Larry B.

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Part VI—Zhiwei Tong (童之伟) Series: Society as a whole should support criminal defense lawyers as they perform their duties according to the law

Larry B. posted an article on - Feb 9, 2012, 5:27 pm
 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (童之伟),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See, Larry Catá B...
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Part V—Zhiwei Tong (童之伟) Series: The rule of law: Its Expression is also Critical

Larry B. posted an article on - Feb 7, 2012, 11:04 pm
 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (童之伟),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See, Larry Catá B...
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Part IV—Zhiwei Tong (童之伟) Series: The state is obligated to provide equal protection for citizens' religious beliefs

Larry B. posted an article on - Feb 6, 2012, 10:17 pm
 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (童之伟),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See, Larry Catá B...
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Part III—Zhiwei Tong (童之伟) Series: Perspective Study from Criminal Procedure Code to Modify Constitution (Part I)

Larry B. posted an article on - Feb 5, 2012, 5:59 pm
 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (童之伟),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See, Larry Catá B...
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Part II—Zhiwei Tong (童之伟) Series: The necessity of complete change of governance from rule of man to rule of law

Larry B. posted an article on - Feb 4, 2012, 7:39 pm
 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (童之伟),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See, Larry Catá B...
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Part I—Zhiwei Tong (童之伟) Series: Socialist constitutionalism is the core of governance according to the law

Larry B. posted an article on - Feb 3, 2012, 1:54 am
 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (童之伟),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See, Larry Catá ...
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Zhiwei Tong (童之伟) on Criminal Law and Justice in China

Larry B. posted an article on - Feb 1, 2012, 9:46 pm
 (Zhiwei Tong (童之伟), Picture (c) Larry Catá Backer)) This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 sought to develop a set of aphoristic (ἀφορισμός) essays, meant to provoke thought rather t...
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Mary Robinson on Corporate Social Responsiblity

Larry B. posted an article on - Jan 29, 2012, 3:33 pm
Lawyers for Better Business (L4BB), an online publication and network to enable lawyers to become champions of corporate responsibility, has recently posted a very interesting conversation with Mary Robinson, L4BB, Smart Mix, Interview of Mary Robinson Conducted by Kathryn Dovy (Jan. 2012).  PDF Ve...
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Socialism With Cuban Characteristics: The National Conference of the Cuban Communist Party and Its Effects

Larry B. posted an article on - Jan 27, 2012, 9:11 pm
In April, 2011, after fourteen years without one, the Cuban Communist Party held its 6th Party Congress in which it adopted a number of guidelines for changes to the Cuban economy and society.   "The Sixth Congress laid out the road map for economic policy changes on this Caribbean island, and lef...
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Ruminations XXXVII: From Regimes of Law to Systems of Assessment, From the Outlaw to Deviant

Larry B. posted an article on - Jan 26, 2012, 11:07 am
Recent scandals and media coverage of abuses, all in violation of law as expressly set out in statutes, regulations and judicial opinion, legal  provisions, have focused less on the punishment of the offender, and significantly more on the use of law as a tool in the prevention of criminal activit...
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Apple, Inc, the FLA and the Governance of Supplier Labor Standards Beyond the State

Larry B. posted an article on - Jan 17, 2012, 10:57 am
  (From Apple discloses suppliers for the first time, KLEWTV.com, Jan. 13, 2012 ("Apple for the first time is disclosing the list of suppliers that produce the iPhone, iPad and other popular gadgets amid criticism of labor and environmental practices, especially in China.")) In 2006, in the wake o...
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New Paper Posted: "Party, People, Government, and State: On Constitutional Values and the Legitimacy of the Chinese State-Party Rule of Law System"

Larry B. posted an article on - Jan 14, 2012, 11:45 am
 (Photo (c) Larry Catá Backer 2012). Over the last several years I have been wrestling with the issue of constitutionalism.  (Larry Catá Backer, From Constitution to Constitutionalism: A Global Framework for Legitimate Public Power Systems (September 22, 2008). Penn State Law Review, Vol. 113, N...
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Chinese Constitutionalism, Text and Meta-Text: Part 4

