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Articles 1 - 18 of 18
Full-Text Articles in Law
Property And Local Knowledge, Malcolm Lavoie
Property And Local Knowledge, Malcolm Lavoie
Catholic University Law Review
Property rights play an important but largely under-appreciated role in channeling local knowledge into decisions about physical resources. Property devolves decision-making authority to a dispersed pool of owners, who are likely to be aware of local conditions relevant to their resources. As a result, property owners are often in a position to make better-informed decisions about the use of the resource than other parties. The homeowner who preemptively repairs an old roof, the retailer who offers a new product for sale, and the farmer who decides to switch crops are all decision-makers who are empowered through property rights to act …
The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech
The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech
Pepperdine Law Review
In their celebrated paper, Calabresi and Melamed offered a framework, often referred to as the ‘‘Cathedral’’ analysis, which explains when and why entitlements should be protected using two main sets of rules—property rules and liability rules. This framework is now widely used to explain some private law doctrines. However, cases that are easily explained as applications of liability rules are usually difficult to explain under the private law theory of correlative corrective justice. This is because the basic idea underlying corrective justice conflicts with the notion of rules that allow the nonconsensual property appropriation subject to compensation. In this Article, …
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
Georgia Journal of International & Comparative Law
No abstract provided.
State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles
Georgia Journal of International & Comparative Law
No abstract provided.
The Accession Of Greece To The European Communities, Bernhard Schloh
The Accession Of Greece To The European Communities, Bernhard Schloh
Georgia Journal of International & Comparative Law
No abstract provided.
The European Economic Community: The Right Of Member State Withdrawal, John A. Hill
The European Economic Community: The Right Of Member State Withdrawal, John A. Hill
Georgia Journal of International & Comparative Law
No abstract provided.
The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.
The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner
Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott
Georgia Journal of International & Comparative Law
No abstract provided.
"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova
"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova
Georgia Journal of International & Comparative Law
No abstract provided.
Accession To A Surrender Of Sovereign Autonomy In Law?: The Effect Of The European Union Membership Process Upon Romania, James B. Cronon
Accession To A Surrender Of Sovereign Autonomy In Law?: The Effect Of The European Union Membership Process Upon Romania, James B. Cronon
Georgia Journal of International & Comparative Law
No abstract provided.
When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic
When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic
Georgia Journal of International & Comparative Law
No abstract provided.
The Accession Insight And Patent Infringement Remedies, Peter Lee
The Accession Insight And Patent Infringement Remedies, Peter Lee
Michigan Law Review
What is the appropriate allocation of rights and obligations when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this outcome merely underscores the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset. This Article draws upon accession-a physical property doctrine …
The Hague Convention: The Problems With Accession And Implementation, Annette Schmit
The Hague Convention: The Problems With Accession And Implementation, Annette Schmit
Indiana Journal of Global Legal Studies
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("the Hague Convention") was developed to enable adoptions to proceed according to the "the best interests of the child with respect for his or her fundamental rights." This Note discusses the dynamics of the Hague Convention with respect to the implementation process and the relationships between members of the Convention that are abiding by Hague Convention standards, members of the Convention that are not abiding by Hague Convention standards, and non-members of the Convention. The United States' recent ratification of the Hague Convention exemplifies the difficulties …
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Cornell International Law Journal
No abstract provided.