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Articles 1 - 30 of 33
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After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
Simon Chesterman
This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …
Lobbying:The Italian Regulatory Framework Under The Comparative Perspective, Andrea Bortoluzzi
Lobbying:The Italian Regulatory Framework Under The Comparative Perspective, Andrea Bortoluzzi
Andrea Bortoluzzi
The intention of the Author is to examine all the rules that the Italian legal system imposes on lobbying, in part for the purpose of limiting certain lobbying practices and in part to promote access to public decision-makers by establishing the requirement for transparency and trustworthiness in the relations between the lobbyist and the decision-maker. Lobbying is heavily dependent on the opportunities for the lobbyist to access the public decision-maker. The issue of access, however, viewed in terms of lobbying, relates not to the right to know the content of administrative documents but to the right to provide information to …
The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino
The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino
Marta Infantino
Global indicators on human rights (HRs) aim to measure HRs scores against HRs standards. In other words, they aim to measure legal phenomena against legal benchmarks.
Despite HRs indicators’ reliance on legal knowledge, lawyers have so far neither made substantial contributions to their production, nor studied in depth the legal implications of their uses. The current state-of-the-art in the world of HRs indicators is the result of an ongoing process led by bureaucrats, economists, statisticians, and activists with limited legal training. It is these actors who are developing a new body of professional knowledge, and a new technology of governance …
Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes
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
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
Extension Of Parent Company Shareholders' Rights To Participate In The Governance Of Subsidiaries, Richard M. Buxbaum
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
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
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.
The Rise And Decline Of Legal Families, Mariana Pargendler
The Rise And Decline Of Legal Families, Mariana Pargendler
Mariana Pargendler
The effort to group jurisdictions around the world into a handful of legal families based on common characteristics of their laws has traditionally occupied a central role in the comparative law literature. This Article revisits the intellectual history of comparative law and surveys the evolution of legal family taxonomies from the first efforts at classification in the late-nineteenth century to the influential categorizations advanced by René David and Zweigert and Kötz in the 1960s. The early taxonomies differed from their modern counterparts in important ways. Although the nineteenth century is usually viewed as the apex of the common-civil law dichotomy, …
"Dignitizing" Free Speech In Israel: The Impact Of The Constitutional Revolution On Free Speech Protection, Guy E. Carmi
"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 …
Lack Of Judicial Independence And Its Impact On Transnational And International Litigation, Omar E. Garcia-Bolivar
Lack Of Judicial Independence And Its Impact On Transnational And International Litigation, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
This article is about the impact of lack of judicial independence in different areas of transnational and international litigation, such as enforcement of foreign judgement and investment disputes.
Ezra Bronstein: In Defense Of The “Better Bailout,” A Heter-Iska Comparison, Ezra Bronstein
Ezra Bronstein: In Defense Of The “Better Bailout,” A Heter-Iska Comparison, Ezra Bronstein
Ezra Bronstein
No abstract provided.
The Effect Of Military Conquest On Private Ownership: Jewish And Islamic Law, Amal Mohamad Jabareen, Israel Zvi Gilat
The Effect Of Military Conquest On Private Ownership: Jewish And Islamic Law, Amal Mohamad Jabareen, Israel Zvi Gilat
Amal Mohamad Jabareen
This article presents the legal outlooks of two fundamental religious judicial systems – Jewish (Halakha) and Muslim (Shari'a) – on the effect of war on private ownership. To be precise, this is when the conquered inhabitants are Jews or Muslims and halakhah or shari’a are their religion, respectively, but the conqueror is a non-believer or secular sovereign. Such situations evoke the following questions: To what extent the transfer of ownership by the conquering sovereign is recognized by the religious laws of the conquered population? May a member of the conquered religion acquire property that was seized by the non-believer sovereign …
Comparing Legal Argument, Jacco Bomhoff
Comparing Legal Argument, Jacco Bomhoff
Jacco Bomhoff
Extracts from a contribution setting out a methodological framework for the comparison of different forms of legal argument across different legal systems.
