Digital Commons Network^™

A Constitutional Court In The Absence Of A Formal Constitution? On The Ramifications Of Appointing The Israeli Supreme Court As The Only Tribunal For Judicial Review, Guy E. Carmi

Guy E Carmi

This manuscript reviews an emerging debate in Israel regarding the appointment of the Supreme Court as a Constitutional Court. Specifically, it offers a critical analysis of the most recent proposed model, which is now in the initial legislative stages (The “Neeman Committee”), to appoint the Supreme Court as the sole constitutional arbiter.

First, the article offers an overview of the main processes that have occurred in the arena of Israeli constitutional law in the last decade, generally known as the “Constitutional Revolution.” Next, the article shows the nexus between this process and the revival of the constitutional court debate. Readers …

The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic

Antonin I. Pribetic

The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …

Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi

Guy E Carmi

The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.

The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …

Il Diritto Di Voto Plurimo Nella Cooperativa Tedesca. Cenni Di Comparazione Con La Riforma Italiana, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler

Mariana Pargendler

Examinam o instituto dos punitive damages, o qual pode ser traduzido como “indenização punitiva”, e sua compatibilidade com o Direito brasileiro, uma vez que essa pena vem conquistando progressiva aceitação na doutrina e jurisprudência. Trazem à colação julgados ocorridos nos Estados Unidos que exemplificam os mecanismos e limites dos punitive damages, sendo, nesses casos, considerado imprescindível, para se alcançar resultado útil com a punição/prevenção, a comprovação de elementos subjetivos a marcarem a conduta do ofensor. No Brasil, alegam, o instituto dos punitive damages não raro é confundido com o caráter punitivo associado à indenização do dano extrapatrimonial, sendo invocado, muitas …

Contratto Di Agenzia E Nozione Di "Agente Commerciale". Una Comparazione Con Il Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education In Iraqi Law Schools, Haider Ala Hamoudi

Haider Ala Hamoudi

No abstract provided.

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …

E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown

Elizabeth F Brown

The United States needs to consolidate the over 115 existing state and federal agencies that regulate banking, securities and insurance firms and their products and services into a single, federal financial services agency; a U.S. Financial Services Agency (“US FSA”). The US FSA would be able to more effectively regulate the U.S. financial services industry than the existing regulatory regime. The current U.S. financial regulatory regime suffers from a range of problems, including an inability to anticipate and plan for future financial crises, an inability by regulators to quickly adapt to market innovations and developments, inconsistent regulations for financial products …

Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay

Richard Kay

Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).

The European Convention On Human Rights And The Control Of Private Law, Richard Kay

Richard Kay

This article explores the evolution of the European Convention on Human Rights' applicability in private law through the development of the concept of positive obligations on states party. It explores the case law of the European Court of Human Rights primarily through the case of Pla and Puncernau v . Andorra, looking at the Court's willingness to review domestic courts' interpretation and regulation of private transactions. It considers the impact of this jurisprudence in the context of other doctrinal instruments emphasizing the consequent potential expansion of the Court's jurisdiction