Comparative and Foreign Law Commons^™

What Economists Really Know, And What They Don't, Richard Adelstein

Richard Adelstein

Limites A La Vigencia Del Principio Contradictorio En Los Juicios De Familia / Limits To The Adversarial Ideal In The Family Courts, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The relevance of the adversarial ideal in the design of judicial proceedings is due to two major ideas: the right to a proper defence for the parties and the important role that the parties perform during the questioning and the control of the other party’s case. Once the relevance of the adversarial ideal is acknowledged, one could ask if this ideal is properly welcomed under the family procedure stated in the law. I propose that in order to answer this question properly, it is pertinent to use some sort of instrument to measure the amount of the adversarialness that the …

Informe De Funcionamiento De Los Tribunales De Familia De Santiago / Report On The Family Courts Of Santiago City, Claudio Fuentes Maureira, Felipe Marín Verdugo, Erick Rios Leiva

Claudio Fuentes Maureira

In October 2005, the Chilean government launched the new family courts. The new tribunals were the second major judicial reform that Chile’s executive power supported and it was a huge failure. The system collapsed after a couple of months, and in the beginning of the 2006, the executive branch called for a group of academics and experts to elaborate some kind of response.

After years of problems the authorities arrived at identifying the main problems, and because of that in September 2008 a new bill was enacted, containing modifications to the family law system. Also, the Supreme Court of Chile …

Copyright And Freedom Of Expression In Europe, Pankaj Singh

Pankaj Singh

This article will describe the state of European law concerning the conflict between copyright and freedom of expression. To set the stage, I will first set out the constitutional basis of copyright (or the absence thereof) in various countries in Europe. Next, I shall describe the law governing free speech, and in particular the workings of Article 10 ECHR. The analysis will thereafter focus on copyright v. free speech case law that has recently emerged from a number of continental European countries (especially Germany, France and The Netherlands), and from the former ‘gate-keeper’ to the European Court, the European Commission …

The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez

Héctor Zayas Gutiérrez

The purposes of this presentation are to (1) elucidate main principles of the Criminal Law of the Enemy Theory, (2) explain how the criminal law of the enemy has been adopted and expanded in the US legal system, and (3) give a quick glimpse to some comparative law examples on the Criminal Law of the Enemy Theory applications. Criminal Law of the Enemy, Enemy Criminal Law, Derecho Penal del Enemigo.

Firms As Social Actors, Richard Adelstein

Richard Adelstein

A close look at what firms are and how they act.

Organizations And Economics, Richard Adelstein

Richard Adelstein

A contribution to a symposium on a paper by Richard Posner.

Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira

Claudio Fuentes Maureira

One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.

From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified in …