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Full-Text Articles in Law

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Ugo Mattei Jan 1995

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Ugo Mattei

Faculty Scholarship

No abstract provided.


The Comparative Law And Economics Of Penalty Clauses In Contract, Ugo Mattei Jan 1995

The Comparative Law And Economics Of Penalty Clauses In Contract, Ugo Mattei

Faculty Scholarship

No abstract provided.


Comparing Implied And Express Constitutional Freedoms, David S. Bogen Jan 1995

Comparing Implied And Express Constitutional Freedoms, David S. Bogen

Faculty Scholarship

No abstract provided.


Why Teach International Family Law In Conflicts?, William L. Reynolds Jan 1995

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.


Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe Jan 1995

Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe

Faculty Scholarship

Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.


European Community Law From A U.S. Perspective, George A. Bermann Jan 1995

European Community Law From A U.S. Perspective, George A. Bermann

Faculty Scholarship

Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …


Regulatory Decisionmaking In The European Commission, George A. Bermann Jan 1995

Regulatory Decisionmaking In The European Commission, George A. Bermann

Faculty Scholarship

As an institution variously described as the "motor" or "engine" of European integration and as the European Union's "executive branch," the Commission of the European Communities finds itself at the center of Community decisionmaking. Yet its decisional processes are still quite poorly understood, at least in the United States. The relatively poor grasp of Commission decisionmaking is certainly not due to any general lack of interest in procedure within the American audience. The problem lies more in the highly restrictive view of decisionmaking that traditionally dominates procedural accounts of the Community institutions. Those accounts have tended to reflect three preoccupations. …