Society Publicador: The American Philosophical Society
Tipo: Artigo de Revista Científica
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Why Copyright is All Right

Lessig, Lawrence
Fonte: Harvard University Publicador: Harvard University
Tipo: Outros
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The President's Completion Power

Goldsmith, Jack L.; Manning, John Francis
Fonte: Yale Law School Publicador: Yale Law School
Tipo: Artigo de Revista Científica
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This Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional authorization to complete that scheme. The Essay shows that the completion power is a common explanation for very different presidential powers, including the administration of a presidential statute, prosecutorial discretion, and the use of force abroad without express congressional authorization. Maintaining that the widespread use of the completion power is a partial vindication of Chief Justice Vinson's neglected dissent in the Youngstown Steel Seizure case, this Essay argues that the completion power sheds light on a structural symmetry that cuts across Articles I, II, and III of the Constitution--namely, that each of the three branches has some degree of inherent power to carry into execution the powers conferred upon it. The Essay also examines normative questions about the scope and limits of the power.

Member State Liability in Europe and the United States

Meltzer, Daniel J.
Fonte: Oxford University Press (OUP) Publicador: Oxford University Press (OUP)
Tipo: Artigo de Revista Científica
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The European Community (EC) and the United States have contrasting approaches to the place of member state liability to private parties as a remedy for the violation of the law of the union. The EC recognizes a general doctrine of member state liability in damages for violations of EC law, while American states generally possess sovereign immunity from private damage claims for violations of federal law. This contrast is paradoxical, as one would expect the U.S., a better established and more powerful federal polity, to have fewer concerns about the imposition of state liability than the less powerful and more fragile EC. A cluster of differences between the EC and the U.S. helps to account for this paradox. These differences include the factual circumstances of their respective seminal cases; the historical settings in which they arose; civil law systems' greater hospitality to governmental liability as compared to common law systems; stronger political control over judicial appointments in the U.S.; and EC member states' stronger safeguards against unwelcome federal legislation. Collectively, these differences help to explain why state liability was deemed more important to the center and less threatening to the member states in the European Community than in the U.S.

The Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe

Minow, Martha Louise
Fonte: University of Tulsa College of Law Publicador: University of Tulsa College of Law
Tipo: Artigo de Revista Científica
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Three linked puzzles arise with the constitutionality of public funding private schools - where the funding scheme excludes religious schools: how can the demands of both the Establishment and Free Exercise clause be satisfied; what does respecting precedent mean when there is a recent reversal of one line of cases, and when does federalism demand deference to the supremacy of the federal constitution or instead respect for state autonomy? The puzzling conjunction of the free exercise and establishment could lead government actors has led the Supreme Court to call for "play-in-the-joints," allowing some distance between government aid and religious institutions even at if it limits the free exercise of some individuals who at the margin may choose a non-religious path in order to get the public subsidy. The second puzzle - how to respect precedent when a recent new precedent overturns an older one - suggests some respect people's reliance on surrounding precedents, here governing the pre-existing relationship between religion and government. The third puzzle, federalism's Janus-faced tribute to state autonomy, requires federal supremacy but should permit the variety that decentralization enables. Given these puzzles, consideration of policy effects is justified; it is relevant to consider how mandating public funding of vouchers and tax credits redeemable at parochial schools as part of any public educational aid would likely lead many more families to opt for private religious schools...

Spatial Determinants of Entrepreneurship in India

Ghani, Ejaz; Kerr, William Robert; O'Connell, Stephen
Fonte: Taylor & Francis Publicador: Taylor & Francis
Tipo: Artigo de Revista Científica
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We analyze the spatial determinants of entrepreneurship in India in the manufacturing and services sectors. Among general district traits, quality of physical infrastructure and workforce education are the strongest predictors of entry, with labor laws and household banking quality also playing important roles. Looking at the district-industry level, we find extensive evidence of agglomeration economies among manufacturing industries. In particular, supportive incumbent industrial structures for input and output markets are strongly linked to higher establishment entry rates. We also find substantial evidence for the Chinitz effect where small local incumbent suppliers encourage entry. The importance of agglomeration economies for entry hold when considering changes in India's incumbent industry structures from 1989, determined before large-scale deregulation began, to 2005.

Does Social Connection Turn Good Deeds into Good Feelings? On the Value of Putting the 'Social' in Prosocial Spending

Aknin, Lara B.; Dunn, Elizabeth; Sandstrom, Gillian; Norton, Michael Irwin
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
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When are the emotional benefits of generous behavior most likely to emerge? In three studies, we demonstrate that the hedonic benefits of generous spending are most likely when spending promotes positive social connection. Study 1 shows that people feel happier after giving more to charity, but only when they give to someone connected with the cause. Studies 2 and 3 show that the emotional rewards associated with giving to friends or acquaintances are greatest in situations that facilitate social connection. Thus, social connection may be important for turning good deeds into good feelings, and maximizing connectedness between givers and recipients may enhance the emotional payoff of charitable initiatives.

