Law Commons^™

Aspectos Legais Dos Mecanismos De Compartilhamento Monetário: Currency Board, União Monetária E Adoção De Moeda Estrangeira [Legal Aspects Of Currency-Sharing Mechanisms: Currency Board, Monetary Union, And Adoption Of A Foreign Currency], Jefferson Alvares

Jefferson Alvares

Aborda os aspectos jurídicos dos mecanismos que possibilitam a utilização de uma mesma moeda por mais de um Estado: o currency board, as uniões monetárias e a adoção de moeda estrangeira. Analisa as raízes sociais e jurídica da moeda; o papel da moeda na economia internacional, incluindo detalhes sobre os mecanismos de compartilhamento monetário; e as condições para a criação de uma área monetária unificada no Mercosul.

[The paper deals with the legal aspects of mechanisms that enable a single currency to be officially employed in two or more national economies: currency boards, monetary unions, and outright use of a …

International News V Associated Press: A Theme And Variations Over Four Days, Christopher Wadlow

Christopher Wadlow

A series of four classes at the University of Trier (Germany) for undergraduate law students, using the International News v Associated Press case 248 U.S. 215 (1918) to discuss some principles of unfair competition and copyright law, as well as some more fundamental doctrines from the common law, and American Constitutional law.

Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel

David B Kopel

Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are required to substitute principles of judicial restraint for an inquiry into the original meaning of the Constitution. Accordingly, argues J. Harvie Wilkinson, III, the Supreme Court's Second Amendment decision in District of Columbia v. Heller is an activist decision just like Roe v. Wade: "[B]oth cases found judicially enforceable substantive rights only ambiguously rooted in the Constitution's text." In this response, we challenge his critique.

Part I shows that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of the people to keep …

Mexico, David Enríquez Rosas

David Enríquez Rosas

No abstract provided.

Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang

Jie Huang

Different from scholarship that focuses on the relationship between China and International Law regarding territory, armed conflicts, human rights violations, this article explores the relationship between China and International Law in a commercial setting. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors. Moreover, this article goes beyond contemporary scholarship that concerns international commercial law and China but only focuses on the text of Chinese statutes and judicial interpretations: it elaborates how courts apply statutes and judicial interpretations in actual adjudications through cases studies. By covering cases decided by the Supreme People’s Court and …

Who's Your Daddy?: A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween

Gretchen S. Sween

ABSTRACT Who’s Your Daddy?: A Psychoanalytic Exegesis of the Supreme Court’s Recent Patent Jurisprudence Gretchen S. Sween, Ph.D., J.D. Dechert LLP 300 W. 6th Street Suite 1850 Austin, TX 78701 gretchen.sween@dechert.com Since a new administration took office in 2001, the Supreme Court has granted certiorari in, and then decided, twelve patent cases in six years. Even more extraordinary is the Supreme Court’s remarkable consistency during this recent incursion into patent law: it has either reversed, vacated, and/or remanded Federal Circuit decisions in each instance in opinions that have been unanimous or nearly unanimous. Moreover, the Supreme Court’s rhetoric in formulating …

Getting Property Right: Informal Mortgages In The Japanese Courts, Frank George Bennett

Frank George Bennett Jr.

In Japan's civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or “title-transfer security interest”, that is created by conveying legal title to the creditor, with a promise to restore title to the debtor upon repayment. This commercial practice pre-dates the deployment of the nation's modern system of alienable title, and as such its modern treatment in the courts provides an informative window on forces that shape a property system undergoing rapid change in the face of economic expansion. When the Civil Code was enacted at the end of the 19th century, recognition of “title-transfer …

The Judges V. The State: Obtaining Adequate Judicial Compensation And New York's Current Constitutional Crisis, Justin S. Teff

Justin S Teff

The problem of obtaining adequate judicial compensation, a cornerstone of judicial independence, has now reached the level of a constitutional crisis in New York. In this year and the last, three separate law suits have been brought by New York judges against the coordinate branches of government regarding the constitutionality of the near decade-long failure to provide for judicial pay increases. This article reviews the history of the present crisis, the judges’ lawsuits, and makes conclusions regarding the state Constitutional claims regarding New York’s no-diminution clause and separation of powers doctrine. The article also reviews the proper remedy should the …

Discovering The Role Of The Firm: The Separation Criterion And Corporate Law, Daniel F. Spulber

Daniel F Spulber

Professor Daniel F. Spulber presents a theory of the firm based on the ability to separate the objectives of the firm from those of its owners. He introduces a separation criterion which defines a firm as a transaction institution such that the consumption objectives of the institution’s owners can be separated from the objectives of the institution itself. The separation criterion provides a bright line distinction between firms and other types of transaction institutions. Firms under this criterion include profit-maximizing sole proprietorships, corporations, and limited-liability partnerships. Institutions that are not classified as firms include contracts, clubs, workers’ cooperatives, buyers’ cooperatives, …

A Reply To My Well Meaning Critics (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

Tillman's opening paper can be found at: Seth Barrett Tillman, Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone's Melville B. Nimmer Memorial Lecture and Essay, 114 Penn St. L. Rev. 391 (2009) (unabridged version), available at http://works.bepress.com/seth_barrett_tillman/111/, also available at http://ssrn.com/abstract=1333576; Seth Barrett Tillman, Blushing Our Way Past History, 2009 Cardozo L. Rev. de novo 46 (abridged version), http://tinyurl.com/qcql96, also available at http://works.bepress.com/seth_barrett_tillman/123/, also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1399661.

Professors Blomquist, Sheppard, Peabody, and Green (forthcoming) have written critiques of (aspects of) my paper (or of Stone-Tillman), and I will reply here.

