Abortion—A Question Of Human Rights,
2023
University of Leeds
Abortion—A Question Of Human Rights, Geoffrey Bennett, Christina M. Lyon
Journal Articles
Unlike the American Supreme Court which has been prepared to acknowledge, confront, and attempt to resolve the many problems associated with abortion, the European Commission of Human Rights in two cases that have only recently been reported has disappointingly side-stepped many of the difficult issues involved, and raised more questions than it answers. Furthermore, the reasoning in these decisions, which are concerned with the interpretation of several of the Articles of the European Convention on Human Rights, is at times vague and curiously ill-argued. The two decisions are first a German case, Bruggeman and Scheuten v Federal Republic of Germany …
The Visible Trial: Judicial Assessment As Adjudication,
2023
University of Colorado Law School
The Visible Trial: Judicial Assessment As Adjudication, Tracey E. George, Albert H. Yoon
University of Colorado Law Review
Only a small fraction of lawsuits ends in trial—a phenomenon termed the “vanishing trial.” Critics of the declining trial rate see a remote, increasingly regressive judicial system. Defenders see a system that allows parties to resolve disputes independently. Analyzing criminal and civil filings in federal district court for the forty-year period from 1980 to 2019, we confirm a steady decline in the absolute and relative number of trials. We find, however, this emphasis on trial rate obscures courts’ vital role and ignores parties’ goals. Judges adjudicate disputes directly by ruling or effectively through other assessments of the parties’ cases. Even …
Penggunaan Tanah Masyarakat Untuk Kepentingan Penempatan Tiang Listrik Pln Berdasarkan Perspektif Hukum Perjanjian,
2022
Universitas Indonesia
Penggunaan Tanah Masyarakat Untuk Kepentingan Penempatan Tiang Listrik Pln Berdasarkan Perspektif Hukum Perjanjian, Lolita Adhyana Joedo
Jurnal Hukum & Pembangunan
PLN dalam menyalurkan listrik menggunakan tanah milik orang termasuk untuk memasang tiang listrik. Penggunaan tanah tersebut atas ijin dari Pemilik Tanah. Dalam perkembangannya tanah mengalami peralihan hak dan daerah lokasi tiang listrik PLN telah berkembang pesat, yang berdampak masyarakat merasa terganggu dengan kehadiran tiang listrik yang lebih dulu ada, sehingga meminta tiang listrik dipindahkan. Permintaan pindah tiang listrik PLN telah menjadi polemik, karena masyarakat keberatan harus menanggung biaya pindah tiang listrik. Pembebanan biaya tersebut disebabkan pekerjaan pindah tiang listrik membutuhkan biaya pekerjaan dan kompensasi yang harus dibayar oleh PLN kepada masyarakat di area yang terdampak pemadaman listrik akibat permintaan pindah …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community,
2022
Brooklyn Law School
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market,
2022
Center for Indonesian Financial And Economic Law Studies
Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman
Indonesia Law Review
Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order …
Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law,
2022
University of Cincinnati College of Law
Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris
University of Cincinnati Law Review
No abstract provided.
Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law,
2022
Louisiana State University Law Center
Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta
Journal of Civil Law Studies
This article explores a linguistic defect in how Argentine Supreme Court dissents are written. The reader of these dissents has a hard time distinguishing between a majority opinion and a dissenting opinion, because dissents are written “as if” they were deciding the case. The confusion results from the use of performative language in dissents when adherence to reality and a plain-language approach require modal verbs reflecting the language of suggestion. This is actually the way dissents are expressed in the United States, the jurisdiction from which the Argentine Supreme Court copied its constitutional design. To make the case against the …
Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea,
2022
Louisiana State University Law Center
Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho
Journal of Civil Law Studies
No abstract provided.
Wells Fargo Bank Minn., Nat’L Ass’N V. Holoway,
2022
Louisiana State University Law Center
Wells Fargo Bank Minn., Nat’L Ass’N V. Holoway, Arthur H. Pearcy
Journal of Civil Law Studies
No abstract provided.