Entourage: Visualizing Relationships between Biological Pathways using Contextual Subsets

Lex, Alexander; Partl, Christian; Kalkofen, Denis; Streit, Marc; Gratzl, Samuel; Wasserman, Anne Mai; Schmalstieg, Dieter; Pfister, Hanspeter
Fonte: IEEE Publicador: IEEE
Tipo: Artigo de Revista Científica
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Biological pathway maps are highly relevant tools for many tasks in molecular biology. They reduce the complexity of the overall biological network by partitioning it into smaller manageable parts. While this reduction of complexity is their biggest strength, it is, at the same time, their biggest weakness. By removing what is deemed not important for the primary function of the pathway, biologists lose the ability to follow and understand cross-talks between pathways. Considering these cross-talks is, however, critical in many analysis scenarios, such as judging effects of drugs. In this paper we introduce Entourage, a novel visualization technique that provides contextual information lost due to the artificial partitioning of the biological network, but at the same time limits the presented information to what is relevant to the analyst’s task. We use one pathway map as the focus of an analysis and allow a larger set of contextual pathways. For these context pathways we only show the contextual subsets, i.e., the parts of the graph that are relevant to a selection. Entourage suggests related pathways based on similarities and highlights parts of a pathway that are interesting in terms of mapped experimental data. We visualize interdependencies between pathways using stubs of visual links...

LineUp: Visual Analysis of Multi-Attribute Rankings

Lex, Alexander; Gratzl, Samuel; Gehlenborg, Nils; Pfister, Hanspeter; Streit, Marc
Fonte: Institute of Electrical and Electronics Engineers Publicador: Institute of Electrical and Electronics Engineers
Tipo: Artigo de Revista Científica
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Rankings are a popular and universal approach to structuring otherwise unorganized collections of items by computing a rank for each item based on the value of one or more of its attributes. This allows us, for example, to prioritize tasks or to evaluate the performance of products relative to each other. While the visualization of a ranking itself is straightforward, its interpretation is not, because the rank of an item represents only a summary of a potentially complicated relationship between its attributes and those of the other items. It is also common that alternative rankings exist which need to be compared and analyzed to gain insight into how multiple heterogeneous attributes affect the rankings. Advanced visual exploration tools are needed to make this process efficient. In this paper we present a comprehensive analysis of requirements for the visualization of multi-attribute rankings. Based on these considerations, we propose LineUp - a novel and scalable visualization technique that uses bar charts. This interactive technique supports the ranking of items based on multiple heterogeneous attributes with different scales and semantics. It enables users to interactively combine attributes and flexibly refine parameters to explore the effect of changes in the attribute combination. This process can be employed to derive actionable insights as to which attributes of an item need to be modified in order for its rank to change. Additionally...

Discord 'Behind the Table': The Internal Conflict Among Israeli Jews Concerning the Future of Settlements in the West Bank and Gaza

Mnookin, Robert H.; Eiran, Ehud
Fonte: School of Law, University of Missouri-Columbia Publicador: School of Law, University of Missouri-Columbia
Tipo: Artigo de Revista Científica
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The Israeli-Palestinian conflict is deeply paradoxical: the basic outline of a deal is reasonably clear and yet this violent conflict persists with over 4,000 causalities since the collapse of the last significant effort to bring peace in 2000. The paper suggests that this paradox stems from internal conflicts on each side. It focuses on the internal conflict among Israeli Jews over the future of the Jewish settlements in the West Bank and Gaza. The paper describes the settlements today and argues that beneath the debate about their future, this tension implicates the core identity of some, but not all, the protagonists. The paper further reviews the history of the settlement movement, and shows how, in the face of opposition, a determined minority (the national religious settlers) promoted and vastly expanded the settlements. The paper then offers an explanation for why the national religious settlers have wielded such disproportionate influence in the Israeli political system. The paper ties the discussion to Prime Minister Sharon's proposed limited withdrawal from Gaza and the northern West Bank by the summer of 2005, and shows how the settlers, drawing on their sources of influence, are attempting to block any evacuation of settlements. In the concluding section...

The Resilience of Nationality

Neuman, Gerald L.
Fonte: Washington, American Society of International Law Publicador: Washington, American Society of International Law
Tipo: Artigo de Revista Científica
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Talking to Ourselves

Neuman, Gerald L.
Fonte: European Journal of International Law, European University Institute Publicador: European Journal of International Law, European University Institute
Tipo: Artigo de Revista Científica
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The discourse of international law is a remarkable achievement, but it poses the danger that international lawyers will be absorbed in their own conversation and fail to persuade outsiders. International human rights bodies may be especially vulnerable to that risk, despite their need for cooperation from local actors.

