Suchergebnisse

Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance are over-simplified and misrepresented, the state's reaction to such terrorism escapes criticism, except in the most obvious instances.

This study proposed, first, to carry out, based on archive documents, an incursion as regards matrimonial relationships of XVIIIth century with all legal, economic and social connotations involved. The marriage contracts studied fall into a typology more closely of what was happening in the same period in Western Europe than in South Eastern Europe. This is because such acts have emerged within the former county of Arad in the first half of the century after the establishment of Habsburg domination and after the German colonists were brought into the area.
Besides the juridical problems regarding the contractual liabilities of the spouses, the status of the children, some problems related to wealth and dowry, I tried to mark out some aspects regarding the everyday life of Arad's inhabitants in the XVIIIth century.

Federal law-enforcement agents use informants to help guide investigations. Immigrants sometimes possess valuable information about organized crime connected with their home countries. To persuade an immigrant to divulge such information, federal agents and prosecutors often promise to reward cooperation with permission to stay in the United States. Non-deportation is a persuasive enticement to an informant who might otherwise be unwilling to help; criminal groups would likely harm a known informant returning home. After deciding to cooperate, many immigrants are placed in deportation proceedings notwithstanding their deals. This Comment discusses the persistent legal conundrum faced by immigrant informants after the U.S. government refuses to honor a non-deportation contract. It begins with a review of two forms of deportation relief commonly pursued by immigrant informants: withholding of removal under the Convention Against Torture or an injunction against deportation under substantive due process. For reasons specific to each, both approaches frequently fail. The agency theory of ratification may provide an alternative mechanism for enforcing some non-deportation agreements. Ratification applies to contracts with the U.S. government and has been used by plaintiffs in similar contexts. This Comment argues that extending ratification to immigrant-informant claims comports with the legal framework and broader purpose underlying the doctrine.

Summary
The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently that is in the latest Lisbon edition of 2007. It is underlined that the infringement by an EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.

The rule of law may be the most significant and influential accomplishment of Western political thought. Nowhere expressed yet evident throughout, the United States Constitution depends on this core concept, the first principle on which the American legal and political system was built.Made up of the various structural concepts embodied in the Constitution of the United States, constitutionalism comprises one of our most important first principles. The rule of law and constitutionalism are important concepts not because they are old, or unique, or exclusively ours for that matter, but because all together they form the architecture of freedom.In this monograph, noted professor of constitutional history at the University of Maryland Herman Belz tells the story of the development of these principles and explains how they were established in the United States.

A MISCARRIAGE OF JUSTICE -- Contents -- Illustrations -- Acknowledgments -- Currency, Spelling, and Translation -- Introduction -- 1. The Law of Responsibility, the Medicine of Gender, the Science of Race -- 2. Constructing Motherhood -- 3. Birthing Life and Death -- 4. A "Plague of Criminal Abortions" Fertility Control and the Consolidation of Medical Authority -- 5. Ouviu Dizer (Heard Said) -- 6. Policing Pregnancy -- 7. Prosecuting Honor, Defending Madness -- Conclusion -- Notes on Sources -- Appendix A: Reproductive-Related Police Investigations by Archive and Criminal Court (Pretoria or Vara), City of Rio de Janeiro -- Appendix B: Reproductive-Related Court Cases by Archive and Criminal Court (Pretoria or Vara), City of Rio de Janeiro -- Appendix C: Reproductive-Related Police Investigations and Court Cases by Archive and Vara (State of Rio de Janeiro and Supreme Court) -- Appendix D: Reproductive-Related Police Investigations and Court Cases by Archive and Vara (1830 Criminal Code) -- Appendix E: Midwives -- Appendix F: Women in Infanticide, Child Abandonment, and Abortion Trials -- Notes -- Bibliography -- Index

This dissertation stages an unprecedented dialogue between the maritime, the literary, and the legal within the context of the English Renaissance. It positions the ocean as an essentially legal space and argues that law mediates all human-ocean interactions. Additionally, it contends that an understanding of legal conceptions of the sea is essential to developing a cultural awareness of maritime space. Therefore, my project resituates early modern literary engagements with the ocean within a complex body of legal and political discourses and argues that in an island nation such as England, knowledge of the sea was widespread. Consequently, the ubiquitous maritime references in the period's literature were founded on real legal knowledge that literary scholars can consider in their readings of these texts. Through its synthesis of canonical literary works such as Edmund Spenser's The Faerie Queene (1590, 1596) and Michael Drayton's Poly-Olbion (1612, 1622) and legal texts such as William Welwood's An Abridgement of all Sea-Lawes (1613), Alberico Gentili's Hispanicae advocationis libri duo (1613), and John Selden's Mare clausum (1635), this dissertation offers four case studies that illuminate the rich possibilities when maritime law inhabits the same scholarly space as English Renaissance literature.