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Articles 1 - 12 of 12

Full-Text Articles in Law

Educational Choice And The Courts: U.S. And Germany, John Coons Dec 2015

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 Dec 2015

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 Dec 2015

The Giving Reasons Requirement, Martin Shapiro

Martin Shapiro

No abstract provided.


The Procedural Fortress Of Us Immigration Law, Jill Family Dec 2014

The Procedural Fortress Of Us Immigration Law, Jill Family

Jill E. Family

Immigrants face many obstacles. This paper reveals a less obvious one: the procedural system designed to adjudicate immigration removal cases. In the United States, the procedural system itself has become a barrier for immigrants. A structure intended to provide procedural safeguards for immigrants has instead become an obstruction. Instead of facilitating fair and efficient process, the system is dysfunctional. It is collapsing under its own weight and is unable to adjudicate consistently in a fair and competent manner. This failed procedural system is a barrier to immigration that needs to be fixed. The failure to fix it, despite longstanding and …


Prosecutors As Judges, Erik Luna, Marianne Wade Jan 2013

Prosecutors As Judges, Erik Luna, Marianne Wade

Erik Luna

No abstract provided.


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 Sep 2012

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 Dec 2011

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

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting out the traits that distinguish …


Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi Dec 2010

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 Aug 2009

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 Dec 2007

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 Dec 2007

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 Dec 2006

Perspectives On The Judicial Reform In Mexico, José Ramón Cossío Díaz

José Ramón Cossío Díaz

No abstract provided.