A Perplexed Economist Confronts 'Too Big to Fail'

Scherer, Frederic Michael
Fonte: John F. Kennedy School of Government, Harvard University Publicador: John F. Kennedy School of Government, Harvard University
Tipo: Research Paper or Report
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This paper, written for a conference at the Fordham University Law School, examines various facets of the “too big to fail” debate. It notes that in the current context, “too big to fail” may imply systemic risks from large financial institution size, compensating economies of scale, political power, and (within narrower markets) power to set prices above competitive levels. It examines three stylized facts: the contours of the recent merger wave among financial institutions, the concomitant increase in the concentration of financial institution assets, and the impressive rise in financial institutions’ profits as a share of all U.S. corporate profits,. It argues that rising aggregate concentration of financial institutions’ assets may imply rise in the power to set above-competitive prices in individual relevant banking markets – i.e., in segments of what economists call “product characteristics space.” There is not much solid economic evidence on this last conjecture for investment banking firms, but supporting evidence from the large number of studies focusing on commercial banks is marshaled. The evidence on economies of scale is also imperfect, but it implies that breakup of the largest banks need not cause great efficiency losses.

Ubiquitous Human Computing

Zittrain, Jonathan L.
Fonte: Royal Society, The Publicador: Royal Society, The
Tipo: Artigo de Revista Científica
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Ubiquitous computing means network connectivity everywhere, linking devices and systems as small as a thumb tack and as large as a worldwide product distribution chain. What could happen when people are so readily networked? This short essay explores issues arising from two possible emerging models of ubiquitous human computing: fungible networked brainpower and collective personal vital sign monitoring.

Book Review: What's in a Name?

Zittrain, Jonathan L.
Fonte: Indiana University School of Law Publicador: Indiana University School of Law
Tipo: Artigo de Revista Científica
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In the spring of 1998, the U.S. government told the Internet: Govern yourself. This unfocused order - a blandishment, really, expressed as an awkward "statement of policy" by the Department of Commerce, carrying no direct force of law - came about because the management of obscure but critical centralized Internet functions was at a political crossroads. This essay reviews Milton Mueller's book Ruling the Root, and the ways in which it accounts for what happened both before and after that crossroads.

Language Universals Engage Broca's Area

Berent, Iris; Pan, Hong; Zhao, Xu; Epstein, Jane; Bennett, Monica L.; Deshpande, Vibhas; Seethamraju, Ravi Teja; Stern, Emily
Fonte: Public Library of Science Publicador: Public Library of Science
Tipo: Artigo de Revista Científica
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It is well known that natural languages share certain aspects of their design. For example, across languages, syllables like blif are preferred to lbif. But whether language universals are myths or mentally active constraints—linguistic or otherwise—remains controversial. To address this question, we used fMRI to investigate brain response to four syllable types, arrayed on their linguistic well-formedness (e.g., blif≻bnif≻bdif≻lbif, where ≻ indicates preference). Results showed that syllable structure monotonically modulated hemodynamic response in Broca's area, and its pattern mirrored participants' behavioral preferences. In contrast, ill-formed syllables did not systematically tax sensorimotor regions—while such syllables engaged primary auditory cortex, they tended to deactivate (rather than engage) articulatory motor regions. The convergence between the cross-linguistic preferences and English participants' hemodynamic and behavioral responses is remarkable given that most of these syllables are unattested in their language. We conclude that human brains encode broad restrictions on syllable structure.

Evidence Suggesting That Obesity Prevention Measures May Improve Prostate Cancer Outcomes Using Data from a Prospective Randomized Trial

Chandra, Ravi A.; Chen, Ming-Hui; Zhang, Danjie; Loffredo, Marian; D'Amico, Anthony V.
Fonte: Hindawi Publishing Corporation Publicador: Hindawi Publishing Corporation
Tipo: Artigo de Revista Científica
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Purpose. Increasing body mass index (BMI) is associated with higher risk prostate cancer (PC) at presentation. Whether increasing BMI also prompts earlier salvage androgen suppression therapy (sAST) is unknown. Materials and Methods. Between 1995 and 2001, 206 men with unfavorable risk PC were treated with radiation therapy (RT) or RT and six months of androgen suppression therapy in a randomized controlled trial (RCT). 108 sustained PSA failure; 51 received sAST for PSA approaching 10 ng/mL; 49 with BMI data comprised the study cohort. A multivariable Cox regression analysis identified pretreatment factors associated with earlier sAST receipt. Results:. Increasing BMI prompted earlier sAST (median years: 3.7 for overweight/obese, 6.9 for normal weight; adjusted hazard ratio (AHR): 1.11; 95% CI: 1.04, 1.18; P = 0.002) as did high versus other risk PC (median: 3.2 versus 5.2 years; AHR: 2.01; 95% CI: 1.05, 3.83; P = 0.03). Increasing median time to sAST was observed for overweight/obese men with high versus other risk PC and for normal-weight men with any risk PC being 2.3, 4.6, and 6.9 years, respectively (P < 0.001 for trend). Conclusion:. Increasing BMI was associated with earlier sAST. A RCT evaluating whether BMI reduction delays or eliminates need for sAST is warranted.