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Articles 781 - 804 of 804
Full-Text Articles in Law
Comparative Reasoning And Judicial Review, Sarah K. Harding
Comparative Reasoning And Judicial Review, Sarah K. Harding
Sarah K. Harding
No abstract provided.
Die Ad-Hoc-Publizitaet Im Deutschen Und Italienischen Recht, Valerio Sangiovanni
Die Ad-Hoc-Publizitaet Im Deutschen Und Italienischen Recht, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Comparative Advantages? The Protection Of The Employment Bond In German And American Law, Thomas Kohler
Comparative Advantages? The Protection Of The Employment Bond In German And American Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Richard Kay
When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …
Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler
Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
Human Rights: The Emerging Norm Of Corporate Responsibility, Claire Moore Dickerson
Human Rights: The Emerging Norm Of Corporate Responsibility, Claire Moore Dickerson
Claire Moore Dickerson
Human-rights norms are now evolving toward an increased recognition of the collective as well. Included among the civil and political rights, and the economic, social, and cultural rights, are rights that are most effective when used by a group. The solidarity rights, including the right to development, are a natural culmination of that trend. These norms emerge from the larger society that extends beyond the developed world, and certainly far beyond the corporations' commercial environment. A democratic process of admittedly varying formality and effectiveness creates and legitimates these norms. The feedback between (1) corporations' conduct in support of the collective …
Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd
Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Managing U.S.-Eu Trade Relations Through Mutual Recognition And Safe Harbor Agreements: 'New' And 'Global' Approaches To Transatlantic Economic Governance, Gregory C. Shaffer
Managing U.S.-Eu Trade Relations Through Mutual Recognition And Safe Harbor Agreements: 'New' And 'Global' Approaches To Transatlantic Economic Governance, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
The Public And The Private In International Trade Litigation, Gregory C. Shaffer
The Public And The Private In International Trade Litigation, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Rethinking The Rationale For Teaching Comparative Law In Israel (In Hebrew), Ron Harris
Rethinking The Rationale For Teaching Comparative Law In Israel (In Hebrew), Ron Harris
Ron Harris
מדוע יש ללמד תלמידי משפטים משפט השוואתי? תשובות סטנדרטיות אחדות מוצעות באופן מסורתי לשאלה זו, ואציג שלוש מהן. ראשית, ההשוואה מרתיבה אופקים, במובן זה שהיא מציעה לבעיה משפטית נתונה פתרונות נוספים שלא היינו מודעים להם כל עוד הוגבלו אופקינו לשיטתנו. במסע השוואתי ניתקל בפתרונות נוספים לבעיה נתונה לזה שבשיטתנו, נוכל להעמיד פתרונות אלה לצד הפתרון הנוהג בשיטתנו, ולבחון את היתרונות וההסרונות היחסיים של כל פתרון לשם שיפור הדין שלנו. גם אם תלמידת המשפטים אינה יכולה לשפר את הפסיקה בפועל, שכן אינה שופטת או מחוקקת, היא תלמד לחשוב לא רק על הדין המצוי, אלא גם על זה הרצוי, ותוכל ליישם צורת …
Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner
Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner
Thomas C. Kohler
No abstract provided.
‘Integrative’ Comparative Law Enterprises And The Inner Stratification Of Legal Systems, Mauro Bussani
‘Integrative’ Comparative Law Enterprises And The Inner Stratification Of Legal Systems, Mauro Bussani
Mauro Bussani
The essay deals with the features of, and the challenges posed by the initiatives aiming to harmonize European private laws. The first part focuses on the comparison of (overt) methods and (hidden) implications pursued by research-oriented enterprises – such as ‘The Common Core Project’ or the ‘European Case-books Project’ –, and the initiatives whose goal is the creation of rules – such as the UNIDROIT Principles or the ‘Lando Commission’ –. The second part of the article highlights the existence of multi-level legal systems as one of the most important problems any integrative enterprise has to face. The analysis of …
Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer
Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
The Common Core Approach To The European Private Law, Mauro Bussani, Ugo Mattei
The Common Core Approach To The European Private Law, Mauro Bussani, Ugo Mattei
Mauro Bussani
This paper discusses the aim, method, and organization of ‘The Common Core of European Private Law’ project, a scholarly initiative launched by the authors in 1994, and that at the moment this paper was written involved one hundred (and now more than two hundred) scholars, mostly from Europe and the United States. Part I describes both the immediate and the long-term goals of the Project. Part II discusses the methodological evolution that has taken place from Schlesinger's Cornell Project to the Common Core work, and tackles the main differences between the Common Core approach and other "integrative" projects taking place …
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Mauro Bussani
In the last decades, many research groups have been established to support—although through different means—the Europanization of private law. Some of these initiatives are, to use Schlesinger’s terminology, ‘integrative’, that is, they are engaged in ascertaining which solutions may best regulate legal problems in a common way. Other enterprises aim to deepen the knowledge and dialogue between European legal cultures. This is particularly the case with ‘The Common Core of European Private Law’ project, which was launched in 1994 by Ugo Mattei and the author of this article to develop a better knowledge of private law rules within the European …
