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Full-Text Articles in Law
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Michigan Journal of Gender & Law
This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Michigan Journal of International Law
This Article is intended to bring the U.S. legal community up to date on the attempt in Italy to put in place a more accusatorial trial system. The Article is divided into three sections. Section I describes the central provisions of the Code of Criminal Procedure that was adopted in 1988. It shows that a close look at the Italian system reveals that it was never intended to be an exact model of either the U.S. or English trial systems, because it always contained central features that are found in civil law systems on the continent. Rather, the changes in …
Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand
Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand
University of Michigan Journal of Law Reform
Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Michigan Journal of International Law
This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.
The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia
The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia
Michigan Journal of International Law
This article will address how it has been possible that the same Court, interpreting the same Constitution and facing the same problems, has come to such contradictory conclusions, and will assess the impact of such conclusions on the institutional relationship between the EC and Italy.
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Michigan Law Review
A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba
Michigan Law Review
Political Laws have been the subject of a much disputed doctrine. It has been stated by Dicey, and by other authoritative writers in various countries, that a court has no jurisdiction to entertain an action for the enforcement of a "political law" of a foreign state. The term "political law" is not limited to the field of public law. It is, of course, only exceptionally that rules governing the relations between a state and its citizens are given extraterritorial effect. The doctrine goes further. It holds that rules which are technically a part of private law, but which are designed …
Italian Administrative Courts Under Fascism, Paul B. Rava
Italian Administrative Courts Under Fascism, Paul B. Rava
Michigan Law Review
Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
Michigan Law Review
That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
Michigan Law Review
For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.