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Articles 511 - 523 of 523
Full-Text Articles in Law
La Sentencia 'Malagutti-Vezinhet': ¿Quién Es Responsable De La Información Facilitada Por El Sistema Comunitario De Alerta En El Ámbito De La Seguridad De Los Productos?, Luis González Vaqué
La Sentencia 'Malagutti-Vezinhet': ¿Quién Es Responsable De La Información Facilitada Por El Sistema Comunitario De Alerta En El Ámbito De La Seguridad De Los Productos?, Luis González Vaqué
Luis González Vaqué
Non-contractual liability on the part of the Community is subject to a number of conditions: unlawfulness of the conduct alleged against the Community institutions, actual damage and the existence of a causal link between the conduct of the institution and the damage complained of. If one of those conditions is not satisfied, the entire action must be dismissed and it is not necessary to consider the other conditions.
The Community rapid alert system for food and feed introduced by Directive 92/59 on general product safety confers on the national authorities only, and not on the Commission, responsibility for establishing whether …
A Woman For All Seasons: A Tribute To Nancy I. Kenderdine, Dennis W. Arrow
A Woman For All Seasons: A Tribute To Nancy I. Kenderdine, Dennis W. Arrow
Dennis W. Arrow
No abstract provided.
The Effect Of Context On Practice [Book Review], Susan D. Carle
The Effect Of Context On Practice [Book Review], Susan D. Carle
Susan D. Carle
Rethinking Corporate Federalism In The Era Of Corporate Reform, Renee Jones
Rethinking Corporate Federalism In The Era Of Corporate Reform, Renee Jones
Renee Jones
No abstract provided.
Free At Last From Obscurity: Clarity—Part Ii, Gerald Lebovits
Free At Last From Obscurity: Clarity—Part Ii, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
The Spirituality Of Communion: A Resource For Dialogue With Catholics In Public Life, Amelia J. Uelmen
The Spirituality Of Communion: A Resource For Dialogue With Catholics In Public Life, Amelia J. Uelmen
Amelia J Uelmen
No abstract provided.
Arbitration Clauses, Jury-Waiver Clauses And Other Contractual Waivers Of Constitutional Rights, Stephen Ware
Arbitration Clauses, Jury-Waiver Clauses And Other Contractual Waivers Of Constitutional Rights, Stephen Ware
Stephen Ware
Consenting to a contract containing an arbitration clause or a jury-waiver clause alienates or waives the Seventh Amendment jury-trial right in federal court. The standards of consent in arbitration law, however, tend to be lower than the standards of consent in the federal caselaw governing jury-waiver clauses. The Federal Arbitration Act (FAA) requires courts to apply contract law's standards of consent to arbitration agreements, while certain commentators argue that courts are instead constitutionally required to apply the higher standards of consent (knowing consent) found in the caselaw governing jury-waiver clauses. This article responds to these commentators and argues that the …
The Source Of Alabama's Abundance Of Arbitration Cases: Alabama's Bizarre Law Of Damages For Mental Anguish, Stephen Ware
The Source Of Alabama's Abundance Of Arbitration Cases: Alabama's Bizarre Law Of Damages For Mental Anguish, Stephen Ware
Stephen Ware
This Article gives an overview of arbitration litigation in Alabama, including the evolution of mental anguish jurisprudence in contract cases, especially with regard to the automobile and home industries; a proposal to bring Alabama law in line with controlling authorities through substantive and procedural reforms; and an appendix listing a decade of arbitration cases decided by Alabama appellate courts.
The Revival Of Federalism, John C. Eastman
The Revival Of Federalism, John C. Eastman
John C. Eastman
This article explores the efforts over the past quarter century by the conservative public interest law movement to revive the principle of federalism and, ultimately, the notion that the federal government is one of only limited, enumerated powers. Focussing on the Commerce Clause, the article traces the original meaning of the powers of the federal government over interstate commerce, as those powers were understood by those who drafted and ratified the Constitution, and contrasts that understanding with the expansionist view of the Commerce Clause adopted by the New Deal Court, which became the ruling orthodoxy for more than half a …
Association Of American Law Schools Conference: Transcript Of The Sections On Natural Resources In Atlanta, Georgia, Barlow F. Burke
Association Of American Law Schools Conference: Transcript Of The Sections On Natural Resources In Atlanta, Georgia, Barlow F. Burke
Barlow F. Burke
The Globalization Of Liberalization: Policy Diffusion In The International Political Economy, Zachary Elkins, Beth Simmons
The Globalization Of Liberalization: Policy Diffusion In The International Political Economy, Zachary Elkins, Beth Simmons
Zachary Elkins
No abstract provided.
Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes
Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes
Henry S. Noyes
The U.S. Judicial Conference Advisory Committee on Civil Rules recommended a package of proposed amendments to the Federal Rules of Civil Procedure to address issues raised by discovery of electronic information. The recommendations were based on the theory that discovery of electronic information is truly different from discovery of non-electronic information and that the differences require a special set of discovery rules. This Article tests the bases for the Advisory Committee's theory and concludes that there are five true differences between discovery of electronic information and discovery of traditional hard copy information, but two of the differences are addressed by …
Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie
Private Ordering And The Creation Of International Copyright Norms: The Role Of Public Structuring, Graeme B. Dinwoodie
Graeme B. Dinwoodie
International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing the international copyright regime is difficult as the international system must wrestle with copyright dilemmas that exist at the national level as well as broader challenges facing international law. This paper delineates the connection between international copyright law and the generation and distribution of knowledge by discussing two recent examples of (possible) unconventional international copyright rulemaking, namely, norms generated by Internet Service Providers in responding to infringement claims, and norms arising out of digital rights …