Suchergebnisse

Résumé En 1934, après l'élection de Roosevelt, qui veut, grâce au New Deal, remédier aux effets de la Grande Dépression, J. R. Commons publie Institutional Economics, Its Place in Political Economy . Roosevelt fait voter par le Congrès des lois qui permettent l'intervention directe du gouvernement dans les affaires économiques. Commons propose de mettre fin aux conflits et aux excès du capitalisme en faisant intervenir le pouvoir judiciaire, et, in fine, la Cour Suprême des États-Unis. Pour cela il attribue à celle-ci la Souveraineté dite judiciaire, alors que la Souveraineté, selon la Constitution fédérale de 1787, appartient au peuple américain. Les jugements de ces cours devraient établir un capitalisme raisonnable. En analysant différents arrêts des Cours de justice, il apparaît surtout que les jugements reflètent les opinions courantes de la société (ainsi lorsqu'ils instaurent la discrimination raciale et sexiste) et que, par le biais du recours aux Précédents, ils persistent à défendre des valeurs devenues obsolètes. Ainsi lorsque la Cour invalide les lois du New Deal en défendant la liberté économique, alors que la société américaine a élu et réélu Roosevelt, qui est un, partisan de l'interventionnisme. Commons explique le fonctionnement de la Common Law aux États-Unis, à travers l'usage qu'en font les juristes qui élaborent une jurisprudence adaptée aux nouveaux États. L'auteur donne à cette occasion une vision juste de la "Common Law Method of Making Law by Deciding Disputes".

In The Oxford Introductions to U.S. Law: Constitutional Law, Professors Michael C. Dorf and Trevor W. Morrison discuss the relationships between the branches of federal government, between the federal and state governments, and between the government and the individual. They describe American constitutional law as a mechanism for allocating decision-making authority - that is, for deciding who decides. They also discuss the extent to which judges and Justices may substitute their own constitutional judgment for that of elected officials.

ABSTRACTLarge law firms exert a disproportionate influence over the structure and practice of the legal profession. The spatial structure of these corporations, including the distribution of headquarters and branch offices and their interlinkages, is poorly understood. This paper explores the geography of domestic employment among the largest U. S. 500 law firms using linkage analysis. It highlights the concentration of such firms in large cities and the particular importance of New York and Washington, D. C. In the international arena, U. S. law firms are highly influential. The paper examines the spatial distribution of overseas employment by large U. S. law firms and utilizes input‐output analysis to explore the domestic employment impacts of foreign legal services exports.

Commonly law is seen as an alternative to violence, although it relies on violence or its threat for enforcement. Through a study of Israel's campaign to transform international humanitarian law (IHL) by systematically violating it, this essay considers the possibility that violence precedes and even creates law. Israel has a long history of ad hoc "legal entrepreneurialism," but its current effort, launched during the second intifada, is institutionalized, persistent, and internally coherent. The essay reviews the specific legal innovations Israel has sought to establish, all of which expand the scope of "legitimate" violence and its targets, contrary to IHL's fundamental purposes of limiting violence and protecting non-combatants from it.

FrontMatter -- Preface -- Contents -- Executive Summary -- 1 Introduction -- 2 Criminal Justice Research on Police -- 3 The Nature of Policing in the United States -- 4 Explaining Police Behavior: People and Situations -- 5 Explaining Police Behavior: Organizations and Context -- 6 The Effectiveness of Police Activities in Reducing Crime, Disorder, and Fear -- 7 Lawful Policing -- 8 Police Fairness: Legitimacy as the Consent of the Public -- 9 The Future of Policing Research -- References -- Appendix: Biographical Sketches -- Index.

An introduction to the European Union -- Institutions of the European Union -- Sources of European Union law (including general principles of law and fundamental rights) -- Competences and supremacy of the Union -- Judicial methodology and preliminary rulings of the Court of Justice -- Review of the legality of Union acts -- Infringement proceedings against member states -- Direct effect, indirect effect and state liability -- European Union citizenship and free movement rights -- Free movement of workers -- Freedom of establishment and the free movement of services -- Free movement of goods.

Greece is member of the EU since 1.1.1981. The accession of Greece to the European Community was signed and ratified by the Greek Parliament in 1979 with a majority of 193 votes out of 300. Article 28 of the Constitution of 1975 provided the legal basis of the incorporation of Community law into the Greek legal order. According to article 28 competencies provided by the constitution can be vested in agencies of international organizations by treaties or agreements, when this serves an important national interest and promotes co-operation with other states. European Community law has pervasive effects upon the Greek legal order and the regulations have direct applicability and effect in Greece.When required, domestic law is adapted to the provisions of Community law. In addition, Greek law belongs to the civil law tradition. The era of modern Greek law began with the National Revolution of 1821 against the Turks, which led to the creation of the Greek State in 1830. The most important codifications in Greek law are the following: Civil Code, Commercial Code, Penal Code, Code of Civil Procedure, Code of Criminal Procedure, Code of Private Maritime Law and Military Penal Code. The Greek Civil Code of 1946 was greatly influenced by Byzantine law, which was applied in Greece before the drafting of the Civil Code. The Civil Code is founded on the principles of personal autonomy, private property and freedom of contract. It also protects the institution of family, with equality between the sexes, being constitutionally proclaimed. It contains, however, general clauses, leaving space for judicial adaptation to changing circumstances aswell as for the introduction of elements of fairness . Main objective of this paper is to analyze Greece's Obligations law in a comparative view with the European law. DOI:10.5901/mjss.2014.v5n20p127

The EU measures to introduce the internal market came into force on December 31st, 1992. The Council of the European Community produced a Directive, which describes harmonization of rules issued by the Member Countries concerning machines. The European Union is an important economic partner of Hungary. We analyzed the situation concerning machines before the Hungarian connection to European Community.

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance, as compelling evidence of the state of the law referenced by the Seventh Amendment.

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance, as compelling evidence of the state of the law referenced by the Seventh Amendment.