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Articles 1 - 21 of 21
Full-Text Articles in Law
Let Them Eat Cake: A Comparative Analysis Of Recent British And American Law On Religious Liberty, Gerard A. Hornby
Let Them Eat Cake: A Comparative Analysis Of Recent British And American Law On Religious Liberty, Gerard A. Hornby
Duquesne Law Review
No abstract provided.
Comparative Legal History. Edited By Olivier Moréteau, Aniceto Masferrer, And Kjell A. Modéer. Cheltenham, Uk; Northampton, Ma: Edward Elgar Publishing, 2019 [Book Review], Dana Neacsu
Law Faculty Publications
Comparative Legal History stands out for both its content and its execution. At a time when most law schools devote themselves to the study of hic et nunc (here and now), Comparative Legal History proves there is something more than the rather dogmatic and pragmatic description of what is traditionally recognized as the law. In an age of hyper specialization, it discredits the absurd notion of law as (hard) science. Law, a human product, can easily be the object of scientific observations, but does that scientific observation need to be limited to the study of rules and norms in force …
The Amparo: Analysis Of The Process For Adjudicating Constitutional Claims To Healthcare In The Republic Of Costa Rica, Eduardo J. Benatuil
The Amparo: Analysis Of The Process For Adjudicating Constitutional Claims To Healthcare In The Republic Of Costa Rica, Eduardo J. Benatuil
Duquesne Law Review
No abstract provided.
Focus On Comparison In Comparative Law, A, Kirk W. Junker
Focus On Comparison In Comparative Law, A, Kirk W. Junker
Duquesne Law Review
No abstract provided.
Comparative Law In The Age Of Globalization, Mary Ann Glendon
Comparative Law In The Age Of Globalization, Mary Ann Glendon
Duquesne Law Review
No abstract provided.
Legal Origin Theory [Book Review], Dana Neacsu
Legal Origin Theory [Book Review], Dana Neacsu
Law Faculty Publications
In this volume, Simon Deakin, Professor of Law at the University of Cambridge and Katharina Pistor, the Michael I Sovem Professor of Law at Columbia Law School, considered the merits of Legal Origin Theory (LOT) in three fields of inquiry: the study of comparative law, the analysis of the relation between law and markets, and the understanding of the role of legal systems in social ordering. In their succinct and provocative introduction, Deakin and Pistor discuss the evolution of this legal theory without shying away from its controversial nature.
Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler
Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler
Duquesne Law Review
No abstract provided.
Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson
Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson
Duquesne Law Review
No abstract provided.
Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo
Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo
Duquesne Law Review
No abstract provided.
Introductory Note To Dott. Vito Cozzoli's Parliamentary Groups In The Evolving Italian Political System, Dante Figeuroa
Introductory Note To Dott. Vito Cozzoli's Parliamentary Groups In The Evolving Italian Political System, Dante Figeuroa
Duquesne Law Review
No abstract provided.
Parliamentary Groups In The Evolving Italian Political System, Vito Cozzoli
Parliamentary Groups In The Evolving Italian Political System, Vito Cozzoli
Duquesne Law Review
No abstract provided.
Comparative Aspects Of Piercing The Corporate Veil In The United States And Latin America, Dante Figueroa
Comparative Aspects Of Piercing The Corporate Veil In The United States And Latin America, Dante Figueroa
Duquesne Law Review
No abstract provided.
Price Discrimination Laws: An Economic Perspective, Michael Blakeney
Price Discrimination Laws: An Economic Perspective, Michael Blakeney
Duquesne Law Review
The often criticized price discrimination control laws are examined in this article. The author considers a number of economic analyses of price discrimination in its various forms. He compares the response of the Congress of the United States-the Robinson-Patman Act-with price discrimination control laws of other countries. He concludes the article with the presentation of an example that appears to have benefitted from the experience of many nations in their attempts to limit price discrimination.
Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis
Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis
Duquesne Law Review
No abstract provided.