[April 29, 2011]

Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward

Dr. David Milward

The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Alexandra Natapoff

Achieving The Purpose Of Ipa- A Case Of Hit And Miss, Tammy Johnson

Tammy Johnson

Extract:

The introduction of the Integrated Planning Act 1997 (Qld) ('IPA') saw planning law in Queensland implement extensive reform measures. The catch-cry for IPA was 'integration'.

IPA looked to provide a completely integrated development assessment system ('IDAS'). This system sought to combat the inefficiencies experienced under the previous Local Government (Planning and Environment) Act 1990 (Qld). *

Town Planning legislation in Queensland had its roots in the 1930s and until IPA the fundamental nature of the legislation had remained virtually unchanged. In its second reading speech to Parliament on 30 October 1997 * Hon. D.E. McCauley touted IPA as 'state-of-the-art …

Lawyers Should Have A Professional I.D., Lawrence K. Hellman

Lawrence K. Hellman

No abstract provided.

El Aval, Carlos Molina Sandoval

Carlos Molina Sandoval

El aval ha sido caracterizado como la garantía cambiaria del pago de una letra de cambio o pagaré a su vencimiento, que reviste todos los caracteres de las obligaciones cartulares, es decir, constituye una obligación unilateral de voluntad literal autónoma y formal, sometida al rigor cambiario; garantía adicional y objetiva, de pago de la letra o del pagaré; garantiza la extinción del crédito incorporado en el documento y con relación al pago de dicha obligación. Por ello, el aval, como garantía cambiaria que es, goza de los caracteres de literalidad, incondicionalidad, abstracción, autonomía e independencia. A ello, hay que sumarle …

Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watching, William A. Herbert

William A. Herbert

Legal and public policy ideas and concepts are known to traverse national borders. The rapidity of this multinational exchange of ideas has been substantially enhanced through the technological revolution over the past two decades. How a nation adopts or rejects particular ideas and concepts reflects on its particular history, culture and priorities. The establishment of legal protections for privacy against intrusions by governments, employers, companies and individuals represents a concept that has been adopted in different ways by other nations. This article will focus on how the European Union and certain Western countries have approached the issue of protecting individual …

De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra

Beatriz Ramirez

Es una publicación que analiza la tramitación de los delitos contra la libertad sexual en el Perú. Analiza la legislación procesal vigente aún en varias regiones del país: el Codigo de Procedimientos Penales. No se considera el proceso que viene siendo implementado con el nuevo Código Procesal Penal del año 2004.

Towards A Proper Juvenile Justice System In Bangladesh From A Cluttered One: An Analytical Overture On Focusing Human Rights Perspective, Zafrin Andaleeb, Abu Noman Mohammad Atahar Ali, Abu Saleh Md. Tofazzel Haque

Abu Noman Mohammad Atahar Ali

No abstract provided.

Customary International Law In The 21st Century, Timothy L. Meyer, Andrew T. Guzman

Timothy Meyer

This chapter considers the role of customary international law (CIL) in a world in which the treaty has become the predominant instrument of international legal cooperation. Far from rendering CIL irrelevant, the chapter argues that the increased use of more formal, institutionalized legal agreements to govern interstate relationships can actually increase the importance of CIL, both by increasing the credibility and clarity of customary rules and by relying on the interstitial nature of CIL to reduce the costs associated with contracting between states.

We employ a functionalist theory of CIL, in which the beliefs of states are the only relevant …

"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …

"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …

Human Rights Protection Under The Nigerian Constitution, Ibrahim Sule

Ibrahim Sule

No abstract provided.

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.

The Myth Of International Delegation, Andrew T. Guzman, Jennifer Landsidle

Andrew T Guzman

There is a growing and misinformed sense in some quarters that the United States and other countries have engaged (and continue to engage) in delegations to international institution that involve a significant threat to domestic sovereignty. Concerns about such delegations come from academics (John Yoo: “Novel forms of international cooperation increasingly call for the transfer of rulemaking authority to international organizations”), prominent politicians (Bob Barr: “Nary a thought is given when international organizations, like the UN, attempt to enforce their myopic vision of a one-world government upon America, while trumping our Constitution in the process. Moreover, many in our own …

Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne

Péter Cserne

No abstract provided.

Write To Win, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin

Craig Martin

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …

Pondering Fdi In Crisis: Investment Could Drop Or It Just Might Rise, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Pondering FDI in crisis: investment could drop or it just might rise", op. ed., Shanghai Daily, 28 November 2008, p. A. 6.

An 'Unconventional Truth': Conflict Of Laws Issues Arising Under The Cisg, Antonin I. Pribetic

Antonin I. Pribetic

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and choice of law principles developed within Canadian jurisprudence. Following a brief contextual overview of the CISG, Articles 1(1) (a) and 1(1) (b) and Article 6 of the CISG are highlighted, with specific reference to recent Canadian and foreign judicial decisions and foreign arbitral awards involving Canadian parties. The article concludes with a clarion call to justice stakeholders, particularly, Canadian commercial lawyers and …

Sovereign Funds: Opportunities And Concerns, Myriam Kairouz Aucar

Myriam Kairouz Aucar

Sovereign funds are not a new notion. But they are attracting so much attention now because of their size, their rapid growth having quadrupled in size between 2003 and 2007 , and because they are investing in the US financial market institutions. This paper will explain the Sovereign Wealth Funds, address the concerns they raise as well as their importance, and try to get a view of how to balance the need for these funds with the dangers they represent. The paper also discusses some protective measures that have been emplemeted as well as some suggested protective measures.