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Articles 1 - 5 of 5
Full-Text Articles in Law
Towards Universal Fiduciary Principles, Tamar Frankel
Towards Universal Fiduciary Principles, Tamar Frankel
Faculty Scholarship
Fiduciary relationships play an important role in civil law and common law jurisdictions. While both legal systems offer similar outcomes in upholding fiduciary law principles, the way they achieve these ends is fundamentally different. In common law jurisdictions, fiduciary law is rooted in the law of property. By contrast, in civil law jurisdictions, fiduciary principles find their source in contract law. This article seeks to reconcile these differences, by identifying universal principles that apply to both systems. The author describes the sources of fiduciary law in the common law and the civil law, then highlights underlying differences between the two …
Chapter 16: Transnational Legal Process Theories, Maya Steinitz
Chapter 16: Transnational Legal Process Theories, Maya Steinitz
Faculty Scholarship
THIS chapter is devoted to transnational legal process theories. In 1955, Philip Jessup, in his Storrs Lectures at Yale, famously coined the term “transnational law” as he searched for a concept that would capture the legal regulation of actions or events that transcend national boundaries and that can accommodate both public and private international law. Further, while the traditional concept of “international law” referred to the law regulating relationships between states, the new term encompassed legal relationships of and amongst individuals, corporations, and organizations as well as states.
In other words, as early as the 1950s, and thereafter with increased …
On Selling Civil Recourse, Andrew S. Gold
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.