Larry B. posted an article on - Nov 1, 2011, 10:53 pm
Zhujiajiao (Chinese: 朱家角; Pinyin: Zhūjiājiǎo Zhèn; Zhujiajiao means "Zhu Family Settlement") is  a well known local tourist destination, knowbn both for its scenery and its food.   (From SHCR, Zhujiajiao) “Located in a suburb of Shanghai city, Zhujiajiao is an ancient water town well...
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Chinese Constitutionalism, Text and Meta-Text: Part 3

Larry B. posted an article on - Oct 31, 2011, 7:27 am
It is possible on a long walk to draw out complexity and juxtapositions. In some spots, the architecture and organization of a physical space—in the form of city, roads, buildings, people flows and the like—cam serve as a concrete expression of the social, cultural and political organization of ...
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Chinese Constitutionalism, Text and Meta-Text: Part 2

Larry B. posted an article on - Oct 30, 2011, 2:13 am
First impressions are usually both important for setting foundations, but also ultimately wrong. Shanghai has the feel of the New York of three generation’s ago, with the atmosphere of Los Angeles a generation ago, the lights of contemporary Tokyo, drivers who appear to learn their craft in Bueno...
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Chinese Constitutionalism: A Journey Through Text and Metatext, Part i

Larry B. posted an article on - Oct 29, 2011, 5:41 pm
Over the next several postings I will distill the essence of insights I have drawn from extended conversations with Chinese scholars, and officials--from both the state and Party sides of the Chinese political universe.   (From Fake Tiananmen Square outside Beijing?!, Am I Mean? Sept. 15, 2011) Wh...
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We are What We Measure: Constructing and Managing Institutions, Law and Law Schools

Larry B. posted an article on - Oct 8, 2011, 12:11 am
We are becoming only what we measure. (From You are what you measure, Sam Luce.com, May 26, 2010 ("I came across this great article from Harvard Business Review. It was short thought provoking and to the point. “If we want to change what they care about, we should change what we measure.” “W...
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Camila Piñeiro Harnecker on Cooperatives and Socialism in Cuba

Larry B. posted an article on - Oct 3, 2011, 11:08 pm
Camila Piñeiro Harnecker "holds a degree in sustainable development from the University of Berkeley, California. She is a professor at the Centre for Studies on the Cuban Economy at Havana University, and her works have been published both in Cuba and outside the island. She is also, incidently, th...
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La révolution technologique (sous-titrage en français)

Larry B. posted an article on - Sep 30, 2011, 9:40 am
The cultural expectations of the forms of discourse (communication through language by use of a particular  set of word forms with expected associative meanings that extent beyond the meaning of the words strung together) and the meaning of words used together to communicate in culturally meaningfu...
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Nichola Gutgold on The Rhetoric of Supreme Court Women Has Expanded from Obstacles to Options

Larry B. posted an article on - Sep 26, 2011, 10:32 pm
It is my great pleasure to again host an essay by my colleague, Nichola D. Gutgold. Professor Gutgold is associate professor of communication at Penn State – Lehigh Valley. For a profile of Professor Gutgold, please see, Dawn Lennon, A Profile of Dr. Nichola Gutgold: Grit and Gumption Power a Ca...
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Communist Party and State Discipline Part III: Chinese Scholars' Views of Shuang gui Inter Party Discipline System

Larry B. posted an article on - Sep 23, 2011, 4:19 pm
I have been examining the mechanics and ideologies of inter-Party discipline and its connection to constitution and state apparatus in China.   (From CPC Central Commission for Discipline Inspection holds 8th plenum) Part I. Larry Catá Backer, Communist Party and State Discipline in China: Exp...
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An Analysis of the U.N. "Protect, Respect and Remedy" Framework Guiding Principles, Part VIII--A Preliminary Assessment of the GP

Larry B. posted an article on - Sep 20, 2011, 10:11 am
On March 24, 2011 the United Nations released the "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework" (the "GP" or "Guiding Principles"), the culmination of the work of UN Special Representative on business & human rights, John Ruggie, and his team. The Guid...
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Communist Party and State Discipline in China Part II: Brief Introduction to Shuang Kai and Pix Inside Shuang gui Facility

