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Full-Text Articles in Law

Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton Sep 2010

Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton

Annual Survey of International & Comparative Law

This article examines a feminist argument concerning the gendered structure of tort law in which interests that can be identified as gendered are subject to different levels of recognition resulting from gender bias. Using a comparative methodology, the article contends that negligence law regarding pure-economic loss and indirect-emotional harm is constructed along lines of gender bias. The argument is underlined by the notion of gender-related interests, establishing pure-economic loss as male-related and indirect-emotional harm as female-related. On its first comparative analysis, the similarities and differences between these two harms as perceived by tort conventions and principles should have yielded leverage …


Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell Aug 2010

Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell

Annual Survey of International & Comparative Law

Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke is a Liber Amicorum in which writings by international law scholars from around the globe have been compiled to honor Prof. Christian Nwachukwu Okeke: scholar, law professor, mentor, father, and husband.


Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier Aug 2010

Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier

Annual Survey of International & Comparative Law

No abstract provided.


The Modern Concept Of Secularism And Islamic Jurisprudence: A Comparative Analysis, Dr. Nehaluddin Ahmad Aug 2010

The Modern Concept Of Secularism And Islamic Jurisprudence: A Comparative Analysis, Dr. Nehaluddin Ahmad

Annual Survey of International & Comparative Law

The essence of the word 'secularism' depends upon a variety of factors existing in a particular state, e.g. the society's composition, political history, and the potential of its minority groups, as well as the prevailing international circumstances. In the matter of secularism and Islam, the world is misinformed and misguided. Most people who engage in these discussions do not have a clear idea of the Islamic way of life. Typically, Islamic scholars must take great steps to prove that Islamic Doctrine contains all types of contemporary social and political thought and action, such as the nature of democracy, social justice, …


Comparative Law, Edward J. Eberle Aug 2010

Comparative Law, Edward J. Eberle

Annual Survey of International & Comparative Law

It is the aim of comparative law to examine the legal rules and patterns of order that drive a given society. For subjects of a particular legal system, this is a question of acculturation. Being the product of a culture, we often intuitively sense the hidden forces that play out below the surface of the external manifestation of law. Therefore, this task becomes more difficult when we find ourselves dealing with a foreign legal system. We must then call upon the tools of the anthropologist or archeologist: studying the underlying substrata of data that lie within a culture.


Comparative Study Of Cruel & Unusual Punishment For Engaging In Consensual Homosexual Acts (In International Conventions, The United States And Iran), Sanaz Alasti Aug 2010

Comparative Study Of Cruel & Unusual Punishment For Engaging In Consensual Homosexual Acts (In International Conventions, The United States And Iran), Sanaz Alasti

Annual Survey of International & Comparative Law

This article undertakes a comparative study of cruel and unusual punishment for consensual homosexual acts, in the United States and Iran, based on the prohibition of these punishments in international conventions. The primary object of this paper is to establish that the criminalization of consensual homosexual acts is arbitrary and as capricious as punishing other minorities. Furthermore, criminalization contradicts the object and purpose of the Universal Declaration of Human Rights and virtually every other law concerning sexual minorities. This article is further motivated by the novelty and necessity of the topic. Surprisingly little research has been done focusing on this …