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Full-Text Articles in Jurisprudence

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Oct 2009

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne

Péter Cserne

This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)


Sobre La Teoría Del Derecho, De Rodolfo Vázquez (Reseña), Leonardo García Jaramillo Jan 2009

Sobre La Teoría Del Derecho, De Rodolfo Vázquez (Reseña), Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge Jan 2009

Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge

Reid G. Fontaine

Chapter has no abstract


On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held Jan 2009

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …


The Wrongfulness Of Wrongly Interpreting Wrongfulness: Provocation Interpretational Bias And Heat Of Passion Homicide, Reid G. Fontaine Jan 2009

The Wrongfulness Of Wrongly Interpreting Wrongfulness: Provocation Interpretational Bias And Heat Of Passion Homicide, Reid G. Fontaine

Reid G. Fontaine

In U.S. criminal law, a defendant charged with murder can invoke the heat of passion defense, an affirmative, partial-excuse defense so that he may be instead found guilty of the lesser crime of manslaughter. This defense requires the defendant to demonstrate that he was significantly provoked and, as a direct result of the provocation, became extremely emotionally disturbed and committed the killing while in this uncontrolled emotional state. In this way, the law makes a partial allowance for emotional dysfunction—the wrongfulness of the homicide is mitigated when the emotionally charged reactivity restricts the actor’s capacity for rational thought and reasoned …


Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates Jan 2009

Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

Using longitudinal data on 585 youths (48% female; 17% African American, 2% other ethnic minority), the authors examined the development of social response evaluation and decision (RED) across childhood (Study 1; kindergarten through Grade 3) and adolescence (Study 2; Grades 8 and 11). Participants completed hypothetical-vignette-based RED assessments, and their antisocial behaviors were measured by multiple raters. Structural equation modeling and linear growth analyses indicated that children differentiate alternative responses by Grade 3, but these RED responses were not consistently related to antisocial behavior. Adolescent analyses provided support for a model of multiple evaluative domains of RED and showed strong …


Paternalism In Policy: Prospects And Limitations Of An Economic Analysis, Péter Cserne Dec 2008

Paternalism In Policy: Prospects And Limitations Of An Economic Analysis, Péter Cserne

Péter Cserne

No abstract provided.


A Közteherviselés (70/I. §) [The Constitutional Duty To Contribute To Public Expenditures. Hungary 1989-2009], Péter Cserne Dec 2008

A Közteherviselés (70/I. §) [The Constitutional Duty To Contribute To Public Expenditures. Hungary 1989-2009], Péter Cserne

Péter Cserne

This is a chapter in the 2 volume commentary on the (pre-2012) Hungarian constitution, edited by Andras Jakab. It provides a legal doctrinal analysis of the constitutional power to tax, as regulated in Art 70/I of the Constitution of the Republic of Hungary (the duty to contribute to public expenditures) and interpreted by the Hungarian Constitutional Court.


Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates Dec 2008

Loneliness As A Partial Mediator Of The Relation Between Low Social Preference In Childhood And Anxious/Depressed Symptoms In Adolescence, Reid Griffith Fontaine, Chongming Yang, Virginia Salzer Burks, Kenneth A. Dodge, Joseph M. Price, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

This study examined the mediating role of loneliness (assessed by self-report at Time 2; Grade 6) in the relation between early social preference (assessed by peer report at Time 1; kindergarten through Grade 3) and adolescent anxious/depressed symptoms (assessed by mother, teacher, and self-reports at Time 3; Grades 7–9). Five hundred eighty-five boys and girls (48% female; 16% African American) from three geographic sites of the Child Development Project were followed from kindergarten through Grade 9. Loneliness partially mediated and uniquely incremented the significant effect of low social preference in childhood on anxious/depressed symptoms in adolescence, controlling for early anxious/depressed …