Law Commons^™

Judicial Case Management: Caught In The Crossfire, Steven S. Gensler

Steven S. Gensler

No abstract provided.

Compliance Requirements For Chinese Automobile Market Players, Tao Liang

Tao LIANG

Foreign Investment Catalogues And Investment Environment In China, Tao Liang

Tao LIANG

Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam

Shubhankar Dam

No abstract provided.

Pakistan’S Dialogic Turn, Shubhankar Dam

Shubhankar Dam

No abstract provided.

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts, …

Expertos Y Seguidores. Poder Nominador Del Presidente, Burocracia Y Capacidad Del Estado Colombiano, 2002-2010, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

No abstract provided.

China's Approval Regime On Outbound Investment, Tao Liang

Tao LIANG

The Other Side Of The Cafa Effect: An Empirical Analysis Of Class Action Activity In The Oklahoma State Courts, Steven S. Gensler

Steven S. Gensler

No abstract provided.

Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox

Kenneth H Fox

This article provides an overview of restorative justice practices in the United States. It offers a brief history of the field, articulates its underlying values, and describes its primary forms of practice. The purpose of this article is to introduce readers to an emerging and important way to re-think how citizens relate to one another and to the “state” when crime occurs.

Resolving Cases On The Merits, Jay Tidmarsh

Jay Tidmarsh

Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.

How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The Citation Of Blogs In Judicial Opinions, Lee F. Peoples

Lee Peoples

No abstract provided.

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …

Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate

Manoj S. Mate

Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira

Claudio Fuentes Maureira

One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.

From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified in …

Veil-Piercing, Peter B. Oh

Peter B. Oh

From its inception veil-piercing has been a scourge on corporate law. Exactly when the veil of limited liability can and will be circumvented to reach into a shareholder’s own assets has befuddled courts, litigants, and scholars alike. And the doctrine has been bedeviled by empirical evidence of a chasm between the theory and practice of veil-piercing; notably, veil-piercing claims inexplicably seem to prevail more often in Contract than Tort, a finding that flouts the engrained distinction between voluntary and involuntary creditors. With a dataset of 2,908 cases from 1658 to 2006, this study presents the most comprehensive portrait of veil-piercing …