The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, 2011 University of Salento
The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
The Central American Constitutional Identity, 2011 University of Salento
The Central American Constitutional Identity, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
The Central American Constitutional Identity.- A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, 2011 University of Bari
The Central American Constitutional Identity.- A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Lidia P. Castillo Amaya
Lidia P. Castillo Amaya
This paper will present some preliminary conclusions drawn after conducting the first stage of a research project, which intends to study the constitutional characteristics of the Integration Process of Central America (in its diachronic and synchronic dimension) by means of assessing its legal and extralegal formants in order to verify if its structure and modality are a result of a specific historical and cultural context with elements of originality and innovation; or if they are a mere consequence of a strict “constitutional imitation” of foreign external models (EU) shaped by the interests of the dominant economic elite; or if we …
European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, 2011 VU University Amsterdam,
European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, Konstantinos G. Margaritis
Human Rights & Human Welfare
A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.
© Konstantinos G. Margaritis. All rights …
Is “Transnational” Constitutional Law Possible?, 2011 University of Salento
Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Def Con 19 Conference in Las Vegas, Nevada on August 7, 2011. The presentation discussed what the law has (or does not have) to say about evasion of geolocation or "cybertravel" -- acts by which a user makes geolocation tools believe that he is physically located somewhere other than where he is located.
De La Admiración A La Recepción Crítica: El Apagado Eco De La Codificación Del Derecho Privado Europeo En América Latina, 2011 Catholic University of Lima - Perú
De La Admiración A La Recepción Crítica: El Apagado Eco De La Codificación Del Derecho Privado Europeo En América Latina, Leysser L. Leon
Leysser L. León
En este artículo se esboza el nuevo posicionamiento de los ordenamientos jurídica de América Latina frente a los proyectos de armonización de las codificaciones civiles europeas. La tesis del Autor es que de una etapa dilatada de importación normativa masiva se ha pasado (y se necesita pasar) a una recepción crítica: con el auxilio de la comparación jurídica, se debe discriminar el material legislativo extranjero, conociéndolo en su origen e informándose sobre su problemática, a fin de evitar la migración de modelos inadecuados para fructificar fuera de su contexto de producción.
Islam In The Secular Nomos Of The European Court Of Human Rights, 2011 University of Maryland School of Law
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Michigan Journal of International Law
If, with the benefit of hindsight, Mr. Choudhury's case was a harbinger of the emergence of various problems associated with Islam and the rights of Muslim minorities in European nation-states, then the events of September 11, 2001 have propelled these issues to the forefront of law and politics in a way unimaginable even a decade earlier. In Denmark, cartoons depicting the Islamic prophet Muhammad as a suicide bomber have been published leading to protests and violence across Europe and the Islamic world; a law prohibiting students in public schools from wearing symbols or attire through which they conspicuously exhibit a …
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, 2011 University of Arlkansas at Little Rock William H. Bowen School of Law
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Faculty Scholarship
In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver's heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent's estate--and these forced shares are assessed against a notional “estate” that includes the testator's inter vivos gifts. If the total of these forced shares exceeds the amount actually available in the decedent's estate at death, the recipients of the gifts, or their successors, may be forced …
Medical Malpractice In Austria, 2011 Chicago-Kent College of Law
Medical Malpractice In Austria, Bernhard A. Koch
Chicago-Kent Law Review
This article presents the Austrian law governing compensation for medical malpractice in an overview. After a glimpse at the healthcare and social insurance system, the regulatory framework is outlined, with an obvious particular focus on tort and contract law. Apart from the special case where informed consent is lacking, the various elements of a claim that patients may have mirror the general requirements of tort and contract liability in Austria, which is why the brief sketch may also serve to give at least some basic insight into that part of the legal system in general. Furthermore, peculiar approaches in handling …
Medical Malpractice And Compensation In France, Part I: The French Rules Of Medical Liability Since The Patients' Rights Law Of March 4, 2002, 2011 Chicago-Kent College of Law
Medical Malpractice And Compensation In France, Part I: The French Rules Of Medical Liability Since The Patients' Rights Law Of March 4, 2002, Florence G'Sell-Macrez
Chicago-Kent Law Review
While the French Law of medical malpractice had been mainly based on the Civil Code provisions related to contract law, the Patients Rights' Law of March 4, 2002 set forth general principles regarding the responsibility of health professionals and health institutions which are now in the Code of Public Health. The relatively new Law has modified the legal basis for medical liability, which is now regarded as a "legal regime" that is neither contractual nor tortious. The Patients' Rights Law of March 4, 2002 not only has reaffirmed the principle of fault-based liability in medical malpractice cases, but also allows …