Larry B. posted an article on - Sep 17, 2011, 9:49 pm
I have begun considering the nature of intra-Party discipline within the Chinese Communist Party and its relationship to issues of law and state power.  In Part I provided an introduction to the notion of Shuang gui in theory and practice.  See Larry Catá Backer,Communist Party and State Discipli...
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An Analysis of the U.N. Protect, Respect and Remedy Framework Guiding Principles, Part VII--Access to Remedy

Larry B. posted an article on - Sep 15, 2011, 5:38 pm
On March 24, 2011 the United Nations released the "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework" (the "GP" or "Guiding Principles", by UN Special Representative on business & human rights, John Ruggie.  The Guiding Principles were endorsed by the U.N....
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An Analysis of the U.N. Protect, Respect and Remedy Framework Guiding Principles, Part VI--Section By Section Analysis, the Corporate Responsibility to Respect

Larry B. posted an article on - Sep 10, 2011, 10:40 am
On March 24, 2011 the United Nations released the "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework" (the "GP" or "Guiding Principles"), by UN Special Representative on business & human rights, John Ruggie. (From Yar:  Piracy at the Seventh Circuit, Ha...
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On the Passing of G. B. Hagelberg--An Important Voice on Cuban Agriculture and Policy

Larry B. posted an article on - Sep 6, 2011, 8:42 pm
G. B. Hagelberg has recently passed.  He was a long time member of the Association for the Study of the Cuban Economy.  Many of his papers have been published in its proceedings. These included:  (From Nicholas Elledge, Cuba's Sweet Success May Come from an Ethanol FutureThe Cutting Edge, Nov. 2,...
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An Analysis of the U.N. Protect, Respect and Remedy Framework Guiding Principles, Part V--Section By Section Analysis, The State Duty to Protect Principles

Larry B. posted an article on - Sep 5, 2011, 2:03 pm
On March 24, 2011 the United Nations released the "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework" (the "GP" or "Guiding Principles"), by UN Special Representative on business & human rights, John Ruggie.  The Guiding Principles were endorsed by the ...
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An Analysis of the U.N. Protect, Respect and Remedy Framework Guiding Principles, Part IV--Section By Section Analysis, From Draft to Final Principles: Overall Structure and Capstone Principles

Larry B. posted an article on - Sep 2, 2011, 5:05 pm
On March 24, 2011 the United Nations released the "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework" (the "GP" or "Guiding Principles"), the culmination of the work of the UN Special Representative on business and human rights, John Ruggie, and his team...
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Faculty Productivity and Costs at The University of Texas at Austin: An Economic Salvo in the Culture Wars About the American University as Institution

Larry B. posted an article on - Aug 31, 2011, 12:27 pm
For those who missed it, there has been an increasing turn toward university assessment as a market actor and participant.  Ideologically predisposed groups--both those suspicious of the "efficiency" of university education and those committed to the status quo--are deploying the techniques of the ...
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An Analysis of the UN Protect, Respect and Remedy Framework Guiding Principles Part III: Justification and Legitimacy in the Introduction to the Guiding Principles

Larry B. posted an article on - Aug 27, 2011, 9:00 pm
On March 24, 2011 the United Nations released the "Guiding Principles for the Implementation of the UN Protect, Respect and Remedy Framework" (the "GP" or "Guiding Principles"), by UN Special Representative on business &; human rights, John Ruggie. The Guiding Principles were endorsed by the U.N. H...
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Norwegian SWF Excludes Grupo Carso SAB de CV From Its Investment Universe

Larry B. posted an article on - Aug 25, 2011, 3:40 pm
Today, the Norwegian Ministry of Finance announced the exclusion of the Mexican company, Grupo Carso SAB de CV from the investment universe of the Norwegian Sovereign Wealth Fund--Global.   (From Yahoo Finance, Grupo Carso SAB-A1 (Aug. 24, 2011 ) The determination was straightforward, involving ...
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China's Other Sovereign Wealth Funds--Complexity and Coherence in Sovereign Investing Strategies

