Law Commons^™

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …

Bloque De Constitucionalidad Y Proceso De Inconstitucionalidad De Las Leyes, Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.

Property Right And Tortious Wrong In Vincent V. Lake Erie, Gregory C. Keating

Gregory C. Keating

High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou

Hou Meng

No abstract provided.

For Women, A Court Of Last Appeal, Saumya Uma

Dr. Saumya Uma

Responsabilità Degli Amministratori Di S.R.L. Tedesca (Gmbh) Nei Confronti Della Società, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Which Countries Count?: Lawrence V. Texas And The Selection Of Foreign Persuasive Authority, Rex D. Glensy

Rex Glensy

This Article provides a selection process for foreign persuasive authority within the context of comparative analysis by combining the results of an historical analysis of the use of foreign authority with modern trends in social sciences and legal scholarship. It argues that the ethos of comparative law is one of informed nation selection, and that its proponents should not shy away from this reality but tackle it head on. It describes an approach to such selection process, one which combines historical fact, normative desirability, and contemporary understanding of judicial interpretative techniques, and shows how courts can integrate this approach within …

Intimacy And Economic Exchange, Jill Elaine Hasday

Jill Elaine Hasday

The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships.

The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …

El Presupuesto Del Sector Público, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Reflections On The Admiralty Prospects Of Mixed Policies, Graydon S. Staring

Graydon S. Staring

The existence of admiralty jurisdiction determines not only access to a federal court sitting in admiralty, but also, when suit is brought elsewhere, the law to be applied. The recent Kirby decision in the Supreme Court and Folksamerica decision in the Second Circuit open the prospect of a more liberal access to admiralty jurisdiction and to the law of marine insurance, where the policy applies, or may apply, to non-marine risks.

Reducing Vat Transfer Pricing Abuse, Camilo Martinez

Camilo Martinez

No abstract provided.

La Reedificación Conceptual De La Responsabilidad Extracontractual Objetiva, Gastón Fernández Cruz, Leysser L. León

Leysser L. León

El artículo 1970 del Código Civil peruano incluye una cláusula normativa general de responsabilidad civil por actividades riesgosas y peligrosas. En las páginas de este ensayo se enmarca históricamente y desde una perspectiva comparatística dicha novedad legislativa, que convive con el régimen tradicional de la responsabilidad civil basada en la culpa.

The Sleeper Scenario: Terrorism-Support Laws And The Demands Of Prevention, Robert Chesney

Bobby Chesney

This article provides a comprehensive overview of the law prohibiting the provision of material support to designated foreign terrorist organizations (as well as two related statutes). In it, I examine the origins of the statute, the manner in which it can be used to prosecute persons suspected of being potential terrorists, and an array of constitutional and security-based objections to the law. The article concludes with suggestions for reform.

Concessão De Efeito Suspensivo A Recurso Extraordinário E A Recurso Especial, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Recurso De Agravo: Generalização De Sua Interposição, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Ideology Of Terror: Why We Will Never Win The 'War', Katie Rose Guest Pryal

Katie Rose Guest Pryal

A few days after the criminal attacks on the World Trade Center, President George W. Bush declared a metaphorical war on terror. The word “war” was once again applied to a nebulous concept in hopes of rallying support to Bush’s plans. Had Bush declared war on “terrorism,” a noun that denotes physical acts of violence, the war would have remained attached to the material world. By declaring war on “terror,” America’s enemy became ephemeral and eternal. Using Althusser's theory of ideology, this article demonstrates how the public rhetoric of terror created an “ideology of terror” that created support for Bush's …

A Constitutional Court In The Absence Of A Formal Constitution? On The Ramifications Of Appointing The Israeli Supreme Court As The Only Tribunal For Judicial Review, Guy E. Carmi

Guy E Carmi

This manuscript reviews an emerging debate in Israel regarding the appointment of the Supreme Court as a Constitutional Court. Specifically, it offers a critical analysis of the most recent proposed model, which is now in the initial legislative stages (The “Neeman Committee”), to appoint the Supreme Court as the sole constitutional arbiter.

First, the article offers an overview of the main processes that have occurred in the arena of Israeli constitutional law in the last decade, generally known as the “Constitutional Revolution.” Next, the article shows the nexus between this process and the revival of the constitutional court debate. Readers …

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica M. Silbey

Jessica Silbey

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions. The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore’s Farenheit 9/11 and Errol Morris’s Fog of War). Judges, advocates, and legislatures, however, view films of custodial interrogations and confessions those that reveals a truth and lacks a distorting point of view. As this Article will explain, the trend at law, although aimed at furthering venerable criminal …

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

James M. Donovan

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons

Daniel Lyons

No abstract provided.

Entre La Restricción Y La Libertad: Sobre La Posible Pérdida De Legitimidad Del Juez Constitucional, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

There are different points of view from which legal reasoning can be examined. Some argue that there is a correct theory of legal reasoning and therefore, they analyze particular cases in order to determine if a particular argument drawn by a judge or a court is coherent with a proposed theory. One of the main assets of Critical Legal Studies (CLS) is to think about law as a practice in which there is no need to establish a particular theory to grasp reality. In the area of legal reasoning, Duncan Kennedy has tried to show us how the main concern …

Adapt Or Optimize? The Psychology And Economics Of Rules Of Evidence, Robert D. Cooter

Robert Cooter

In civil disputes, the plaintiff must prove his case by the preponderance of the evidence. To reach this standard, the plaintiff accumulates evidence by combining facts. I compare two models of this process. Decision makers can adapt their behavior for improved results, as assumed in some psychological models. Adaptive models predict that court practice will allow the plaintiff to combine facts according to relatively simple rules. Alternatively, decision makers can optimize their behavior for best results, as assumed in most economic models. Optimization models predict that court practice will require the plaintiff to combine facts in ways that conform to …

The Impact Of Alcohol & Tobacco Advertising On The Latino Community As A Civil Rights Issue, Katherine Culliton

KATHERINE CULLITON-GONZÁLEZ

No abstract provided.

The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn

Jamison E. Colburn

In this article, I argue that the agencies charged under federal law with the protection of wildlife populations are, to a fault, too rational, too deliberate, too sequential in operation, and too focused on putting various tracts of federal realty on highly protective pedestals. My overall critique is that our administrative system's commitments to rationality and public participation per se render it an ineffective means to the end of wildlife habitat protection. Conservation biologists have agreed time and again how important continuous adaptation is to success in this field and how necessary it is to keep all high stakes judgments …

9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon

Thomas D. Lyon

Bloomsday: Copyright Estates And Cultural Festivals, Matthew Rimmer

Matthew Rimmer