The Constitutional Reshaping Of South Africa's Succession Laws,
2022
Louisiana State University Law Center
The Constitutional Reshaping Of South Africa's Succession Laws, François Du Toit
Journal of Civil Law Studies
The South African Constitution of 1996 has had a significant im-pact on all the branches of South African law, including its succes-sion laws. The Constitution has transformatively reshaped im-portant aspects of South Africa's succession laws over the past two-and-a-half decades. This Article surveys the reshaping of two such aspects critically, namely (i) the extension of spousal inheritance under the Intestate Succession Act of 1987 and the Wills Act of 1953 as well as the extension of parental inheritance under the former statute; and (ii) the limitation of testamentary freedom. The afore-mentioned developments occurred by and large at the hands of …
Bilingual English-Spanish Louisiana Civil Code, Book Ii,
2022
Louisiana State University Law Center
Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Avant-Propos,
2022
Louisiana State University Law Center
The Doctrine Of Veil-Piercing Liability In Poland And Selected Countries: A Comparative Law Study,
2022
Louisiana State University Law Center
The Doctrine Of Veil-Piercing Liability In Poland And Selected Countries: A Comparative Law Study, Mariusz Fras
Journal of Civil Law Studies
The separation of a company from its members, based on legal personality, is recognized as one of the fundamental principles of corporate law. It expresses the legal distinction between the two entities. A consequence of the separateness principle is that members are not liable for the debts of their companies, and companies cannot be held liable for the debts of their members. However, such consequences of the principle of mutual autonomy of companies and their members are in sharp contrast with commercial reality, in which intertwined corporate groups operate as a single economic entity. In market transactions, a subsidiary often …
Cover, Masthead & Contents,
2022
Louisiana State University Law Center
Penalty Default Rules In Quebec Contract Law,
2022
Louisiana State University Law Center
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Journal of Civil Law Studies
Few would deny that contract law is filled with default rules, but there has been a great deal of scholarly debate about their purposes and functions. Some American scholars have argued that there are default rules that do not align with most parties’ expectations; indeed, they impose a burden on one or both parties if they are not departed from. Departing from these default rules typically requires one or both parties to share information that they might have otherwise kept to themselves. These have been called “penalty default rules.” While there is a significant amount of scholarship on penalty default …
An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey,
2022
Louisiana State University Law Center
An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani
Journal of Civil Law Studies
This article explores the question of legal education in micro jurisdictions using the case of Jersey, a British Crown Dependency, positioned geographically, historically and culturally between two larger jurisdictions, France and the UK. It analyses how Jersey’s legal training is pulled towards those large “big neighbours,” rather than focusing on what makes its specificity and attraction. It questions how legal education in micro-jurisdiction is actually linked to ideology. The article starts with the following question: are we taking micro jurisdictions seriously? It then considers the routes to legal qualification in micro jurisdictions, before focusing specifically on the case of Jersey …
Introductory Note To The English Translation Of The Civil Code Of North Korea,
2022
Louisiana State University Law Center
Introductory Note To The English Translation Of The Civil Code Of North Korea, Joseph Cho
Journal of Civil Law Studies
No abstract provided.
Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives,
2022
Louisiana State University Law Center
Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov
Journal of Civil Law Studies
The Civil Code is the second most important legal act in the country after the Constitution, and the first in terms of volume. Due to its important role in the lives of citizens, the Civil Code is sometimes informally referred to as the “Economic Constitution.” At the same time, the Civil Code is the main document setting the rules for a market economy. This article is devoted to the processes of codification of civil law in Azerbaijan over the past 100 years. During the twentieth century, through the codification of civil law, Azerbaijan has adopted three Civil Codes, far more …
Natural And Artificial Neural Networks: The Chilean Legal Framework,
2022
Louisiana State University Law Center
Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló
Journal of Civil Law Studies
Neuro-law and neuro-rights are emerging legal fields in the intersection of law, ethics, and technology. The aim of this study is to present the legal and scientific foundations of the matter, highlighting the Chilean regulation model on the problem.
Successions Of Toney,
2022
Louisiana State University Law Center
Successions Of Toney, Winston M. Faulk
Journal of Civil Law Studies
No abstract provided.