Larry B. posted an article on - Aug 23, 2011, 9:46 pm
For some time, I have been suggesting coherence and complexity in the structuring of Chinese strategies for projecting investment power abroad.  Backer, Larry Catá, Sovereign Investing in Times of Crisis: Global Regulation of Sovereign Wealth Funds, State Owned Enterprises and the Chinese Experie...
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Global Law Schools on U.S. Models: Internationalism and Nationalist Globalization

Larry B. posted an article on - Aug 21, 2011, 7:52 pm
I have written about an international conference on legal education held in June in Toledo, Spain.  See, Larry Catá Backer,  The Internationalization of Legal Education--Globalization or Americanization? The View From Spain, Law at the End of the Day, .June 26, 2011, in which I also included the...
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Complex Networks: Chinese Soevereign Wealth Funds and the Western Service Sector

Larry B. posted an article on - Aug 18, 2011, 7:57 pm
It is not uncommon to think of the "issues" of sovereign wealth funds as one that is essentially binary--sovereign wealth funds as sources of sovereign wealth coming into the private markets of host states and investing in their equities.  The issue then, as now endlessly reiterated, becomes one of...
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Juan Tamayo on the Quickening Pace of Publicly Confronting Corruption in Cuba

Larry B. posted an article on - Aug 15, 2011, 9:25 pm
(Juan O. Tamayo, Corruption again alleged in Cuba: Reports: Two Cuban officials fired for corruption, others under investigation, Miami Herald, Aug. 9, 2011 (El edificio de la compania telefonica ETECSA en Miramar)) One of the marks of the seriousness of a commitment to change is the willingness of...
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"Corporations are People, My Friend": American Presidential Candidates Confront Fundamental Confusion About Corporate Personality in the United States

Larry B. posted an article on - Aug 12, 2011, 10:29 pm
Recently, presidential candidate and former governor Mitt Romney caused a bit of a stir while campaigning among the people of Iowa in search of credibility and signs of popular support for his presidential ambitions. The object of interest was Mr. Romney's effort to describe his sense of the charact...
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Ratings Season: The ABA's Blawg 100 Amici

Larry B. posted an article on - Aug 10, 2011, 10:48 pm
 (From http://www.abajournal.com/blawg100) The ABA Journal produces an annual list of what it rates as the 100 best legal blogs.  They are soliciting advice on which blawgs readers think they should include  in the Blawg 100.  They invite interested people to use the Blawg 100 Amici formto tell...
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Syllabus for a Course on Actors, Institutions, and Legal Frameworks in International Affairs

Larry B. posted an article on - Aug 6, 2011, 11:41 pm
This is the second year I will be teaching one of the core courses at the School of International Affairs at Penn State: Actors, Institutions, and Legal Frameworks in International Affairs.  This course introduces students to the various levels of international interaction and exchange (supranatio...
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On the Passing of Eric Stein

Larry B. posted an article on - Aug 4, 2011, 3:05 pm
 (From Michigan Law School Website) Eric Stein, one of the great voices in comparative and international law studies has recently died at the age of 98.  His life and importance was nicely described in the announcement of his passing posted by the University of Michigan, where he taught.  Prof. E...
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Communist Party and State Discipline in China: Exploring Shuang gui 双规 and Shuang kai Part I

Larry B. posted an article on - Aug 2, 2011, 10:42 pm
One of the more interesting issues of Chinese state institutional organization is the relationship between the Communist Party and the State.  I have suggested that though the CCP does not enjoy an extra constitutional role in Chinese political organization, it does exist autonomously from the stat...
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Rules and Reality--On the Importance of Method as Governance: The Example of Airline Reimbursement Rules

Larry B. posted an article on - Jul 31, 2011, 11:39 pm
I have recently suggested the importance of toolboxes and the methodologies of standards implementation as a source of governance in their own right.  I have focused on surveillance methodologies.  Larry Catá Backer, Global Panopticism: States, Corporations and the Governance Effects of Monitorin...
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Harmonization and Control: A Convergence of Soft Corporate Social Responsibility Standards and the Rise of the Toolbox

