Comparative and Foreign Law Commons^™

Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski

St. John's Law Review

(Excerpt)

When asking how fake news in social media can be combated under U.S. and German law, one must first take the systems’ most fundamental differences into consideration. U.S. law is characterized by its federal structure, the interaction of state laws often with the federal, U.S. Constitution, usage of pretrial discovery, as well as the role of juries in calculating damages. In contrast, Germany, as a civil law system, is characterized by its usage of separate legal actions to acquire information, lack of pretrial discovery, and broader array of available remedies, none of which allow for punitive damages. Through a …

A Comparison Of The American Model And French (-Inspired) Appellate Model, Frederic Blockx

Duke Law Master of Judicial Studies Theses

Both the American and the French legal system have a three-tiered structure. However, the respective roles and functions of the courts on each step of the ladder is vastly different in both. Whereas the general system in the U.S. is to have one trial court and two ‘higher’ courts (a court of appeals and a supreme court), the French / European continental system consists of two ‘factual’ courts (the basic level and the court of appeals), and one ‘legal’ (the supreme court) with limited or even inexistent possibilities to look at the facts.

The purpose of this thesis is to …

Comparative Approaches To Constitutional History, Jamal Greene, Yvonne Tew

Faculty Scholarship

An historical approach to constitutional interpretation draws upon original intentions or understandings of the meaning or application of a constitutional provision. Comparing the ways in which courts in different jurisdictions use history is a complex exercise. In recent years, academic and judicial discussion of “originalism” has obscured both the global prevalence of resorting to historical materials as an interpretive resource and the impressive diversity of approaches courts may take to deploying those materials. This chapter seeks, in Section B, to develop a basic taxonomy of historical approaches. Section C explores in greater depth the practices of eight jurisdictions with constitutional …