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We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, Rafal Manko Feb 2015

We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, Rafal Manko

Dr. Rafał Mańko

In line with Lenin’s famous quote that Bolsheviks “do not recognise anything private” and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Polish case, such legal institutions were usually legal transfers, imported from the Soviet Union. When the socio-economic and political system changed …


Organizational Standing In Environmental Litigation, Jeanne A. Compitello Jan 1990

Organizational Standing In Environmental Litigation, Jeanne A. Compitello

Touro Law Review

No abstract provided.


Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias Jan 1989

Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias

Law Faculty Publications

The public interest litigant is no longer a nascent phenomenon in American jurisprudence. Born of the need of large numbers of people who individually lack the economic wherewithal or the logistical capacity to vindicate important social values or their own specific interests through the courts, these litigants now participate actively in much federal civil litigation: public law litigation. Despite the pervasive presence of public interest litigants, the federal judiciary has accorded them a mixed reception, particularly when applying the Federal Rules of Civil Procedure. Many federal courts have applied numerous Rules in ways that disadvantage public interest litigants, especially in …


Rule 19 And The Public Rights Exception To Party Joinder, Carl W. Tobias Jan 1987

Rule 19 And The Public Rights Exception To Party Joinder, Carl W. Tobias

Law Faculty Publications

The increasing number of "public interest" lawsuits suggests that federal courts increasingly will confront difficult party joinder questions posed by such litigation. These problems arise because entities not involved in the litigation may have interests that may be adversely affected by the litigation. The joinder issue presented by such cases is whether rule 19 of the Federal Rules of Civil Procedure requires that the suit be dismissed or whether the litigation can continue without joinder of the absent entities. Numerous courts have dealt with the question by creating a 'public rights exception," which permits the litigation to continue even without …


Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof Mar 1952

Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof

Michigan Law Review

In its efforts to combat gasoline price wars and the fraud that allegedly accompanied them, the City of Pontiac enacted an ordinance designed to restrict the scope of gasoline advertising. It provided that: "No sign or placard stating the price or prices of gasoline other than such signs or placards as hereinabove provided [signs not larger than 12 by 12 inches attached to pumps] shall be posted or maintained on the premises on which said gasoline is sold or offered for sale." Defendant retailed gasoline; by combining hauling and retailing into one operation, savings of about four cents a gallon …