Suchergebnisse

To have a nationality is a human right. But between the nineteenth and mid-twentieth centuries, virtually every country in the world adopted laws that stripped citizenship from women who married foreign men. Despite the resulting hardships and even statelessness experienced by married women, it took until 1957 for the international community to condemn the practice, with the adoption of the United Nations Convention on the Nationality of Married Women. Citizenship, Alienage, and the Modern Constitutional State tells the important yet neglected story of marital denaturalization from a comparative perspective. Examining denaturalization laws and their impact on women around the world, with a focus on Australia, Britain, Canada, Ireland, New Zealand and the United States, it advances a concept of citizenship as profoundly personal and existential. In doing so, it sheds light on both a specific chapter of legal history and the theory of citizenship in general

The overarching purpose of this doctoral thesis is to determine if the system of legal mechanisms in European Community law governing what procedural rules national courts shall apply to Community rights can be reformed to better balance involved interests. European Community law is often applied and enforced by ordinary national courts that, as a general rule, supplement substantive Community rules with national procedural rules. While the Community rights that individuals can rely upon before national courts are the same in all Member States, the procedural rules that national courts apply to those Community rights can and often does differ between the Member States. While this order is often acceptable, Community law contains a number of exceptions from the general rule that it is the Member States that decide what procedural rules national courts shall apply to Community rights. Such exceptions are primarily motivated by the need to ensure the effectiveness of Community. In order to determine what interests should be taken into account when deciding what procedural rules national courts shall apply to Community rights and how a more balanced system could be constructed, the European legal system is herein compared to that of the United States. American State courts apply Federal law much like national European courts apply European Community law and, also similar to Community law, a system of legal mechanism governing what procedural rules State courts shall apply to Federal rights has developed. While U.S. law and European Community law are in this respect similar, the two are not identical. A comparison between the two reveals that the European approach improperly overlooks several interests that are central in the American approach. Most importantly, the European approach emphasizes and promotes the effectiveness of union law at the expense of upholding a proper division of power between union and states. American law also provides European Community law with practical advices regarding how a better balanced approach can be constructed and points to solutions that should be avoided.

Adoption law in the US traces its origin to early Roman law. Although Roman law provided for adoption, its singular purpose was to provide the adopter with an heir. European civil law carried on the Roman tradition providing that only persons over 21 could be adopted & only those over 50 could adopt. Late in the 19th cent, the US formalized its adoption law, basing its procedural aspects on Roman law, but originating the soc-conscience aspect of adoption which mandated that the adoption be in the best interests of the child. The cause of soc-conscience adoption was a PO which had been outraged by the processes of indenture & the binding out of children. Gradually, the states enacted legislation providing for judicial inquiry & soc investigation to ensure that the child's interests would be furthered as well as the interests of the adoptive & natural parents. Today, enlightened state & federal statutes, along with the assistance of private & public child-care agencies, have eliminated many of the gross abuses & uncertainties that were the companions of the adoptions of yesterday. HA.

"Social media has accelerated communication, expanded business horizons and connected millions of individuals. Social networking sites are used by scammers, criminals and sexual predators, and many people now self-diagnose illness. This book examines some of the legal and ethical issues surrounding social media, its impact on civil discourse and its role in suicides, murders and criminal enterprise"

The article deals with topical issues of interstate relations in the effective counteraction to economic crime during public procurement of goods, works, and services for the needs of government authorities. The article also reveals the criminal legal aspects of the formation and development of the criminal legislation of Russia on the inevitable responsibility of perpetrators for these criminally punishable acts.

