Suchergebnisse

The story of Paula Wiesenfeld -- Old law meets a new case: Reed -- Frontiero brings hopes -- Wiesenfeld brings reality -- What happened to Sally Armendariz could not happen to a man -- The first pregnancy case: Aiello -- The second pregnancy case: General Electric -- The final pregnancy battle: beyond the Supreme Court -- A problem in the profession -- Taking action -- A young woman takes an old Wall Street firm to court -- Time to settle -- The chief justice's second draft -- No law -- Naming sexual harassment -- Women and the law -- Mechelle Vinson goes to trial -- Appeal to a higher court -- To the Supreme Court -- At the Supreme Court -- A challenge for a young lawyer -- Using civil rights to combat violence -- Judges strike back -- Seeking equal judicial firepower -- Women judges to the rescue -- Reckoning at the Supreme Court. - Includes bibliographical references and index

The Union Carbide and Ferguson cases were suits to recover Tennessee sales taxes and use taxes paid under protest for 1956 and 1958. Carbide and Ferguson urged that since they were under contract to the Atomic Energy Commission, the legal incidence of the tax was on the United States directly and therefore invalid. Carbide had been secured in 1943 to manage and operate certain plants involved in work on the atomic bomb, and Ferguson had subsequently been engaged to build additional facilities for this purpose. Both contended that their relationship with the United States and the Atomic Energy Commission was one of agency, and that they were therefore within the implied immunity of the United States from state tax.

Private Citizens Do Not Have a Cause of Action to Enforce Judgments of the International Court of Justice--Committee of United States Citizens in Nicaragua v. Reagan, 859 F.2d 929 (D.C. Cir. 1988) The Foreign Sovereign Immunities Act Precludes Domestic Court Jurisdiction Over a Cause of Action Arising Out of Airplane Crash in a Foreign Country When the Airplane Is Owned by an Instrumentality of the Foreign Government -Compania Mexicana de Aviacion v. U.S. Dist. Court, 859 F.2d 1354(9th Cir. 1988). An Unrecognized Panamanian Regime Lacks Standing to Intervene in an Action Brought by the Recognized Panamanian Government to Enjoin the Transfer of Panamanian Government Funds Out of American Banks-- Republic of Panama v. Citizens & Southern International Banks, 682 F. Supp. 1544 (S.D. Fla.1988) An Instrumentality of an Unrecognized Foreign Government has Standing to Bring Suit in a United States Court if the Executive Branch Consents --National Petrochemical Co. v. MIT Salt Sheaf, 860 F.2d 551 (2d Cir. 1988)

A Preliminary Injunction to Prevent a Party from Taking Action in a Foreign Jurisdiction that would Destroy United States Jurisdiction does not Violate Principles of Prescriptive Jurisdiction or International Comity--Laker Airways,Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909 (D.C. Cir.1984). International Carriers are Subject to the Private Laws of a Foreign State when Carriers are Party to Trade Agreements with that Foreign State and are Doing Business within its Territorial Jurisdiction--British Airways Boardv. Laker Airways, Ltd., [1984] 3 W.L.R. 413; 23 I.L.M. 727. Court of International Trade has Jurisdiction over Claims Challenging Regulations Governing the Importation of Goods Bearing Genuine Trademarks--Vivitar v. United States, 585 F. Supp. 1419 (Ct. Int'l Trade 1984). Foreign Sovereignty is not Subject to United States Jurisdiction when Compensation Claims against Sovereignty were not within the "Immovable Property" or "Tortious Act" Exceptions to the Foreign Sovereign Immunities Act--Associacion de Reclamantes v. United Mexican States, 735 F.2d 1517(D.C. Cir. 1984). Explicit Waiver of Immunity to Prejudgment Attachment of Assets requires a High Standard of Proof under the Foreign Sovereign Immunities Act--Banque Compafina v. Banco de Guatemala, 583 F. Supp. 320 (S.D.N.Y. 1984). Vessel Owned by a Subdivision of the Italian Government is Immune from Arrest--O'Connell Machinery Co. v. M.V. Amer-icana, 734 F.2d 115 (2d Cir. 1984). United States Citizen's Political Assassination in Iran not Sufficient to Avoid Iranian Sovereign Immunity in Wrongful Death Action--Berkovitz v. Islamic Republic of Iran, 735 F.2d329 (9th Cir. 1984).

