Suchergebnisse

Michael Lobban shows how dissatisfaction with the law-equity split in English civil justice predated the Judicature Act reforms by two generations at least (one could argue two-and-a half centuries or more—periodization fails quickly). Lobban links the first modern debates over fusion to high legal politics on the one hand and to the more intricate internal problems of evidence, procedure, and jurisdiction on the other. Lawyers of the earlier Victorian age found the Chancery system bequeathed to them by Lord Eldon to be intolerable on two counts: it represented Old Corruption or monopolistic private control of public offices and it exacted heavy costs in procedural inconvenience, cost, and delay. Lobban does not see ideology such as Benthamite philosophy driving the rationalization of Chancery doctrine and institutions though he does not dismiss this factor entirely.

The paper was submitted to the conference on company law reform at the University of Cambridge, July 4th, 2002. Since the introduction of corporation laws in the individual German states during the first half of the 19th century, Germany has repeatedly amended and reformed its company law. Such reforms and amendments were prompted in part by stock exchange fraud and the collapse of large corporations, but also by a routine adjustment of law to changing commercial and societal conditions. During the last ten years, a series of significant changes to German company law led one commentator to speak from a "company law in permanent reform". Two years ago, the German Federal Chancellor established a Regierungskommission Corporate Governance ("Government Commission on Corporate Governance") and instructed it to examine the German Corporate Governance system and German company law as a whole, and formulate recommendations for reform.

It is now generally acknowledged that during the course of the last decade the provincial law reform agencies' have emerged as a dominant force in the law reform movement in Canada. The author believes that an analysis of the reports published by these agencies, and the provincial legislation enacted in response to them discloses, however, that to a large extent the imporovements in provincial law that have been gained have come at the expense of uniformity of law among the provinces. This erosion of uniformity under the impact of the benign efforts of the provincial law reform agencies is the subject of this article. Several questions are addressed. Is this trend in the direction of diversity harmful? Why has the work of the agencies generated diversity rather than uniformity? What can be done to reverse the movement?

The term "law reform" has a positive connotation. It indicates that those engaged in the process are at least optimistic to the extent that law can indeed be reformed and not merely changed. A variety of legislative shapes and administrative forms of law reform agencies has been created in this country over the last ten years. The objectives of law reform have been widely discussed in law review articles and in the daily press. There emerges a sense that reforming the law by way of a permanent law reform commission is a viable endeavour. Yet there is some difference of opinion about the approach to be taken and the objectives to be achieved. The words "law reform" have different meanings depending upon one's point of view. An attempt is made here to illustrate three points of view, each having important ramifications in terms of the work undertaken and the goals achieved. Three simplistic hypothetical models are put forward in order to highlight, in a broad way, different meanings attributed to the term "law reform". In addition, the activities of the Law Reform Commission of Saskatchewan will be outlined.

The term "law reform" has a positive connotation. It indicates that those engaged in the process are at least optimistic to the extent that law can indeed be reformed and not merely changed. A variety of legislative shapes and administrative forms of law reform agencies has been created in this country over the last ten years. The objectives of law reform have been widely discussed in law review articles and in the daily press. There emerges a sense that reforming the law by way of a permanent law reform commission is a viable endeavour. Yet there is some difference of opinion about the approach to be taken and the objectives to be achieved. The words "law reform" have different meanings depending upon one's point of view. An attempt is made here to illustrate three points of view, each having important ramifications in terms of the work undertaken and the goals achieved. Three simplistic hypothetical models are put forward in order to highlight, in a broad way, different meanings attributed to the term "law reform". In addition, the activities of the Law Reform Commission of Saskatchewan will be outlined.

The current study examines the evolution of bankruptcy reforms in India through time, as well as the effectiveness of these changes since they were first implemented in the country. There is an attempt to address the current state of cross-border bankruptcy legislation and process in India, as well as how it affects foreign creditors who invest in Indian firms. To make it more applicable to current circumstances, all of this is extended with the use of a hypothetical scenario, which also serves to demonstrate the cumulative impact of past and currently in effect legislation.

The current study examines the evolution of bankruptcy reforms in India through time, as well as the effectiveness of these changes since they were first implemented in the country. There is an attempt to address the current state of cross-border bankruptcy legislation and process in India, as well as how it affects foreign creditors who invest in Indian firms. To make it more applicable to current circumstances, all of this is extended with the use of a hypothetical scenario, which also serves to demonstrate the cumulative impact of past and currently in effect legislation.

The current study examines the evolution of bankruptcy reforms in India through time, as well as the effectiveness of these changes since they were first implemented in the country. There is an attempt to address the current state of cross-border bankruptcy legislation and process in India, as well as how it affects foreign creditors who invest in Indian firms. To make it more applicable to current circumstances, all of this is extended with the use of a hypothetical scenario, which also serves to demonstrate the cumulative impact of past and currently in effect legislation.

"Commission . appointed . to make an investigation of the subject of workmen's compensation" [etc.] ; At head of title: In the Legislature of the state of Alabama. Regular session, 1919 ; Mode of access: Internet.

Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue that irrevocable answers are inherent in any legal system. Both civil and common law systems, so the argument would go, have their chosen instruments of change, and the nature of those instruments substantially determines the rate and extent of progress. If we accept a system, we must accept the way in which, and the extent to which, it responds to alleged needs for reform of its law.

Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue that irrevocable answers are inherent in any legal system. Both civil and common law systems, so the argument would go, have their chosen instruments of change, and the nature of those instruments substantially determines the rate and extent of progress. If we accept a system, we must accept the way in which, and the extent to which, it responds to alleged needs for reform of its law.

This paper focused on law reform in Indonesia post-Soeharto period. It analyses whether the promotion of justice has been conducted. It aims to analyse whether the law reform during the reign of B.J. Habibie impeded on the promotion of justice. This paper takes the position that the promotion of justice was absent during Soeharto's presidency, and through an analysis of five law reforms introduced after his downfall - No. 2 of 1999 on Political Parties, No. 3 of 1999 on General Elections, No. 28 of 1999 on Corruption, Collusion and Nepotism, No. 31 of 1999 on the Eradication of Corruption and No. 39 of 1999 on Human Rights. It is argued that that the laws introduced during the Post-Soeharto era did not see to the complete promotion of justice.

Contents: I. The context of law reform in Canada II. The law reform movement in Canada 1. The pre-modern concept of law reform 2. Modern law reform 3. Post-modern law reform III. Conclusion

In this article, we examine the phenomenon of cyberflashing, outlining its prevalence, harms, and victim-survivors' experiences. We then consider the extent to which English criminal law currently applies to this form of sexual abuse. We argue that although cyberflashing can be prosecuted in England and Wales, this is only in very limited circumstances; the existing law is confusing, piecemeal, has significant omissions, and consequently prosecutions are extremely unlikely. As such, the current criminal law in England and Wales is failing victim-survivors of cyberflashing. Due to its prevalence, its harmful impacts and similarities with other criminalised forms of sexual violence, comprehensive law reform, which appropriately addresses cyberflashing as a sexual offence, is now critical. Accordingly, we examine legislation in other jurisdictions where criminal laws targeting cyberflashing have been adopted, and provide recommendations for law reform: specifically, we recommend the development of a new criminal offence that purposely targets cyberflashing in all its forms.

Change and improvement cannot be effected without legislation. Legislation will be much improved if it has a law reform background or input which brings with it a high level of thoroughness. Without this, some laws may begin to manifest defects and become liable to amendment soon after coming into force.