The full text of this chapter can be found in Adams & Bomhoff, Practice and Theory in Comparative Law (Cambridge University Press, 2012)
Государственная Власть И Местное Самоуправление В Израиле, Leonid G. Berlyavskiy
Государственная Власть И Местное Самоуправление В Израиле, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
In the article features of the government and local self-government in Israel are considered. The urgency of their studying is caused by that in this country there is no Constitution in the form of the consolidated act that pulls together it with English State-legal tradition. The democratic political mode has affirmed as Israel, elections in authorities were never cancelled. The parliamentary form of government has predetermined legal status and the competence of the President of the State, the Knesset and the Government. The local self-government system promotes the statement of democratic principles of the Israeli society
Политические Процессы В Регионе Ближнего И Среднего Востока, Leonid G. Berlyavskiy
Политические Процессы В Регионе Ближнего И Среднего Востока, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Studying of political processes in the countries of the Middle East represents considerable interest because the given region is near to southern borders of Russia, other Post-Soviet countries and should mention their political, economic and humanitarian interests. In a number of the region countries there are astable political modes (Iraq, Afghanistan, etc.), their constitutional development is braked and is affected by system of the international sanctions (the United Nations, the European Union) or State Law of the leading states of the West. On political development of some the countries (Islamic Republic Iran, the Lebanese Republic, Algeria, etc.) essential if not …
The Case For A Global Treaty On Soil Conservation, Sustainable Farming, And The Preservation Of Agrarian Culture, Nicholas A. Fromherz
The Case For A Global Treaty On Soil Conservation, Sustainable Farming, And The Preservation Of Agrarian Culture, Nicholas A. Fromherz
Nicholas A Fromherz
Soil is the foundation of life, yet we have all but ignored it in conservation efforts and legal reforms. Right under our noses, we are losing topsoil at rates that far outpace nature’s ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination—these and other threats have conspired to take away the land that feeds us. But they have done so largely at our own command. Like most environmental crises, human decisions have played a critical role in the degradation of Earth’s soils. To remedy this situation—or at least get the ball moving in that direction—I argue that we need …
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Sharo M Atmeh
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predi-cate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to ab-andon the insurable interest doctrine. As both the English and Aus-tralian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …
Courts And New Democracies: Recent Works, Tom Ginsburg
Courts And New Democracies: Recent Works, Tom Ginsburg
Tom Ginsburg
Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization and, more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this article reviews six relatively recent books: Courts in Latin America, edited by Helmke and Rios-Figueroa (2011); Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile, by Hilbink (2007); Cultures of Legality: Judicialization and Political Activism in Latin America, edited by Couso, Huneeus, and Sieder (2011); The Legacies of …
Diapositives Versus Movies – The Inner Dynamics Of The Law And Its Comparative Account, Mauro Bussani, Ugo Mattei
Diapositives Versus Movies – The Inner Dynamics Of The Law And Its Comparative Account, Mauro Bussani, Ugo Mattei
Mauro Bussani
The paper is the introduction to the Cambridge Companion to Comparative Law. The book (as well as its introduction) goes through the variety of possible nuances of comparative law. Acknowledging that diverse working comparative methods can all be useful tools to the understanding of the legal phenomena, this preface sets up two provisos. One is that any method one relies on should enable the researcher to stay close to what the law is, to how the law lives in the different settings – regardless of what one would like (i.e. regardless of what any kind of personal and cultural bias …
Of Orphans And Adoption, Parents And The Poor, Exploitation And Rescue: A Scriptural And Theological Critique Of The Evangelical Christian Adoption And Orphan Care Movement, David M. Smolin
David M. Smolin
The primary purpose of this essay is to demonstrate that the scriptural and theological analysis undergirding the evangelical adoption and orphan care movement is patently and seriously erroneous. Thus, this essay will demonstrate that, based on the standards, methods, and presuppositions broadly shared by evangelical Christians in analyzing scripture and theology, the evangelical adoption movement’s specific analysis of concepts such as “adoption” and “orphans” has been seriously deficient and has produced conclusions that are demonstrably false. The second purpose of this essay will be to indicate that these errors of scriptural and theological analysis have produced, and are producing, practices …
The Education Of Special Needs Children In Uganda: Lessons From The American Legal Environment, David Brian Dennison
The Education Of Special Needs Children In Uganda: Lessons From The American Legal Environment, David Brian Dennison
David Brian Dennison
This article is a comparative treatment of special education law and policy in Uganda and the United States. The purpose of the article provide additional perspective for those seeking to promote and champion the rights of special needs students in Uganda.
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
Nicholas A Fromherz
Forum non conveniens has been criticized as anachronistic and unfair. Critics say that it amounts to little more than economic protectionism, serving as a pretext for the dismissal of suits brought against domestic corporate defendants. Even if one does not view the doctrine as inherently flawed, it is undeniable that its application has been extremely uneven owing to the broad discretion exercised by district courts ruling on the issue. Troubling in any circumstances, the misapplication of forum non conveniens is all the more so because of the high stakes pertaining to the matter. When a case is dismissed on forum …
Semiprocedural Judicial Review, Ittai Bar-Siman-Tov
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
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
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
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
Cравнительное Избирательное Право: Обзор Исследований, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Избирательное Право Как Институт Конституционного Права Соединенных Штатов Америки, Leonid G. Berlyavskiy