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2007

Comparative Law

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Institution
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Articles 91 - 97 of 97

Full-Text Articles in Law

The Bologna Process And Its Implications For U.S. Legal Education, Laurel S. Terry Jan 2007

The Bologna Process And Its Implications For U.S. Legal Education, Laurel S. Terry

Faculty Scholarly Works

Virtually all European countries are in the midst of a massive multi-year project intended to dramatically restructure higher education in Europe. This project, which is known as the Bologna Process or Sorbonne-Bologna, began less than ten years ago when four European Union (EU) countries signed a relatively vague agreement. The Bologna Process has now grown to forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process participants have agreed to form the European Higher Education Area or EHEA by 2010; among other goals, the EHEA is intended to help Europe better compete in the …


Perspectives On The Judicial Reform In Mexico, José Ramón Cossío Díaz Dec 2006

Perspectives On The Judicial Reform In Mexico, José Ramón Cossío Díaz

José Ramón Cossío Díaz

No abstract provided.


Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay Dec 2006

Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay

Richard Kay

While the nature of legal systems is a perpetually contested question, it is fairly uncontroversial that each must contain certain essential characteristics. First, each must suppose some picture of the appropriate way for human beings subject to it to live together in society. Second, to secure that proper arrangement, each must employ, to a greater or lesser degree, the device of general rules of conduct. Finally, in all but the simplest systems, the effectiveness of those rules must be guaranteed by some process of adjudication. The relationships among these three factors – social values, legal rules and judging – comprise …


Controlling The Common Law: A Comparative Analysis Of No-Citation Rules And Publication Practices In England And The United States, Lee F. Peoples Dec 2006

Controlling The Common Law: A Comparative Analysis Of No-Citation Rules And Publication Practices In England And The United States, Lee F. Peoples

Lee Peoples

No abstract provided.


Los Modelos De Las Garantías Reales En Civil Y En Common Law. Una Aproximación De Derecho Comparado, Mauro Bussani Dec 2006

Los Modelos De Las Garantías Reales En Civil Y En Common Law. Una Aproximación De Derecho Comparado, Mauro Bussani

Mauro Bussani

The paper offers a comparative overview of the law of security rights in movable property in the civil and common law worlds. To this purpose, the paper first examines black-letter provisions, case-law, scholarly doctrines, and practices on which the laws of security rights over movables are grounded. It then proceeds to investigate the cultural, socio-economic, and policy factors that, more or less overtly, have a practical impact on the operative rules applied in the jurisdictions surveyed. As the paper shows, the consideration for these ‘hidden’ factors proves indeed crucial to the understanding of the (similarities and differences between the) ways …


The Many Faces Of Equity. A Comparative Survey Of The European Civil Law Tradition, Mauro Bussani, Francesca Fiorentini Dec 2006

The Many Faces Of Equity. A Comparative Survey Of The European Civil Law Tradition, Mauro Bussani, Francesca Fiorentini

Mauro Bussani

The paper investigates the meaning of, and the role played by equity in the continental European legal tradition. In this perspective, the article outlines the historical origins of the Western notion of equity in the Greek and Roman world, and examines how equity became a core instrument of law-making in the age of ius commune. Through the survey of French, German, and Italian law, the paper then clarifies the place of equity in the private law codes. In particular, this comparative analysis shows that, in spite of the wave of legal positivism affecting European legal thought in the XIXth-XXth centuries, …


The New Prc Limited Partnership Enterprise Law And The Limited Partnership Law Of The United States: A Selective Analytical Comparison, Thomas E. Geu, Yong Wu Dec 2006

The New Prc Limited Partnership Enterprise Law And The Limited Partnership Law Of The United States: A Selective Analytical Comparison, Thomas E. Geu, Yong Wu

Thomas E. Geu

No abstract provided.