Law Commons^™

L'Associazione In Partecipazione (O "Società Silente") Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Il Caso "My Way" E Il Contratto Aleatorio Unilaterale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Circolazione Dei Prodotti Finanziari E Offerta Al Pubblico Nell'art. 100 Bis Tuf, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Self-Incrimination Doctrine Is Dead; Long Live Self-Incrimination Doctrine: Confessions, Scientific Evidence, And The Anxieties Of The Liberal State, Kenworthey Bilz

Kenworthey Bilz

Confessions have historically been the most compelling evidence the state could offer at a criminal trial. However, improvements in forensic technologies have led to increased use of scientific evidence, such as DNA typing, pattern-recognition software, location tracking devices, and the like, with very impressive rates of reliability. The reliability of these methods has become so impressive, in fact, that it should lead to a reduced reliance on confessions (and other nonscientific evidence, such as eyewitness identifications) in criminal prosecutions. However, this does not mean that the doctrine of self-incrimination, which regulates the acquisition and use of confessions, will no longer …

Las Nuevas Alternativas Societarias En La Legislación Extranjera, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Intervención Administrativa Del Estado En La Actividad De Comercio Interior, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita

Anca Daniela Chirita

This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal abuses, hindrance and abuse of economic dependence. Emphasis is placed upon differences in the implementation of antitrust law and upon answering the question of whether more severe rules …

¿Es Posible La Celebración De Un Contrato De Arrendamiento Entre Copropietarios Sobre Un Bien Indiviso? A Propósito De La “Facultad” De La Corte Suprema De Hacer Realidad Los Imposibles Jurídicos, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Análise Crítica Do Julgamento Por Atacado No Superior Tribunal De Justiça (Lei Nº 11.672/08 Sobre Recursos Especiais Repetitivos), Nelson Rodrigues Netto

Nelson Rodrigues Netto

This study aims at analyzing the law enforcement system for dispute resolution involving multiple and repeated special appeals before the Superior Court of Justice.

O presente estudo tem por objetivo analisar o sistema legal de solução de conflitos envolvendo múltiplos recursos especiais repetidos perante o Superior Tribunal de Justiça.

Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou

Hou Meng

No abstract provided.

The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This Article will demonstrate that virtually all elements of Indian affairs can be traced to the decision of the United States to recognize Indian tribes as political entities and to make Indian law and policy based on the political status of Indian tribes. Indian law is often assumed to be race law. As a result, observers tend to try to force Indian law into the constitutional race law paradigm. Justice Blackmun’s footnote 24 in Morton v. Mancari – describing federal legislation and rules relating to Indian tribes as a political classification – hit upon the proper understanding of Indian law. …

China And India Competition Laws: A Comparison, Giulia Piombi

Giulia Piombi

No abstract provided.

Penn Central For Tomorrow: Making Regulatory Takings Predictable, Kenneth S. Miller

Kenneth S Miller

No abstract provided.

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 …

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]

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.

The Right Thing For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.

Why The Implied Warranty Of Workmanlike Quality Should Apply To Subsequent Purchasers Of Commercial And Residential Property In Florida, Jorge R. Delgado

Jorge R Delgado

No abstract provided.

Termination Of A Lease Contract: General View From Czech And Illinois Law, Carissa Meyer, Marketa Selucka, Johan Schweigl

Carissa Meyer

Abstract:

The article’s main focus is on the termination of a lease contract from the perspective of Illinois law, which is a part of the common law American legal system, and Czech Republic law, which is a part of the continental European system. The article seeks to highlight the similarities and differences between each system, and to look at how a lease contract is terminated in each respective legal system. The article specifically focuses on the rights of both the landlord and tenant in both systems. The article also focuses on changes made to the Czech Civil Code since the …

Ultra Vires Statutes: Alive, Kicking, And A Means Of Circumventing The Scalia Standing Gauntlet In Environmental Litigation, Adam J. Sulkowski

Adam J. Sulkowski

This article makes a critical contribution to the fields of environmental and corporate law. It explains a problem in the citizen enforcement of environmental statutes: the issue of how to establish and secure standing to sue. The article then recommends a novel solution based in corporate law: the application of ultra vires statutes. The article significantly contributes to the scholarly literature on ultra vires statutes by: (1) examining thoroughly the history of the ultra vires doctrine, especially in early American history, (2) clarifying that scholars and practitioners should now cite ultra vires statutes rather than the doctrine, (3) reviewing recent …