Digital Commons Network^™

El Pretendido Efecto Retroactivo De La Condición Cumplida, Patricio Lazo

Patricio Lazo

The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer “yes, there was such a retroactive effect”, while others simply deny it. In examining those texts, the author assumes the methodological premise according to which Roman jurists were used to review the cases as decided by earlier jurists, in order, either to confirm the old jurisprudence, or to establish new and varying solutions to the problems. In that perspective, the …

Citation List: Working Papers, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to my working papers.

[27 May 2015]

The Ecb And Target 2 - Securities: Questions On The Legal Basis, Marco Lamandini

Marco Lamandini

The current European system of securities’ clearing and settlement is still rather fragmented along national boundaries, thereby making cross border operations costly and less efficient. As a response to this, the European Central Bank (“ECB”) is launching the project of a centralized public securities’ settlement platform, called “Target 2 Securities” (“T2S”), which would entitle each participant to settle, through a single Target2 account, any securities’ transaction performed through a Central Securities Depository that provides for settlement in central bank money in Euro. The legal basis of T2S is to be found in Article 105 (2) of the EC Treaty and, …

La Responsabilità Dell'intermediario Finanziario Nel Diritto Austriaco Sullo Sfondo Del Diritto Comunitario E Un Suggerimento Al Legislatore Italiano, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Doveri E Responsabilità Degli Amministratori Di S.R.L. In Comparazione Con La Gmbh Tedesca, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Thinking About Law And Policy: Lessons For Lawyers, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The paper outlines a simplified view of the paradigmatic approaches of the disciplines of law to legal issues and policy analysis to policy issues. It examines the strengths and weaknesses of the inherent biases likely to emanate from each approach when applied to matters of policy advice within Government. It suggests that, when approaching policy issues, those with legal training should be aware of the need to: identify the government’s objective; identifying all relevant policy options; and the need to undertake a broad analysis of all relevant considerations.

"Resolving The Foreshore And Seabed Dispute", Matthew S. R. Palmer

The Hon Justice Matthew Palmer

There has been serious political and legal conflict in New Zealand in recent years between indigenous Maori claims of rights to the foreshore and seabed and the understandings of non-Maori New Zealanders. This book chapter analyses the political leadership provided in this conflict from 1997 to 2005. It applies an approach to leadership developed by Ronald Heifetz which emphasizes the importance of identifying and addressing the real issues underlying a conflict. Applying Heifetz's diagnostic to the foreshore and seabed conflict suggests that the absence of constitutional mechanisms for dealing with the relationships between the Crown, Maori and other New Zealanders …

Internette Ifade Ozgurlugu (Turkish Version), Baris Gunaydin

Baris GUNAYDIN

No abstract provided.

Introduction, Symposium On The People Themselves: Popular Constitutionalism And Judicial Review, Daniel W. Hamilton

Daniel W. Hamilton

No abstract provided.

Popular Constitutionalism In The Civil War: A Trial Run, Daniel W. Hamilton

Daniel W. Hamilton

No abstract provided.

Refusing The Right To Refuse: Coerced Treatment Of Mentally Disabled Persons, Grant H. Morris

Grant H Morris

Under the common law doctrine of informed consent, if a person is competent to understand the risks, benefits, and alternatives to proposed treatment, that person is allowed to decide whether to accept or reject the proposed treatment. Informed consent is not required if the person is incompetent or if an emergency arises that necessitates treatment to save the person’s life.

Nevertheless, various devices are used to deny mentally disordered persons their right to refuse treatment even when they are competent decisionmakers and even when no emergency exists. For example, some courts substitute a “limited due process” model for a “full …

The Confederate Sequestration Act, Daniel W. Hamilton

Daniel W. Hamilton

In the South there was near ideological consensus on the legal basis for seizing Union property during the Civil War. The United States was an enemy belligerent whose property was, at international law, subject to permanent confiscation during war. Through the resort to international law, the Confederacy was able not only to assert its sovereignty, but also to craft a far more rigorous and effective confiscation regime much quicker than their Northern counterparts. U.S. citizens were, at Confederate law, foreigners, and were not due the protections of domestic Confederate constitutional law. U.S. citizens were not traitors or rebels, and in …

Derecho A La Intimidad Y Responsabilidad Civil. El Refuerzo De Los Derechos Fundamentales A Través De Los Remedios Civilísticos, Leysser L. Leon

Leysser L. León

¿Puede la responsabilidad civil cumplir funciones de refuerzo de derechos de la personalidad (derechos fundamentales)? La protección resarcitoria de la intimidad es la clave para analizar el impacto de esta nueva función de una institución del derecho privado que se renueva permanentemente.

