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Articles 1 - 14 of 14
Full-Text Articles in Jurisprudence
Family Law In The Republic Of Ireland, William Binchy
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Patent And Know-How Licensing In Japan And The United States, Terry K. Smith
Patent And Know-How Licensing In Japan And The United States, Terry K. Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.
The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava
The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava
Georgia Journal of International & Comparative Law
No abstract provided.
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Xingzhong Yu
No abstract provided.
A Tradition At War With Itself: A Reply To Professor Rana's Review Of America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay responds to Professor Aziz Rana's review essay, "The Many American Constitutions," 93 Texas Law Review 1193 (2015).
He contends: (1) my portrayal of American constitutionalism might contain a “hidden” teleological understanding of the development of constitutional law; (2) my notion of "conventional sovereignty" sometimes seems content-free and at other times "interlinked with liberal egalitarianism"; and (3) a focus on failed constitutions "inadvertently tends to compartmentalize the overall tradition."
I answer in the following ways: (1) I reject any sense that constitutional law has moved in an arc of steady progress toward Enlightenment and instead embrace a tradition of …
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
James R Maxeiner
Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …
Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock
Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock
All Faculty Scholarship
In this contribution to a symposium on "Legal Realism and Legal Doctrine," I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.
Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately be …
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
Mathilde Cohen