Freedom Of Movement In Latin America, Daniel C. Turack
Freedom Of Movement In Latin America, Daniel C. Turack
Duquesne Law Review
Today, nationals of many member States of the Organization of American States no longer require a valid national passport to visit other member States. The present standards of freedom of movement emerged as a result of waiver of the passport requirement and the simplification of immigration procedures-the direct outcome of regional international assemblies held in this century, and unilateral measures as indirect consequences of the same meetings. It is now generally recognized by leaders of governments as well as the civil servants located in the higher echelons of their Government's administration that persons bent on engaging in subversive activities within …
Soviet Legal Education, John W. Hager
Soviet Legal Education, John W. Hager
Duquesne Law Review
The title of this article may imply to some readers that the subject matter of its contents will prove to be a broad, comprehensive, and analytical study of all phases of Soviet legal education. No such implication is intended by the particular title selected, and lest the reader be disappointed at a later point, he is warned here that any broad, all-inclusive inferences drawn from the title are neither accurate nor will they be justified by what follows. The author's purposes are much less ambitious and much more limited in number and in scope. By this article he proposes to …
The South-West Africa Judgment: A Study In Justiciability, Cornelius F. Murphy
The South-West Africa Judgment: A Study In Justiciability, Cornelius F. Murphy
Duquesne Law Review
According to Brierly, an international dispute is justiciable if it is "susceptible of decision by the application, in an arbitral or judicial process, of rules of law." It is widely believed that the number of disputes between states to which the judicial process can be applied is extremely limited. The individualistic basis of international jurisdiction and the prevalent political tensions contribute to a limited view of the possibilities of international adjudication. Yet there is a constant need to develop measures of peaceful settlement, and the recent judgment of the International Court of Justice in the South-West Africa cases has dramatically …
The Administration Of The Alberta New Towns Program, John R. Mcfarland
The Administration Of The Alberta New Towns Program, John R. Mcfarland
Duquesne Law Review
Canada is a country with vast unsettled regions and many untapped resources. In the past, as resources were exploited and industry developed in areas which had previously been open country, town building and settlement were left primarily to the industrial developer. The result was the development of what are often called "company towns," or "single-enterprise communities." Little part was played in the creation of these towns by real estate promoters, professional town planners, or governmental bodies. They were not built for philanthropic or idealistic purposes but were considered as "necessary evils." Although towns built in this manner have generally been …
The Principle Of "Harm" In The Concept Of Crime: A Comparative Analysis Of The Criminally Protected Legal Interests, Albin Eser
Duquesne Law Review
Contrary to most continental European criminal theories, in which the notion of harm-defined as a violation of some legally protected interest -plays a key role in determining criminality, Anglo-American criminal jurisprudence has paid little attention to the theoretical exploration and practical employment of the principle of harm.
The Dominican Crisis: An Examination Of Traditional And Contemporary Concepts Of International Law, John F. Naughton
The Dominican Crisis: An Examination Of Traditional And Contemporary Concepts Of International Law, John F. Naughton
Duquesne Law Review
In late April of 1965 the Dominican Republic became embroiled in internal revolution. On April 25th the Dominican government was toppled by supporters of former Dominican President Juan D. Bosch. For the next three days the pro-Bosch rebel regime demanded the return of the former president. Bosch's return, however, was opposed by units of the Dominican naval and air forces under the command of Dominican Air Force General Elias Wessin y Wessin. The revolution appeared to collapse after heavy fighting in the Dominican capital of Santo Domingo on April 27th. That day the United States Embassy in Santo Domingo announced …
Appellate Review In England And The United States - Who Bears The Ultimate Burden?, Howard L. Greenberger
Appellate Review In England And The United States - Who Bears The Ultimate Burden?, Howard L. Greenberger
Duquesne Law Review
Comparative procedural studies, even between countries with similar legal systems and a common language, are fraught with more than the normal measure of pitfalls. Serious students of comparative problems must continually guard against value judgments based upon ingrained prejudice. In the context of this article, an effort is required of the English lawyer to refrain from characterizing the contingent fee system, so prevalent in the United States, as champertous, unethical conduct and dismissing it on that basis alone. On the other hand, it is imperative that those unfamiliar with the English system of court costs eschew the American preconception that …