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Mauro Bussani
The paper focuses on the widespread hetero-referentiality one can witness, especially in certain circuits, between jurists and philosophers: the former trying to base technical arguments on one or the other (most of the times: fashionable) philosophical trends; the latter theorizing about this or that use of a given legal notion – often referring to orientations by now obsolete, or which only partly, or vaguely grasp the law as it is. After examining the modes through which the legal debate selects the philosophical authorities able to serve as auxiliary sources of the jurist’s cultural legitimization, the essay analyzes the most remarkable …
Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler
Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Foreign Notarial Legal Services Monopoly: Why Should We Care?, Pedro A. Malavet
The Foreign Notarial Legal Services Monopoly: Why Should We Care?, Pedro A. Malavet
Pedro A. Malavet
This piece serves three purposes: (1) briefly to take issue with the current treatment of comparative scholarship, especially how it is ignored by main law reviews; (2) to be a succinct introduction to the Latin Notary; and (3) to point out that the adversarial ethic and notarial impartiality can co-exist and even complement one another. It presents the notary as an example of a non-adversarial ethic, in a system that has other professionals who are ruled by the adversarial ethic. It does not advocate the abandonment of the adversarial ethic, but, rather, argues that in certain legal situations a non-adversarial …
Legal Rhetoric And Revolutionary Change, Richard Kay
Legal Rhetoric And Revolutionary Change, Richard Kay
Richard Kay
If we define revolutionary change as the alteration of fundamental political arrangements in ways inconsistent with accepted understandings of law, we would not expect to find the invocation of law in justification of that change. In fact, however, such justification is not uncommon. This paper examines three cases exposing differing attitudes to legal justification of revolution-- the English Revolution of 1688-89, the secession of the Southern states at the beginning of the American Civil War and the Bolshevik revolution of 1917. In each case the paper describes the revolutionaries' use of legal language. It then shows how the use or …
The Non-Adversarial, Extra-Judicial Search For Legality And Truth: Foreign Notarial Transactions As An Inexpensive And Reliable Model For A Market-Driven System Of Informed Contracting And Fact-Determination, Pedro A. Malavet
Pedro A. Malavet
Notarial transactions are specialized contracts, which in most of the world are written and certified by a legal professional known as a notary, who obviously is not the U.S. notary public. These, in effect, lawyers, practice a liberal profession so endowed of the public trust that they are expressly made alternatives to judicial proceedings. Hence, the notarial form is an extra-judicial certification of legality and truth, often comparable to our court judgments. This system guarantees honesty and legality while avoiding or resolving disputes, at a very low cost, when compared to American law practice and certainly when compared to litigation.
Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet
Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet
Pedro A. Malavet
Can a lawyer, in certain matters, be an impartial counsel for the situation, rather than an advocate for either party? The Latin Notary is a legal professional of the Civil Law world that is expected to be a non-adversarial, expert legal counselor to every party to a transaction. The State seeks to ensure impartiality by imposing on the notary very strict training, admission and ethical requirements. In exchange for such high demands, the state often grants the notaries profitable subject-matter and geographic monopolies. Covers historical development, current definition and scope, relation to "lawyer as intermediary" of Model Rule 2.2.
Lethal Laws, David B. Kopel
Lethal Laws, David B. Kopel
David B Kopel
Book review of Lethal Laws, which examines the relationsip between gun prohibition and genocide in Nazi Germany, the Soviet Union, China, Cambodia, Guatemala, Uganda, and Armenia.
The Comparative Method And Law Reform, Darius Whelan
The Comparative Method And Law Reform, Darius Whelan
Darius Whelan
This 1988 LLM thesis examines law reform, the comparative method, and the combination of these two elements. A broad definition of law reform is adopted, to include law reform by legislators and judges, and proposals for law reform from law reform agencies and from academics. It is explained that the comparative method (commonly referred to as comparative law) is still at an experimental stage, and that no particularly rigid method of comparison has been adopted for the purposes of this thesis. The theory of reception and legal transplants is discussed, from Montesquieu to date. Particular emphasis is placed on the …
Children's Representation In Custody Litigation In America And Australia, Arthur Lefrancois
Children's Representation In Custody Litigation In America And Australia, Arthur Lefrancois
Arthur G. LeFrancois
No abstract provided.