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Articles 1 - 30 of 54
Full-Text Articles in Law
Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro
Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro
Martin Shapiro
No abstract provided.
Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas Howson
Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas Howson
Nicholas Howson
In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People’s Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People’s Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …
Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman
Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman
Marci Hoffman
No abstract provided.
Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson
Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson
Nicholas Howson
Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman
Stanley Lubman
When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …
The Globalization Of Law, Martin Shapiro
Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison
Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison
Caren Myers Morrison
No abstract provided.
Mary Ellen O’Connell Was Quoted In The Aleteia Article "Iran Nuclear Agreement Hailed As Important Step In Nonproliferation", Mary Ellen O'Connell
Mary Ellen O’Connell Was Quoted In The Aleteia Article "Iran Nuclear Agreement Hailed As Important Step In Nonproliferation", Mary Ellen O'Connell
Mary Ellen O'Connell
Mary Ellen O’Connell, professor of international law at the University of Notre Dame and author of The Prohibition on the Use of Force for Arms Control: The Case of Iran’s Nuclear Program, said that the deal, announced Tuesday, is in the security interest of the United States.
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
François Tanguay-Renaud
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Susan D. Franck
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck
Susan D. Franck
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root
Winston P Nagan
The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …
Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston Nagan, Aitza Haddad
Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston Nagan, Aitza Haddad
Winston P Nagan
This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Emanuela A. Matei
No abstract provided.
Dual Residence And The Right To Migrate Under Eea Law (Arcade Drilling), Emanuela Matei
Dual Residence And The Right To Migrate Under Eea Law (Arcade Drilling), Emanuela Matei
Emanuela A. Matei
No abstract provided.
Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter Schey, Dinah Shelton
Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter Schey, Dinah Shelton
Naomi Roht-Arriaza
No abstract provided.
The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza
The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza
The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza
Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza
Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza
International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
International Decisions–Guatemala Genocide Case, Naomi Roht-Arriaza
International Decisions–Guatemala Genocide Case, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza
"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Compliance With Private Voluntary Agreements: The Example Of The International Organization For Standardization's Iso 14000, Naomi Roht-Arriaza
Compliance With Private Voluntary Agreements: The Example Of The International Organization For Standardization's Iso 14000, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Bending The Arc: How To Achieve Justice At The International Criminal Court, Jacqueline Mcallister
Bending The Arc: How To Achieve Justice At The International Criminal Court, Jacqueline Mcallister
Jacqueline McAllister
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Thomas Kleven
No abstract provided.
American Tourist Guide To English English, J. Smithburn
American Tourist Guide To English English, J. Smithburn
J. Eric Smithburn
Lorry or truck? Potato chips or crisps? Autumn or fall? From the chemist to the chippy, whether you're at sixes and sevens, chuffed to bits or over the moon, this book may surprise anyone who thinks that the same language is spoken in the United States and in Britain. The Illustrated American Tourist Guide to English English contains nearly 3,500 definitions and translations to aid the American visitor in understanding and being understood in England. From everyday slang to differences in formal language, the book covers just about any social situation likely to be encountered. An invaluable reference guide for …