Democratic movements, market mechanisms, and decentralization reforms have been at the heart of transformation of former USSR republics. Republic of Moldova was not an exception. The initial argument behind such fascination with these reforms stems from the idea that market mechanisms in an open and democratic society will facilitate the efficient and effective resources' allocation, compensating for interim distributive inequities and macro-economic challenges. Such a natural experiment has been in progress for more than 20 years in the Republic of Moldova. During these 20 years Moldova experienced democracy in its infancy, democratic return of communism, and once again return to democracy and its core ideas and values. Public administration system along with public finance and budgeting systems experienced comparably abrupt changes in their development. This qualitative study of Moldovan public administration and finance frameworks will provide an evaluative description of these three distinct, but interrelated periods in Moldovan history of independence and development of public administration and public budgeting systems. Such description will allow for evaluation of the public administration and public finance systems' developments in Moldova as well as reasons of success and failure of these reforms.

English competition law before 1900 developed over many centuries and reflected changes in political conditions, economic theories and social values. It mirrored the historical movements in England, from the medieval ideal of fair prices and just wages to 16th and 17th century nation-state mercantilism to the 18th and 19th century Industrial Revolution and notions of laissez faire capitalism and freedom of contract. English competition law at varying times articulated three fundamental principles: monopolies were disfavored; freedom to trade was emphasized; and fair or reasonable prices were sought. The Sherman Act truly was a watershed that significantly took a different path from English law as it had evolved. In England, legal challenges to monopolization were limited to the royal creation of monopolies and were concentrated in the 17th and early 18th centuries. A prominent element of English competition law—bans on forestalling—was repealed in the first half of the 19th century. Enforcement of English law against cartels was largely emasculated by the end of the 19th century with the ascendancy of freedom of contract and laissez faire political theory.

The term "secularization" is used to qualify that manner of change which occurred in the Islamic system of civil law from 1451 to 1926. It refers to the processes that caused gradual revision and/or change in Islamic Ottoman and Turkish civil law and connotes a departure from the orthodox tenets prescribed by Islamic law. This departure is a process that may create gradual or abrupt change. Also that which in retrospect is classified as a change may not at the outset be classified as such. Specifically, this change may begin in the form of supplementation and continue in this manner without the process taking the form of major change. On the other hand there may be total change within the structure undergoing these experiences. This structure, which is the subject of discussion, is the Islamic Ottoman and Turkish civil law. The secularization process in this case represents: (1) supplementation, (2) reform (Tanzimat and the Mecelle), (3) change (abrogation of the capitulatory system), (4) complete secular change in civil law (adoption of the Swiss Civil Code).

Državni je savjet dugo vremena priznavao prvenstvo međunarodnih ugovora, posebice ugovora Europske unije, samo nad zakonima koji su doneseni ranije. Najzad, nakon odluke Ustavnog vijeća Elections du Val d'Oise i priklanjajući se zaključcima javnog izvjestitelja Frydmana, Državni je savjet napravio preokret u sudskoj praksi s presudom Nicolo priznajući prvenstvo ugovorima Europske unije, kao i klasičnim međunarodnim ugovorima, čak i nad zakonima koji su doneseni poslije njih. Štoviše, za razliku od rješenja Kasacijskog suda, obrazloženje odluke Državnog savjeta zanemaruje argument o specifičnosti europskoga ustavnog poretka i poziva se samo na članak 55. Ustava ne izjašnjavajući se o klauzuli recipročnosti. Potom je upravni sudac priznao prvenstvo europskih akata sekundarnog prava, tj: uredbi, direktiva, te općih načela europskog prava. ; The State Council has for a long time acknowledged the primacy of international contracts, in particular contracts of the European Union, exclusively over the laws passed earlier. In retrospect after the decision of the Constitutional Council Val d'Oise elections (Elections du Val d'Oise) and accepting the conclusions of public reporter Frydman, the State Council changed its court practice with the Nicolo judgement acknowledging the primacy of contracts of the European Union, as well as classic international contracts, even over laws passed after them. Furthermore, in contrast to Kasacian Court judgements, explanation of the State Council neglects the argument of the specifics of European constitutional order and only calls upon article 55 of the Constitution stating the reciprocity clause. Thereby the administrative judge je recognised the primacy of European acts of secondary law, i.e.: regulation, directive, and general principles of European law.