The Psychology Behind Case Briefing: A Powerful Cognitive Schema, Leah M. Christensen

Leah M Christensen

Abstract: Why is case briefing so important for first year law students? This article explores the way in which law students learn in the context of case analysis. As new students approach case analysis for the first time, the case brief is an effective “schema” to provide students with a framework within which to analyze a legal opinion. Case briefing does more than simply allow students to pull out the holding of a case; it helps beginning law students organize a legal opinion’s analytical framework accurately and efficiently. This article urges legal educators to consider how the current research on …

Correlation Versus Causality: Further Thoughts On The Law Review/Law School Liaison, Ronen Perry

Ronen Perry

This Essay is the third in a series of articles discussing the relative value of American law reviews, and a response to Professor Alfred Brophy's elaboration of my initial study of the high mathematical correlation between law review quality, as manifested in citation-based measures, and law school reputation. Given my prior interest in the relative value of American law reviews, I have used the abovementioned correlation as a means to explain some of the variance in quality among law reviews. Brophy's empirical findings overlap mine, yet the extent of his analysis, as well as his interpretation and utilization of the …

The Relative Value Of American Law Reviews: Refinement And Implementation, Ronen Perry

Ronen Perry

This Article complements a recently published paper in which I discussed the theoretical and methodological aspects of law review rankings. The purpose of this Article is twofold: refinement of the theoretical framework, and implementation. It proposes, defends, and implements a complex ranking method for general-interest student-edited law reviews, based on a judicious weighting of normalized citation frequency and normalized impact factor. It then analyzes the distribution of journals’ scores, and the diminishing marginal difference between them. Finally, it examines the correlation between law schools’ positions in the U.S. News & World Report 2006 ranking and their flagship law reviews’ positions …

Tort Liability Of Recalcitrant Husbands, Yehiel S. Kaplan, Ronen Perry

Ronen Perry

A Jewish man and a Jewish woman, both residents of the State of Israel, are married in a Jewish religious ceremony. After their relationship encounters difficulties, the woman applies for a divorce in accordance with Jewish law (hereinafter: a Gett). A Rabbinical Court determines that the man has to grant his wife a Gett, but he disobeys the ruling. The Rabbinical Courts (Enforcement of Divorce Rulings) Act, 1995, enables the court to impose various sanctions on the recalcitrant husband but despite the sanctions, or as a result of the court's reluctance to impose them, the man remains recalcitrant. Under these …

As Alterações Das Hipóteses De Cabimento Dos Recursos Extraordinário E Especial Promovidas Pela Emenda Constitucional Nº 45, De 8 De Dezembro De 2004, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Search For Minimal Risk In International Pediatric Clinical Trials, Tracey E. Chan

Tracey E Chan

Difficult ethical and regulatory challenges are raised whenever children are enrolled in non-beneficial research. Their resolution takes on new significance in the light of transnational pharmaceutical development trials in developing countries. This paper examines what international guidelines exist and how they address the challenges posed by involving children in non-beneficial clinical trials, focussing on the concept of ‘minimal’ risk as a legal and ethical standard to protect children from exposure to unwarranted risks presented by such trials. It reviews several domestic approaches to the question of minimal risk before evaluating the adequacy of existing international guidelines to address the needs …

All In The Family: The Apocalyptic Legal Tradition As Crit Theory, Marc L. Roark

Marc L. Roark

In 1986, a new genre of American legal education emerged upon the American legal conscience. Regent University (then CBN University) opened the first expressly evangelical law school and initially only accepted committed evangelical believers into its program. Since Regent’s beginnings, at least three other law schools have opened with similarly expressed missions of recapturing the faith in the teaching of American law; the most recent is Jerry Falwell’s Liberty University. This essay draws attention to Regent and Liberty as evangelical manifestations of American jurisprudential philosophy. Though formed out of a perceived need to inject conservative values (often times confused as …

The Iron Cold Of The Marshall Trilogy, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This article examines the Marshall Trilogy of federal Indian law from numerous perspectives - legal pedagogy, legal history, federalism and constitutional law, law and literature, and law and economics.

Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher

Matthew L.M. Fletcher

A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the …

The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison

Michael J. Madison

This Essay was written as part of a Symposium on open access publishing for legal scholarship, held at Lewis & Clark Law School. It makes the claim that “open access” publishing models will succeed, or not, to the extent that they account for the existing “economy of prestige” that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy – or perhaps especially by them) may facilitate the …

The Economics Of Open Access Law Publishing, Jessica Litman

Jessica Litman

The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. The role of copyright in the dissemination of scholarly research is in many ways curious, since neither authors nor the entities who compensate them for their authorship are motivated by the incentives supplied by the copyright system. Rather, copyright is a bribe to entice professional publishers and printers to reproduce and distribute scholarly works. As technology has spawned new methods of restricting access to works, and copyright law has enhanced copyright owners’ rights to …

Justicia Civil: Diagnóstico, Evidencia Empírica Y Lineamientos Para Una Reforma, José Francisco García, Francisco Javier Leturia Infante

José Francisco García

No abstract provided.

Sex And Capital: What They Tell Us About Ourselves, Claire Moore Dickerson

Claire Moore Dickerson

From a Symposium on People of Color, Women, and the Public Corporation: Different perceptions of public corporations and of business enterprises in the US and Ghana underscore differences in those institutions, as well as issues of gender and class.

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

El Problema De Las Fuentes Del Derecho: Una Perspectiva Desde La Argumentación Jurídica, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

This article argues that there is a very vast complexity in the theory of sources of law. According to the traditional doctrine the sources are ordered in a coherent and precise manner and the interpreter has only to apply a clear hierarchy. However, looking at the way some judges in Colombia have applied their sources, it seems that the traditional way of looking to this problem is not an accurate description of what is happening in practice. Therefore, an alternative way of understanding the practice of our judges is proposed, in order to build a description that shows us in …

Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky

Juliet P Kostritsky

This Article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic behavior and thereby increasing gains from trade and overall welfare. Plain meaning and incorporation must each be evaluated to see how each one can achieve the parties’ presumed instrumental goals of curbing opportunism—the “hold-up” game. Decision makers should also consider the particular reasons why parties failed to include the trade usages n their …

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the employment …