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Articles 1 - 29 of 29
Full-Text Articles in Law
Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier
Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier
Charles H. Baron
No abstract provided.
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
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.
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 …
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Kenneth Anderson
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Book Review: Sebastiaan Pompe, The Indonesian Supreme Court: A Study Of Institutional Collapse, Southeast Asia Program, Cornell University, 2005, Pp. 511., Stuart G. Gross
Stuart G Gross
No abstract provided.
Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler
Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler
Mariana Pargendler
Examinam o instituto dos punitive damages, o qual pode ser traduzido como “indenização punitiva”, e sua compatibilidade com o Direito brasileiro, uma vez que essa pena vem conquistando progressiva aceitação na doutrina e jurisprudência. Trazem à colação julgados ocorridos nos Estados Unidos que exemplificam os mecanismos e limites dos punitive damages, sendo, nesses casos, considerado imprescindível, para se alcançar resultado útil com a punição/prevenção, a comprovação de elementos subjetivos a marcarem a conduta do ofensor. No Brasil, alegam, o instituto dos punitive damages não raro é confundido com o caráter punitivo associado à indenização do dano extrapatrimonial, sendo invocado, muitas …
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gila Stopler
This article will suggest a possible answer to the puzzling question of why despite the egalitarian principles upon which Western liberal democracies are allegedly predicated sex discrimination in these societies persists and sex discrimination on the basis of religion and culture is most often even countenanced and protected. I argue that the gendered structure of liberal society and of the liberal self, within which we all operate, serve as a framework within which different roles, different obligations and different paths for men and for women, in both liberal and non-liberal societies, seem natural and inevitable and therefore in no need …
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
Gila Stopler
Surveying the relationship between religion and the state in the US and in European liberal democracies the article distinguishes between five different facets of the relationship between religion and the state in liberal democracies - institutional differentiation between religion and the state, strong protection of religious liberty, the involvement of religion in politics, the extent of religious involvement in education and social services, and the levels of religious belief of individuals in society - and discusses how each of them affects women’s right to equality. The article argues that contrary to common assumptions the relationship between patriarchal religion and the …
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Yehuda Adar Dr.
Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …
Intention Et Lien De Causalité Dans Le Droit Comparé De La Responsabilité Civile (La Fable Très Peu Convenue De La Malice Qui Accroche), Mauro Bussani
Intention Et Lien De Causalité Dans Le Droit Comparé De La Responsabilité Civile (La Fable Très Peu Convenue De La Malice Qui Accroche), Mauro Bussani
Mauro Bussani
The goal of the essay is to discuss the role that a person’s malice may play in Western tort laws. To this purpose, the paper examines how the finding of the defendant’s malice may: (i) make the victim’s or a third party’s contribution to the injury appear negligible; (ii) blur the distinction between acts and omissions; (iii) relax the notions of proximity and remoteness; and (iv) extend the range of consequences for which the defendant can be held liable.
Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd
Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Transfer Of Company’S Registered Office And Forum-Shopping In International Insolvency Cases: An Important Decision From Italy, Federico M. Mucciarelli
Transfer Of Company’S Registered Office And Forum-Shopping In International Insolvency Cases: An Important Decision From Italy, Federico M. Mucciarelli
Federico M. Mucciarelli
The Italian Supreme Court (Corte di Cassazione) has issued an important decision on companies’ freedom of establishment in the European Union (EU) and on jurisdiction over insolvency proceedings. It was a typical forum-shopping case in insolvency situations, in which a company decides to shift its registered office abroad before a court from its original country declares the insolvency. The Cassazione did not apply EC-Regulation 1346/2000 on cross-border insolvency, but declared the company as liquidated because of the transfer of the registered office. This solution leaves many questions unclear, both under EC-freedom of establishment and under jurisdiction rules for cross-border insolvency.
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
Thomas C. Kohler
"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …
Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler
Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Principles Of Law And Economics, Daniel Cole, Peter Grossman
Principles Of Law And Economics, Daniel Cole, Peter Grossman
Peter Z. Grossman
No abstract provided.
Is There A Curricular Core For The Transnational Lawyer?, Michael Bogdan
Is There A Curricular Core For The Transnational Lawyer?, Michael Bogdan
Michael Bogdan
No abstract provided.
The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman
The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman
Thomas C. Kohler
In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Richard Kay
Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Richard Adelstein
A theory of central planning employing Austrian themes and applied to private firms and Taylorism.
Corporate Governance E Prezzo Contrattuale, Antonio Lordi
Corporate Governance E Prezzo Contrattuale, Antonio Lordi
antonio lordi
No abstract provided.
Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata
Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata
Robert B Leflar
All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …
The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservations Versus Transformation, Christopher J. Roederer
The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservations Versus Transformation, Christopher J. Roederer
Christopher J. Roederer
No abstract provided.
Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry
Laurel S. Terry
This Article reviews the influence of comparative law during the past 100 years on the field of U.S. legal ethics. It begins by defining the field of legal ethics and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal …
No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan
Donald J. Kochan
Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …
On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons
On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons
Zachary Elkins
No abstract provided.