It's the Law! Apply the Law is the Missing Measure of Civil Law/Common Law Convergence
In: COMMON LAW, CIVIL LAW: THE FUTURE OF CATEGORIES - CATEGORIES OF THE FUTURE,
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In: COMMON LAW, CIVIL LAW: THE FUTURE OF CATEGORIES - CATEGORIES OF THE FUTURE,
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In: Ius Comparatum - Global Studies in Comparative Law 5
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation
In: Latin American Energy Policies
Establishes the mining policy and legal regulations in such a way so that they guarantee the protection, development and rational use of the mining resources. It also creates the National Office of Mining Resources, which will be in charge of controlling the execution of the environmental preservation plans and of mitigating the environmental impact.
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The article examines the issues of Internet legal relations and conflicts of jurisdiction between the states when resolving disputes. The interrelation of Internet legislation and private international law is investigated. The application of Russian legislation in Russian Federation in the regulation of human rights activities is analyzed. Judicial practice of the countries of the Anglo-Saxon legal system is considered.
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In: Routledge research in human rights law
Introduction -- Collective punishment and the law of armed conflict -- Case study : Collective punishment in the Occupied Palestinian Territories -- Collective punishment and human rights law -- Case study : Collective punishment in Chechnya -- Conceptual differences and human rights held by groups -- Can the European Convention on Human Rights encompass a prohibition of collective punishment? -- Conclusion.
In: Law and philosophy library volume 139
The Chain Novel of Civil Law – Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems -- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law -- Progress in Purity v. Purity in Progress. On: "The Law works itself pure -- In the Mix: Common Law and Civil Law Approaches United -- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems -- A Matter of Choice: On China's Transition to a Civil Law System -- Xxx -- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds -- Civil Law is only more or less Common Law – why Overstate the Difference? -- Common Law and Civil: Tree Diagram or Pyramid of Norms? -- A Positive Turn: Originalism between Common Law and Civil Law -- Common Law, Civil Law, and the Data of Legal Philosophy -- A Post Mortem on Legal Science? -- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries -- Common Law and Civil Law – The Matter of Constitutional Reasoning.
In: Social science history: the official journal of the Social Science History Association, Volume 24, Issue 2, p. 423-427
ISSN: 1527-8034
Colorblind Injustice is an angry, ambitious, and very valuable book. In it,Kousser argues that the Second Reconstruction—that is, the post-1965 edifice of law and institutions securing essential African American and Latino civil rights and effective political voice—has been disastrously undermined, possibly mortally so, by the distorted, ignorant, or malicious (and, ultimately, to Kousser, dangerous) misinterpretations of the history of American race relations and of the meaning of the nation's voting rights laws and Reconstruction-era constitutional amendments.The culprits in this tale include, among other members of the Rehnquist Supreme Court, Justices Sandra Day O'Connor and ClarenceThomas; political scientist AbigailThernstrom,who believes that past discrimination against racial minorities never justifies raceconscious remedies; overzealous Republican (and Democratic, though more of the former than the latter) party partisans; and a lot of additional white politicians, officials, and judges ranging in localities from Los Angeles to North Carolina.
In: Proceedings of the annual meeting / American Society of International Law, Volume 103, p. 1-1
ISSN: 2169-1118
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In: Latin American Energy Policies
Updates the fundamental principles, norms and procedures that rule the hydrocarbon sector in Bolivia according to the Referendum held on 2004.
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In: Latin American Energy Policies
Establishes the fundamental principles, norms and procedures that rule the hydrocarbon sector in Bolivia.
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In: Peer Zumbansen (ed.), Oxford Handbook of Transnational Law (Oxford & New York: Oxford University Press 2020)
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Working paper
The state makes law. But the state is also subject to law in two realms: international law and constitutional law. But how in the international realm can law be enforced against powerful states in the absence of a super-state standing above them? How far can moral and legal frameworks developed around ordinary persons be extended to apply to personified Leviathans? The book argues that these kinds of questions are equally applicable to the second major regime of law for states, constitutional law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, this book brings focus to the concept of "law for Leviathan" as a distinctive legal form.