Law Commons^™

Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín

David Cook-Martín

Policies that regulate peoples international movement and their state membership have historically made distinctions based on perceived sexual differences, but little is known about the process by which this has happened. This paper explores how and with what consequences migration and nationality policies have been gendered in two quintessential countries of emigration (Italy and Spain), and in a country of immigrants (Argentina) over a 150-year period. I argue that these migration and nationality policies have reflected the dynamics of the political fields in which they have been crafted. Especially before the Great War, laws and official practices that showed a …

Three Tests Of Patentability, Umakant Mishra

Umakant Mishra

United States patent law prescribes three major criteria of patentability, viz, novelty, usefulness and non-obviousness. These "three tests of patentability" are fundamentals behind issue of any patent from USPTO. It is important to know these fundamentals for any person who intends to work on patents.

A New World Of Discovery: The Ramifications Of Two Recent Federal Courts Decisions Granting Judicial Assistance To Arbitral Tribunals, Anna Conley

Anna Conley

No abstract provided.

Las Paradojas De La Democracia Deliberativa / The Paradoxes Of Deliberative Democracy, Andres Palacios Lleras

Andrés Palacios Lleras

Este artículo argumenta por qué la teoría de la democracia deliberativa es problemática y paradójica, y por lo tanto inadecuada para desarrollar las instituciones democráticas contemporáneas, o para reemplazarlas por otras. Es una teoría problemática porque parte de una postura epistemológica difícilmente sostenible. Es paradójica porque a pesar de ser presentada como incluyente a nivel social, la idea de deliberación que presenta y considera como deseable, es demasiado exigente como para ser realizada por toda clase de personas; y es de hecho, elitista en este aspecto. Pero también porque señala que las instancias que están mejor diseñadas para tomar decisiones …

Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

This article, written and published for a Spanish speaking audience, provides with a critical comparative overview of the principles of civil procedure and of the law of evidence.

Конституционное Право Иорданского Королевства, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Jordan shows a rare example of stability in the Middle East, abilities to establish the peace connexion with the next states, to find political compromises in the country. Not last role have played in it the person and political experience of king Hussein ben-Talala, having rather considerable authority both on the Arabian world, and on the next Israel

Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Review of an edited volume on "transnational law" (lex mercatoria). The book comprises essays illustrating the diversity of opinion among enthusiasts of a transnational or anational business law, and an empirical study criticized by the reviewer for its "concrete ideological commitment"

Why Unify Contract And Tort Remedies? A Reply To Professor Dagan, Dr. Yehuda Adar

Yehuda Adar Dr.

-This Article is in Hebrew-

The remedies section in the Israeli draft civil code attempts to create a unified law of remedies for the breach of any civil obligation, including originating in tort law and contract law. In his article, "The Risks of Codification: On Over-Coherence and Multiplicity of Remedies", Professor Dagan forcefully criticizes this attempt. The present article demonstrates that the two main criticisms raised by Dagan - against the unification of remedies and against the attempt to fortify the remedial response to breach of civil obligations - are unconvincing, from both a theoretical and a pragmatic point of …

Of The Honey And The Sting – Reflections On Remedies And The Draft Civil Code, Dr. Yehuda Adar

Yehuda Adar Dr.

-This article is in Hebrew-

The remedies section in the Israeli draft civil code reflects a bold – some might say revolutionary – attempt to turn the law of remedies from a set of specific rules appended to various branches of substantive law into a single, autonomous and systematic legal branch. The section, entitled “Remedies for Breach of Obligation,” concludes the fourth part of the proposed code (dealing with obligations) and applies to the violation of any civil obligation, including breach of contract and the commission of torts. This article attempts to provide a broad theoretical framework for the law …

La Propriété-Sûreté. Rapport Général, Mauro Bussani

Mauro Bussani

The aim of the paper is twofold. On the one hand, its goal is to offer a comparative overview of the rules and techniques on the use of ownership as security, with particular regard to retention of title and transfer of title for security purposes. On the other hand, the paper aims to illustrate the harmonization efforts which have been undertaken in this field, and to evaluate the promises and challenges arising from such integrative enterprises in light of the findings highlighted by comparative law studies.

The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow

Christopher Wadlow

Reflects on the lessons which unsuccessful efforts to introduce a British Empire patent prior to 1923 may offer for the European Community patent. Reviews the origin of the proposal in 1901, the state of patent law across the Empire at the time, the progress made at several Imperial conferences, key features of the 1919 memorandum and the issues discussed at the 1922 patent conference. Outlines the reasons for the failure of the 1923 proposals, including the problems created by Canada's claim for reciprocal treatment for its patents, and considers whether the EC Community patent has a greater prospect of success.

The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant

David B Kopel

Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.

The Buyer Who Wants To Pay More, Ernest Metzger

Ernest Metzger

In Roman law, a valid contract of sale required the parties to agree on a certain price. Some modern works nevertheless accept that the law ignored a certain species of error: the buyer is willing to pay more than the seller expects to receive, and a valid contract of sale is formed on the lower price. This supposed exception is based, not any text on sale, but on a single text on contracts of hire, Digest 19.2.52. This text suggests that, in some cases, a contract of hire might arise where the tenant believes he is paying a higher rent …