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Full-Text Articles in Law
Educational Choice And The Courts: U.S. And Germany, John Coons
Educational Choice And The Courts: U.S. And Germany, John Coons
John Coons
No abstract provided.
Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas Howson
Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas Howson
Nicholas Howson
No abstract provided.
The Giving Reasons Requirement, Martin Shapiro
The Procedural Fortress Of Us Immigration Law, Jill Family
The Procedural Fortress Of Us Immigration Law, Jill Family
Jill E. Family
Prosecutors As Judges, Erik Luna, Marianne Wade
General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder
General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder
David Snyder
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and …
China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski
China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski
John J. Capowski
Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi
Nicola Lucchi
In January 2010, after a troubled process, the French law for “creation and Internet”, commonly known as Hadopi 2, was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel (France’s highest constitutional authority), through Decision No. 2009-580 DC of the 10th of June 2009. The Conseil examined the mechanism of sanctions introduced by the regulatory measure assessing the compliance with fundamental rights and freedoms, such as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, the respect of the right to …
An Excuse-Centered Approach To Transitional Justice, David Gray
An Excuse-Centered Approach To Transitional Justice, David Gray
David C. Gray
Transitional justice asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those most responsible, amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …
Restitution In America: Why The U.S. Refuses To Join In The Global Restitution Party, Chaim Saiman
Restitution In America: Why The U.S. Refuses To Join In The Global Restitution Party, Chaim Saiman
Chaim Saiman
In the past generation, restitution law has emerged as global phenomenon. From its Oxbridge home restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In sharp contrast to the Commonwealth, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution is meager, at best. Similarly, while restitution, equity and tracing cases receive considerable treatment at the highest levels of the English judiciary, U.S. courts do not seem interested …
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Perspectives On The Judicial Reform In Mexico, José Ramón Cossío Díaz
Perspectives On The Judicial Reform In Mexico, José Ramón Cossío Díaz
José Ramón Cossío Díaz
No abstract provided.