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Jurisprudence Commons

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2005

SelectedWorks

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Articles 1 - 10 of 10

Full-Text Articles in Jurisprudence

High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou Dec 2005

High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou

Hou Meng

No abstract provided.


Supreme Court In Vicissitude Of Economic System (1949-1978)【经济体制变迁中的最高人民法院(1949─1978年)】, Meng Hou Apr 2005

Supreme Court In Vicissitude Of Economic System (1949-1978)【经济体制变迁中的最高人民法院(1949─1978年)】, Meng Hou

Hou Meng

No abstract provided.


Empirical Research On The Capacity Of Regulating Economy Of The Supreme Court: From The Overhead Expenses In The Court(最高法院规制经济的实证研究──以法院内部管理费用为分析视角), Meng Hou Apr 2005

Empirical Research On The Capacity Of Regulating Economy Of The Supreme Court: From The Overhead Expenses In The Court(最高法院规制经济的实证研究──以法院内部管理费用为分析视角), Meng Hou

Hou Meng

No abstract provided.


Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian Jan 2005

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little ...


Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella Jan 2005

Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella

Gianluigi Palombella

This article designed the scenario of a constitutional Europe after 2004 and the work of the Convention on a (proposed) Constitution. In particular it elaborated on the philosophical background and legal categorizations of a European citizenship, and exposed its added value and the innovative perspective that it should have prompted.


Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar Jan 2005

Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar

Yehuda Adar Dr.

Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems ...


September 11 Relief Efforts And Surviving Same-Sex Partners: Reflections On Relationships In The Absence Of Legal Recognition, Nancy J. Knauer Jan 2005

September 11 Relief Efforts And Surviving Same-Sex Partners: Reflections On Relationships In The Absence Of Legal Recognition, Nancy J. Knauer

Nancy J. Knauer

The criteria established by federal, state, and private relief efforts to assist the families of the victims of the September 11 attacks present a unique opportunity to examine the status of same-sex relationships in the United States. In the absence of uniform relationship recognition, surviving same-sex partners continue to struggle with a loss that legally is not cognizable. The stories from the September 11 survivors illustrate that a surviving partner is a legal stranger, who often must reconfigure her relationship with her partner to fit within the various legal categories where relief or compensation might be forthcoming. These legal categories ...


Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex ...


Judicial Knowledge System’S Reproduction Of Supreme Court:To The Judicial Process Of Economic Regulation,For Example(最高法院司法知识体制再生产──以最高法院规制经济的司法过程为例), Meng Hou Jan 2005

Judicial Knowledge System’S Reproduction Of Supreme Court:To The Judicial Process Of Economic Regulation,For Example(最高法院司法知识体制再生产──以最高法院规制经济的司法过程为例), Meng Hou

Hou Meng

No abstract provided.


The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel Jan 2005

The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel

Jonathan Yovel

The right of a defaulting party to cure a non-performance under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, correlated by the aggrieved party’s obligation to receive such curative performance, has emerged as the single most innovative contribution of the Uniform Commercial Code to sales law in general. However, in comparative perspective the cure doctrine is by no means universal nor uniform. This study offers a construction of the meaning of contractual cure and in particular its relation to the aggrieved party’s power to terminate the contract ...