Larry B. posted an article on - Jul 30, 2011, 6:15 pm
 (From Mallen Baker, Corporate Social Responsibility - What does it mean?) Over the last decade, corporate social responsibility has become more accepted among investors, non-governmental communities and consumers in developed states.   Corporate social responsibility (CSR) has become a fairly w...
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Business and Human Rights in China: Sustainability Reporting and Chinese Stock Exchanges

Larry B. posted an article on - Jul 29, 2011, 11:02 am
It is a commonplace that Chinese officials tend to be leery of the notions of human rights, especially when being lectured on its finer points by foreigners. From the Chinese perspective, the global human rights discourse might represent a disguised attempt to effectuate changes in Chinese political...
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From the International Commission of Jurists: "Access to Justice: Human Rights Abuses Involving Corporations, India"

Larry B. posted an article on - Jul 26, 2011, 10:35 am
The International Commission of Jurists (ICJ), with headquarters in Geneva, describes itself as "a non-governmental organisation devoted to promoting the understanding and observance of the rule of law and the legal protection of human rights throughout the world." The ICC is well placed within the ...
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"Elements of Law" Course 2.0: A Framework Course for the U.S. Law Curriculum

Larry B. posted an article on - Jul 23, 2011, 11:25 pm
(From Cory Robin, The First Counter-revolutionary The Nation, October 19, 2009) In 2010, the  faculty at Penn State Law approved the creation of a new concept course, to be named "Elements of Law".  Its description was  meant to be general, to provide faculty with some space to develop con...
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Guest Essay--Joel Slawotsky, Rumors Of Corporate Liability's Demise In The Context Of Alien Tort Suits Have Been Greatly Exaggerated

Larry B. posted an article on - Jul 20, 2011, 8:32 pm
Today, my friend and colleague, Joel Slawotsky, contributes this excellent and insightful  essay on the recent line of cases considering the application of the U.S. Alien Tort Claims Act (28 U.S.C. § 1350) to corporate entities. The ATS provides simply: “The district courts shall have original ...
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Corruption in Cuba--The Cuban Communist Party Signals Public Recognition and Party Obligation

Larry B. posted an article on - Jul 16, 2011, 6:26 pm
 Cultures and mechanics of corruption in Marxist Leninist states are both important and distinctly constituted from corruption in its manifestations in market economies--including the United States and the European Union.   En Cuba, por ejemplo, no puede hablarse en los mismos términos sobre la ...
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On Intervention in Libya: The Emerging Nature of Supra-National Legal Framework/Norms for Disciplining States and their Leaders by Others

Larry B. posted an article on - Jul 13, 2011, 10:22 pm
There has been much discussion about the recent events in Libya, where popular protests led to what can reasonably be described as a combination civil war and popular insurrection against an unpopular regime--unpopular with the Libyan population as well as with various powerful states.   (From L...
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Andreu Olesti Rayo on The EU and Migrants

Larry B. posted an article on - Jul 11, 2011, 10:34 am
My colleague, Andeu Olesti Rayo, is Catedrático de Derecho internacional público (Derecho comunitario europeo) at the University of Barcelona, has researching the construciton of migration pòlicies and practices in the EU. Olesti's main area of expertise is in European Union law. Within this are...
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"Order, Discipline and Exigency" : Cuba's VIth Party Congress, the Lineamientos (Guidelines) and Structural Change In Education, Sport and Culture?

Larry B. posted an article on - Jul 8, 2011, 10:23 am
The Association for the Study of the Cuban Economy will be hosting its 21st Annual meeting and Conference in Miami August 4-6, 2011.   The 2011 Conference Program can be accessed  here.   ASCE has also published its proceedings since its inceptions, many of which remain important and timely wor...
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About Me

I work in the field of knowledge production. That is what I blog about. We all produce knowledge. Each of us goes about that task in different ways. I spend a lot of time trying to understand the world in which we live and for which we are all compelled to do (and not do) things. I write and speak about what I discover. Consider my web site as part of my end of a conversation with readers on topics focusing on globalization, law and policy.

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