El objeto de este estudio se centra en el análisis de los pormenores de las entidades de la Economía Social en España tras la entrada en vigor de la Ley 5/2011. No obstante, en primer lugar, se hace referencia a los antecedentes en la concreción de dichas entidades, con el objetivo de mostrar que no se trata de una labor sencilla. En segundo lugar, se lleva a cabo una primera aproximación a la regulación contemplada en la Ley 5/2011, de forma y manera que se sientan las bases que permiten comprender la estructura tenida en cuenta por el legislador a la hora de identificar las diez entidades que hasta la fecha pueden integrarse en la Economía Social. En concreto, se analiza desde una perspectiva de coherencia intranormativa el artículo 5, que más allá de mencionar expresamente las entidades consideradas de Economía social, establece también dos cláusulas abiertas a través de las cuales a futuro podrán incorporarse nuevas entidades. Finalmente, se profundiza en el estudio de cada una de las diez entidades identificadas, señalando sus principales rasgos característicos, que los acercan o alejan de la Economía Social. ; The main purpose of this research is to examine the essential aspects of the Social Economic Entities in Spain, following the coming into force of the 5/2011 Law. The study's initial approach needs to focus in the background of these entities, acknowledging that the task to be carried out is not an easy one. Work then follows with a review of the 5/2011 Law, in order to better understand the structure that was used by the legislator to identify the ten entities that up to now can be accommodated under the Social Economy umbrella. In particular, article 5, which not only mentions the Entities of Social Economy, but also contains two open clauses, which cater for new entities being included in the future. Finally, the different kinds of entities are studied in detail, reviewing their main aspects and focusing on what makes them be closer, or move away from the Social Economy.

In Graham v. Florida, the U.S. Supreme Court held that it is unconstitutional to sentence a non-homicide juvenile offender to life in prison without parole. While states need not guarantee release to these juvenile offenders, they cannot foreclose such an outcome at the sentencing phase. Scholars have identified several long-term ramifications of Graham, including its likely influence on juvenile sentencing practices and on retributive justice theory. As yet unexamined, though, are the important and thorny legal questions that Graham raises for state judges and lawmakers in the very short term. To whom does the Graham decision apply? What is the appropriate remedy for those inmates? What affirmative obligations does the Graham decision impose upon the states? This Article endeavors to answer these and other pressing questions that confront judges and legislators today. Part I briefly describes the Graham opinion and surveys what scholars to date have identified as salient aspects of the decision. Part II seeks to provide a blueprint for lower courts and legislatures implementing the Graham decision. Specifically, it argues that: (1) Graham is retroactively applicable to all inmates who received a life-without-parole sentence for a juvenile non-homicide crime; (2) those inmates entitled to relief under Graham require effective representation at their resentencing hearings; (3) judges presiding over resentencing hearings should err in favor of rehabilitation over retribution to comport with the spirit of Graham; and (4) long-term legislative and executive action are necessary in order to make Graham's promise a reality. Finally, Part III situates Graham in the context of our nation's ongoing criminal justice failings. While the sentence challenged in Graham ought to be viewed as a symptom of such failings, the Graham decision may offer a window of hope for reform on that same front.

Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context. Drawing from a wide range of legal systems this study seeks to uncover the underlying similarities and contrasts between the many different approaches taken to the problems of medical malpractice and compensation for medical injuries.

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an agreement within the structure of the World Trade Organization. First the necessarily-regulated self-governance focuses on calculating the appropriate balance between individual and government. Second, a digital free trade zone is the ultimate uniform rule for international trade over the Internet. In the end, the author suggests that solution to this international trade framework building on World Trade Organization's structure is a synthesis of all past ideas and suggestions which gel together into a new legal and policy package to be applied to new realms of human innovation. She concludes with that "the doctrine of free trade, however widely rejected in the world of politics, holds its own in the sphere of the intellect" and can serve to promote the most basic concepts of human existence through an international legal framework address e-commerce and trade.

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an agreement within the structure of the World Trade Organization. First the necessarily-regulated self-governance focuses on calculating the appropriate balance between individual and government. Second, a digital free trade zone is the ultimate uniform rule for international trade over the Internet. In the end, the author suggests that solution to this international trade framework building on World Trade Organization's structure is a synthesis of all past ideas and suggestions which gel together into a new legal and policy package to be applied to new realms of human innovation. She concludes with that "the doctrine of free trade, however widely rejected in the world of politics, holds its own in the sphere of the intellect" and can serve to promote the most basic concepts of human existence through an international legal framework address e-commerce and trade.