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Full-Text Articles in Law
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
Noah B Novogrodsky
This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …
Premesse Implicite: Struttura Del Diritto E Formante Extralegale In Italia (Implicit Premises: Structure Of The Law And Extralegal Formant In Italy), Luigi Russi, Matteo Mattioni
Premesse Implicite: Struttura Del Diritto E Formante Extralegale In Italia (Implicit Premises: Structure Of The Law And Extralegal Formant In Italy), Luigi Russi, Matteo Mattioni
Luigi Russi
The paper (in Italian) – a revision of ILSU Working Paper No. 2008-01/IT - aims to schematically illustrate and clarify the logical categories according to which it is hypothesized that the extralegal formant – law practitioners - of a specific civil law jurisdiction – Italy - logically understand the unity and functioning of their legal system. According to the working hypothesis, the logical categories described in the paper should provide an illustration of the formal framework of reference which Italian jurists resort to, for the purpose of justifying their arguments about the law. Hence, the analysis carried out in the …
Fairness In Contractual Relations: An Economic-Oriented Understanding Of Good Faith Performance, Luigi Russi
Fairness In Contractual Relations: An Economic-Oriented Understanding Of Good Faith Performance, Luigi Russi
Luigi Russi
This is a derivative version of 'Can Good Faith Performance Be Unfair? An Economic Framework for Understanding the Problem', which appeared in the Whittier Law Review, vol. 29, 2008. In comparison to the version therein published, I have eliminated the mathematical appendix, and attempted to outline my reasoning exclusively in words, for it to be accessible to a wider readership.
Can Good Faith Performance Be Unfair? An Economic Framework For Understanding The Problem, Luigi Russi
Can Good Faith Performance Be Unfair? An Economic Framework For Understanding The Problem, Luigi Russi
Luigi Russi
The paper deals with the duty of good faith in contract performance, as set out in the U.C.C. In particular, it focuses on the different theories as to its practical meaning, by distinguishing between two types of standards: behavioral and economic ones. The latter are further framed after the Learned Hand formula of negligence, as adapted to contractual relationships by relevant literature. By analyzing the functioning of economic standards in presence of transaction costs, it is then concluded that economic standards are only weakly preferable to behavioral ones which, under certain conditions, may prove as useful in providing a practical …
A Comparison Between China And The United States In The Legislative Background Of Limited Partnership And The Independent Legal Personality, Thomas Geu, Li Wu
A Comparison Between China And The United States In The Legislative Background Of Limited Partnership And The Independent Legal Personality, Thomas Geu, Li Wu
Thomas E. Geu
Publication available in Mandarin only.