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Full-Text Articles in Law

La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher Dec 2012

La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher

Dave De ruysscher

Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets in ...


Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr. Jan 2012

Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article ...


Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr. Jan 2012

Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in the Progressive ...


Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher Oct 2011

Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher

Dave De ruysscher

In this contribution it is demonstrated how in the seventeenth and eighteenth centuries Dutch rules concerning negotiable credit instruments (i.e., bills obligatory to bearer and bills of exchange) transformed financial law throughout the European continent. The Antwerp and Amsterdam authorities devised precepts of law on such issues that went against substantial principles of the academic ius commune. In the course of the seventeenth century, the former’s success brought about their insertion into financial legislation of German cities. This phenomenon came along with a new comparative approach of legislators in the whole of Europe, which was typical of that ...


Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr. Jan 2008

Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative ...


Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher Jan 2008

Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher

Dave De ruysscher

In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.


Response: The Values Of Legal Archaeology, Judith Maute Jan 2000

Response: The Values Of Legal Archaeology, Judith Maute

Judith L. Maute

No abstract provided.