Medical Malpractice And Compensation In Germany, 2011 Chicago-Kent College of Law
Medical Malpractice And Compensation In Germany, Marc S. Stauch
Chicago-Kent Law Review
This paper offers an overview of the rules under German law for securing accountability and redress in cases of medical injury. It is divided into three main parts. Part I looks at the various legal consequences that may apply in such circumstances, including criminal and professional liability of the doctor, the bases for a private law claim by the patient, and the existence of pockets of non-fault based liability for injury from medical products. Part II then considers in greater detail the elements to be satisfied in respect to the two key forms of private law malpractice claim, namely faulty …
Medical Malpractice And Compensation In Poland, 2011 Chicago-Kent College of Law
Medical Malpractice And Compensation In Poland, Kinga Bączyk-Rozwadowska
Chicago-Kent Law Review
Civil liability for medical malpractice in Poland can be either contractual or tortious. In practice, provisions of ex delicto liability are applied. Since June 2010, liability insurance is obligatory for all health care providers that render medical services in Poland. Tortious liability may be attributed to a doctor or a hospital when either's faulty acts or omissions result in the damage. A hospital may also have vicarious liability for injuries caused by its doctors and other medical staff. Fault usually consists of negligence, which is defined as failure to work with due care and diligence while treating a patient. Burden …
Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., 2011 University of Macedonia, Greece
Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., Panagiotis Kitsos, Paraskevi Pappas
Panagiotis Kitsos
It is widely aknowledged that we are entering in an era of revolutionary changes in the field of Information and Communication Technologies . The spread of broadband internet connections has led internet to function not only as a communications network but also as a platform for new computing applications. The most recent application is the so called "cloud computing", which permits the running of software applications or the storage of data to be performed at remote servers which are connected to our computers through the Internet. Examples of these applications are the web-based email services, online computer back up, data …
The German And Romanian Abuse Of Market Dominance In The Light Of Article 102 Tfeu (Nomos, Baden-Baden), 2011 SelectedWorks
The German And Romanian Abuse Of Market Dominance In The Light Of Article 102 Tfeu (Nomos, Baden-Baden), Anca Daniela Chirita
Anca Daniela Chirita
No abstract provided.
Autonomía Patrimonial De La Persona Jurídica, 2011 SelectedWorks
Autonomía Patrimonial De La Persona Jurídica, David García
David García
No abstract provided.
Glass Cages In The Dock?: Presenting The Defendant To The Jury, 2011 Chicago-Kent College of Law
Glass Cages In The Dock?: Presenting The Defendant To The Jury, David Tait
Chicago-Kent Law Review
The architecture of the courtroom provides insights into the philosophy of justice espoused by the community—it embodies particular perspectives about the presumption of innocence, the dignity of the person, the right to effective representation, and more generally, the right to a fair trial. The physical position of the accused in a criminal trial, the subject of this Article, varies considerably between jurisdictions, from a privileged place at the defense table to a dock isolated from other courtroom participants. The legal issues associated with the place of the accused are particularly evident when the dock is enclosed in glass. This Article …
Two Weeks At The Old Bailey: Jury Lessons From England, 2011 IIT Chicago-Kent College of Law
Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder
Chicago-Kent Law Review
I spent two weeks observing jury trials and interviewing judges and barristers at the Old Bailey in London. There were several jury practices at the Old Bailey that would benefit American jurors, such as providing them with a "jury bundle," and we should introduce such practices in the United States. There are other practices, such as eliminating peremptory challenges, which are worth adopting over time because there would be some initial resistance. There are many practices that the two systems share in common, such as allowing jurors to take notes, to ask questions of witnesses, and to have a written …
Jury Selection And Jury Trial In Spain: Between Theory And Practice, 2011 Chicago-Kent College of Law
Jury Selection And Jury Trial In Spain: Between Theory And Practice, Mar Jimeno-Bulnes
Chicago-Kent Law Review
Even though Spain has traditionally followed a civil law system, it is at present the only European country to have introduced the common law model of jury trials into its criminal proceedings through the Spanish Jury Law of 1995. Despite counterproposals for mixed courts composed of professional judges consulting with lay assessors (escabinado), the Spanish jury system is now fully functional and diligently applies its sometimes extremely complex content. The rules on jury selection mean that the selection process is tong and somewhat tedious in both theory and practice. However, theory and practice can differ in jury trials, as a …
The French Jury At A Crossroads, 2011 Chicago-Kent College of Law
The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain
Chicago-Kent Law Review
Since its inception, the French jury system has generated controversy and passionate argument. The jury originated at the time of the French Revolution as a potent symbol of democratic self-governance. Alternately praised and attacked by successive governments over two centuries, the jury became entrenched in the French justice system and in the French mind. Yet, in recent years, the French jury's future has become the subject of intense political debate. This article provides an overview of historical changes to the French jury system, describing how it was transformed from an independent body of lay citizens into a mixed decisionmaking body …