Comparative law: law and the legal process in Japan
In: Carolina Academic Press law casebook series
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In: Carolina Academic Press law casebook series
Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.
In: American journal of international law: AJIL, Volume 79, Issue 3, p. 598-621
ISSN: 2161-7953
For more than 20 years the Italian Constitutional Court and the Court of Justice of the European Communities have disputed the proper relation between Community and national law. In S.p.A. Granital v. Amministrazione finanziaria, the Constitutional Court recently adopted a position consistent with the Community Court's view of the supremacy of Community law. Italian constitutional law doctrines on international law profoundly affected this development and may in turn be altered as the implications of the Constitutional Court's view of Community law are worked out.
In: ELSA Malta Law Review, Volume 2
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In: The international & comparative law quarterly: ICLQ, Volume 38, Issue 4, p. 965-977
ISSN: 1471-6895
This article will review recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion will include legislative amendments to the Code of Virginia ("Code") by the General Assembly promulgated in 1990 and the first half of 1991, as well as important cases on construction law decided by Virginia's state and federal courts for the last half of 1989, 1990, and the first half of 1991.
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In: Journal of Law and Contemporary Problems Vol. 83, Forthcoming
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In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Volume 5, Issue 1, p. 5-22
ISSN: 2626-1316
The European Communities, with their sovereign rights in special areas, disrupt the trend toward exclusive territorial rights of the national states and, in this way, reflect a new development in international law.
In: Arctic review on law and politics, Volume 3, Issue 2
ISSN: 2387-4562
The magnitude of rapid changes occurring in the Arctic have generated a further inquiry on the role of law and existing legal systems in meeting the many challenges that Northerners, Arctic indigenous peoples and their communities are facing today. On the one hand, we deal with the pluralism of legal orders across the Circumpolar Region which can be valuable to finding innovative solutions for existing issues, and it can be of learning significance to different Arctic jurisdictions. On the other hand, the dominating influence of national legal systems and legal procedures on the regulation of internal and local affairs of the Arctic sub-national entities and their communities raises the question of the role of indigenous legal traditions and practices in various Northern issues and developments. By looking mainly at the example of the Inuit of Canada's Eastern and Central Arctic (Nunavut), to understand the Inuit law-ways, at the outset, this essay examines some general features of the traditional Inuit legal order. Further, by exploring some principles and aspects that define linkages and interactions between indigenous legal practices and "Western" law in the Arctic, it raises questions that are essential to our better understanding of the value of indigenous law in contemporary issues and developments in the North.Keywords: Indigenous law, Inuit law, legal pluralism, the ArcticCitation: Arctic Review on Law and Politics, vol. 3, 2/2012 pp. 200–217. ISSN 1891-6252
In: Juris diversitas
Local autonomy and constitutional law : an uncertain relationship / Richard Briffault -- Room to live? : socio-legal reflections on the United Kingdom's politics of housing space / Helen Carr -- Building a language of municipal bankruptcy and insolvency on an urban law foundation / Juliet Moringiello -- Crowdfunding in Asian countries and its interaction with citizenship / Chen Hung-Yi -- Consumer financial protection, inclusion and education : connecting the local to the global / Susan Block-Lieb -- Living in the shadow of the law : urban segregation, poverty and informality / Jimena Suarez Ibarolla -- Informal housing : plurality in the city / Julian Sidoli del Ceno
The purpose of this study is to analyze the law authority through criminal law politics states in the law concerning corruption. This study employed a normative juridical method with conceptual and statue approaches. This research collected the data from primary and secondary legal materials. These are to obtain a critical study of legal issues happening in society. The findings revealed that the criminal act of corruption does not provide a deterrent effect and is actually detrimental to the state. In addition, this study also found that the law concerning corruption increases the state's burden. This is because the prison sentence for corruptors is too light. The amount of money proceeds from corruption is not comparable to state spending in supporting the life of corrupt convicts in prison. The standard of penalty state in the law is too light compare to the result of corruption. Thus, it is necessary to reform the law on corruption due to the absence of proportionality in law and large losses to the state when dealing with corruption. The highest standard penalty for corruption only amounts to one billion Rupiah. In fact, many corruption cases reach to tens billions and even trillions rupiahs.
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