Digital Commons Network^™

Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

No abstract provided.

New Owners And Old Managers: Lessons From The Socialist Camp, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Foreword: Looking Back, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Extension Of Parent Company Shareholders' Rights To Participate In The Governance Of Subsidiaries, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Rudolf B. Schlesinger - A Tribute, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

G.Delledonne-G.Martinico (Eds), Exploring Subnational Constitutionalism, Giuseppe Martinico, Giacomo Delledonne

Giuseppe Martinico

This special issue of the journal is entirely devoted to subnational constitutionalism. To do so, it tries to adopt a comparative and nterdisciplinary perspective and to identify constitutional patterns in those federal or regional contexts where subnational polities do not have a legal document formally called “constitution”. Some contributions have a national focus (on Belgium, Spain, Germany, Argentina, Ethiopia, and Macao). Other pieces, instead, consider the phenomenon from a comparative perspective, focusing on the external relations of subnational polities, the distinctive aspects of legislatures and legislative power at this institutional level, and the role of ordinary and constitutional judges.

"Dignitizing" Free Speech In Israel: The Impact Of The Constitutional Revolution On Free Speech Protection, Guy E. Carmi

Guy E Carmi

This Article examines the changes in the approach to the analysis of free speech rights in Israel. It demonstrates the growing shift from the American liberty-based influence in the 1980s to a more dignity-based, and principally Canadian- and German-inspired, model following the adoption of the partial Bill of Rights in the 1990s. This is demonstrated both by a statistical analysis of the Israeli Supreme Court free speech rulings in the past thirty years and by a substantive analysis of recent rulings in the areas of prior restraint, pornography, and libel.

The statistical findings demonstrate that while human dignity rarely played …

Semiprocedural Judicial Review, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article explores a novel cross-national phenomenon: the emergence of a new judicial review model that merges procedural judicial review with substantive judicial review. While this model is not yet fully defined, it has already spurred much controversy. The Article explicates this emerging model, which it terms 'semiprocedural review,' and provides a theoretical exploration of both its justifications and its objectionable aspects. It concludes by evaluating semiprocedural review's overall justifiability and suggesting guiding principles for a more legitimate model of semiprocedural review. The Article pursues these goals through the unique perspective of juxtaposing semiprocedural review with 'pure procedural judicial review' …

Mcdougal-Lasswell Policy Science- Death And Transfiguration, Christopher J. Roederer, Jack Van Doren

Christopher J. Roederer

No abstract provided.

Perfectionism In European Law, Jacco Bomhoff

Jacco Bomhoff

European law manifests powerful perfection-seeking internal dynamics, nudging – even compelling – legal actors to strive to make the European legal order ‘the best it can be’. This article uses a comparative approach to show that this perfectionism is contingent (i.e. not necessarily shared by all legal orders), and that it is a highly distinctive characteristic of European legalism specifically. Uncovering the hidden dynamics of this juridical perfectionism is an important step towards rethinking European law’s agency and its correlate: our own ability to shape European integration through law.

The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson

Jerry L. Anderson

In 1822, the British Parliament enacted a landmark statute to punish the abuse of animals, known as Martin’s Act, named after Richard Martin, MP, who championed the bill. The Act provided a criminal penalty of up to £5 for the cruel treatment of cattle, a term which included horses, oxen, and sheep. Because the Act was the first national statute aimed at animal cruelty, scholars have naturally focused on its substance, which established an important new norm governing the relationship between humans and other animals. However, the Act would not have been successful without vigorous prosecution, which helped define the …

Cравнительное Избирательное Право: Обзор Исследований, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Избирательное Право Как Институт Конституционного Права Соединенных Штатов Америки, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Сравнительное Избирательное Право Как Научное Направление, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Exit, Voice And International Jurisdictional Competition: A Case Study Of The Evolution Of Taiwan’S Regulatory Regime For Outward Investment In Mainland China, 1997-2008, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

This Article explores the interplay of demand and supply forces in the market for law through international jurisdictional competition led by offshore financial centers. To do so it uses the example of the evolution of a regulatory regime imposed by an onshore jurisdiction, Taiwan, to control outward investment into mainland China (“China-investment”). The argument is that jurisdictional competition brought about by capital mobility or exit will provoke legal changes to prevent the departure of capital when laws reduce the value of remaining within the jurisdiction. The case study is used to examine the extent to which jurisdictional competition fuelled by …

Gli Obblighi Del Trustee Nel Sistema Statunitense., Vanessa Villanueva Collao

Vanessa Villanueva Collao

No abstract provided.