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Full-Text Articles in Law

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis Mar 2005

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …


The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand Jan 2005

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

ILSA Journal of International & Comparative Law

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.


The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk Jan 2005

The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk

ILSA Journal of International & Comparative Law

After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.


Comparative Analysis Of Litigation Systems: An Auction‐Theoretic Approach, Michael R. Baye, Dan Kovenock, Casper G. De Vries Jan 2005

Comparative Analysis Of Litigation Systems: An Auction‐Theoretic Approach, Michael R. Baye, Dan Kovenock, Casper G. De Vries

Economics Faculty Articles and Research

A simple auction-theoretic framework is used to examine symmetric litigation environments where the legal ownership of a disputed asset is unknown to the court. The court observes only the quality of the case presented by each party, and awards the asset to the party presenting the best case. Rational litigants influence the quality of their cases by hiring skilful attorneys. This framework permits us to compare the equilibrium legal expenditures that arise under a continuum of legal systems. The British rule, Continental rule, American rule, and some recently proposed legal reforms are special cases of our model.