Law Commons^™

Retos De La Enseñanza Del Derecho Civil, Leysser L. Leon

Leysser L. León

El autor reflexiona sobre la situación actual de la enseñanza del Derecho Civil en las Universidades peruanas e identifica dos desafíos importantes para los docentes de esta materia: la superación de los programas curriculares basados libros del Código Civil y la profudización en el conocimiento teórico y práctico de la vasta temática de esta área formativa fundamental.

Civil And Criminal Contempt In Indiana, Robert Brown

Dr Robert Brown

No abstract provided.

Reflexiones En Torno A La Suma De Plazos Posesorios En La Prescripción Adquisitiva De Domino, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Un Supuesto De Inaplicabilidad Del Artículo 1762 Del Código Civil. Un Nuevo Enfoque De La Responsabilidad Civil De Los Profesionales, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.

Invitation To Book Launch, Neil J. Foster

Neil J Foster

Invitation to the Book Launch on 22 Nov 2012

Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Update To Whs Law In Australia No 3, Neil J. Foster

Neil J Foster

Updates to NSW Workers Compensation law.

Labour Law In A Greying Labour Market - In Need Of A Reconceptualisation Of Work And Pension Norms, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

La (Visible) Presencia De Los Contratos Coligados En El Sistema Jurídico Peruano, Walter Vásquez Rebaza

Walter Vásquez Rebaza

No abstract provided.

Hedonic Adaptation And The Settlement Of Civil Lawsuits., John Bronsteen

John Bronsteen

No abstract provided.

Change In The European Civil Law Systems: Infiltration Of The Anglo-American Case Law System Of Precedent Into The Civil Law System, Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.

Statutes And Civil Liability In The Commonwealth And The United States: A Comparative Critique, Neil J. Foster

Neil J Foster

Both the major “common law” systems of private law allow breach of a criminal statute to inform or create civil liability. This paper discusses the differences and similarities between the Commonwealth jurisdictions and the United States of America in this somewhat under-theorised area. The aim is not to resolve all the problems presented by the jurisprudence and commentary on these various forms of action, but to provide a starting point for comparison between the approaches that the two systems have adopted on this issue of implied statutory civil liability. It is hoped that a proper understanding of the development of …

El Problema De Los Efectos Del Negocio Jurídico Nulo: Actualidad Del Pensamiento De José León Barandiarán, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.

'El Derecho A La Intimidad': Inferencias Normativas Sobre Un Clásico, Carlos Alberto Flores Hernández

Carlos Alberto Flores Hernández

En el presente ensayo, describo las partes medulares del texto 'The right to privacy [the implicit made explicit]'; lo anterior, como sustento de una proyección de los postulados de Warren y Brandeis desarrollados por ejecutorias y tesis aisladas de la SCJN así como de criterios generales del IFAI.

Transplantation Of Fiduciary Duties Into Civil Law Jurisdiction: Experiences From Taiwan, Chao-Hung Christopher Chen

Christopher Chao-hung CHEN

No abstract provided.

Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias

Tim Iglesias

This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.

La Inconsistente “Declaración” De Oficio De La Nulidad Del Contrato En El Código Civil Peruano De 1984, Rómulo Morales

Rómulo Martín Morales Hervias

El segundo párrafo del artículo 220 del Código Civil peruano debe interpretarse sistemáticamente en el sentido que el juez puede excepcionar una causal de nulidad del contrato aunque las partes no la invoquen.

El Perfeccionamiento Del Contrato: Teorías Y Postura Del Código Civil Vigente, Mitchel Torres, Alexander Orihuela Abregú

Mitchel Torres

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …

Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer

Parker Tresemer

Recent biotechnology advances are yielding potentially life-saving therapies, but without FDA regulations designed to minimize product costs, patients will continue to be unable to afford these expensive biologic products. Many believe that these prohibitive costs stem from weak competition from generic biologic products, also known as follow-on biologics. To correct this deficiency, and to address the often conflicting regulatory and policy concerns associated with biologic products, Congress enacted the Biologics Price Competition and Innovation Act. The Act created an abbreviated approval pathway for biologic products and, if effective, could increase competition while driving down product costs. But legislation alone is …

Loser Pays - But Only A Reasonable Amount, Martin Sunnqvist

Martin Sunnqvist

In Sweden, the loser pays the costs in civil procedure. But the costs are still reasonable in comparison with many other countries. In the text, I try to explain why.

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Robert B Leflar

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations’ medical law systems. The paper addresses criminal sanctions for Japanese physicians’ negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries. Among the paper’s findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel C. Zoghlin

Rachel Claire Zoghlin

“I was born into my father’s arms,” David responded emphatically when I asked him about his relationship with his mother. David’s father, Ronald, has been his teacher, his guardian, his provider, and his support for his entire life. He taught David to be strong and gentle, proud and humble. David inherited Ronald’s kind eyes, his honest nature, his palpable presence, and his immovable strength. The first, last, and only time David met his mother was on January 23, 1965 – the day he was born. Ronald raised two children, David and his sister Roxanne, as a single parent.

When David …

La Obligación, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Vertical Dimensions In The Quality Of Law, Bartram Brown

Bartram Brown

No abstract provided.

Vertical Dimensions In The Quality Of Law, Bartram Brown

Bartram Brown

There are compelling reasons for concern about the quality of law. Law is essential to structuring the social relations of the state. Thomas Jefferson famously wrote that life, liberty and the pursuit of happiness are God-given unalienable rights, and that the purpose of governments is to secure these rights on behalf of the governed. Whether the law of a state will be successful in this task depends upon the quality of that law. And, due to the vast changes in the international legal system so presciently anticipated by Wolfgang Friedmann in the 1960s, concern about the quality of law must, …

Towards A European Law Of Unjustified Enrichment, Pietro Sirena

Pietro Sirena

Though historically recent, a European law of unjustified enrichment is already existing and embraces both contractual and extra-contractual restitution, which however are governed by different rules and shall not therefore lose their own specificity. In contractual restitution, the remedy is based on the general principle of unjustified enrichment (both in civil and in common law by now) and has a very large field of application: unlike the German model followed by the DCFR, distinguishing between avoided and terminated contracts is not necessary from the point of view of restitution of performances rendered by the parties (as demonstrated by the CESL), …