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Doveri E Responsabilità Degli Amministratori Di S.R.L. In Comparazione Con La Gmbh Tedesca, Valerio Sangiovanni
Doveri E Responsabilità Degli Amministratori Di S.R.L. In Comparazione Con La Gmbh Tedesca, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi
Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi
Nicola Lucchi
Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …
“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic
“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic
Antonin I. Pribetic
This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG). At first glance, the Supreme Court of Canada's decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the CISG to the overall dispute. Interestingly, the same choice of forum and choice of …
Seeds Of Hope: Agricultural Technologies And Poverty Alleviation In Rural South Africa, Karol C. Boudreaux
Seeds Of Hope: Agricultural Technologies And Poverty Alleviation In Rural South Africa, Karol C. Boudreaux
Karol C. Boudreaux
Despite having the largest economy in Africa, many of South Africa’s citizens grapple with poverty. For rural residents especially, poverty is pervasive, and hunger a very real threat. Government efforts to improve the lives of smallholder farmers and other rural residents are slow to bear fruit. Monsanto South Africa addresses these needs with its Combi- Pack, a box containing enough maize seed, herbicide, and fertilizer to plant ¼ hectare of maize. Combi-Packs are part of the phenomenon known as marketing to the “bottom of the pyramid.” Large corporations design and sell products and services to very low-income consumers, billions of …
An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine
An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine
Daniel H. Erskine
Recently, ABC News broadcast the deliberations of several juries in capital murder cases into the living rooms of the American public. The latest judicial opinion to confront the problem of televising jury room deliberations in a capital criminal case took place in the Texas Court of Criminal Appeals. The article surveys the applicable federal constitutional and statutory law, as well as state jurisprudence, relevant to the intrusion of television cameras into the jury room. Additionally, this article discusses recent Scottish and European case law addressing jury deliberation as a violation of the European Convention on Human Rights.
A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
Jess M. Krannich
No abstract provided.
L'Arbitrato Societario Nel Diritto Tedesco. Una Comparazione Con Il Diritto Italiano, Valerio Sangiovanni
L'Arbitrato Societario Nel Diritto Tedesco. Una Comparazione Con Il Diritto Italiano, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Preventive Detention In Comparative Perspective, Andrew A. Hammel
Preventive Detention In Comparative Perspective, Andrew A. Hammel
Andrew A Hammel
Both Germany and several states in the USA have passed laws permitting the confinement of certain convicted offenders after they have completely served out the prison sentence they received for their crimes. The additional confinement in prison-like conditions is usually called civil detention in English and Sicherungsverwahrung in German. This article compares of these analogous legal institutions and analyzes landmark cases of the U.S. Supreme Court and the German Federal Constitutional Court upholding post-sentence detention against constitutional challenges. The article also discusses how American and German criminal justice handle mentally disturbed offenders and how the legal system and the psychiatric …
Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic
Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic
Antonin I. Pribetic
The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent liability in contract and tort (namely, product liability) may be applicable or alternative remedies available, the focus of the CISG is the harmonization of rules governing international sale contracts. The article argues that factors such as the place of injury or where the damages are sustained are less relevant than the situs of the contract, based upon the view that, without privity of contract, the concurrent tort would not arise. …
Is Arbitration Viable In Central America?, Omar E. Garcia-Bolivar
Is Arbitration Viable In Central America?, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
This article lookes at arbitration in Central America as an alternative to a weak rule of law.
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law
David S. Law
Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order to accomplish their goals. Scholars have observed that constitutional arrangements can, by restricting a sovereign’s power, enable the sovereign to make such commitments. The opposite, however, can also be true: constitutional arrangements can and do impede sovereign commitment by entrenching inalienable governmental powers and immunities. This Article explores the nature and origins of the commitment problems that sovereigns face, and the role of courts in solving such problems. It begins by setting forth an analytical distinction between effective and persuasive commitments. Effective commitments are made …
A Comparative Study In The Law Of The Non-Existent: Contract Invalidity In The U.S. And Russia, Sergey Budylin
A Comparative Study In The Law Of The Non-Existent: Contract Invalidity In The U.S. And Russia, Sergey Budylin
Sergey Budylin
Agreements purported to create contracts can be ranged based upon the degree of their enforceability. Despite visibly huge conceptual and terminological differences in contract law of the U.S. and Russia, in both countries such agreements can be divided into the same categories. These are (1) agreements without any legal consequences (no contract is formed), (2) perfectly enforceable agreements, (3) agreements of avoidable enforceability (known as voidable contracts in both countries), (4) agreements of otherwise qualified enforceability (this logically necessary category is notably empty, or almost so), and (5) unenforceable agreements with some legal consequences (including all void contracts in Russia).
What's New In Eu Trade Dispute Settlement? Judicialisation, Public-Private Networks And The Wto Legal Order, Gregory C. Shaffer
What's New In Eu Trade Dispute Settlement? Judicialisation, Public-Private Networks And The Wto Legal Order, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
David B Kopel
Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.
John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson
John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson
Blake A Watson
Contrary to the statements of John Marshall in Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), the native inhabitants of America were considered by many as the absolute and "true" owners of the lands they occupied, and could retain or transfer title to their lands as they saw fit. The founder of Rhode Island, Roger Williams, argued that Europeans could justly occupy lands in America only through purchase from the Indians. Likewise, individuals in New Jersey who based their title on Indian deeds championed native land rights in the eighteenth century. It is evident that Marshall's statement that Indians …