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Many librarians, lawyers, and law students express interest in becoming foreign, comparative, and international law (FCIL) librarians. This paper answers common questions about the job duties, salaries, qualifications, satisfactio...
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Many librarians, lawyers, and law students express interest in becoming foreign, comparative, and international law (FCIL) librarians. This paper answers common questions about the job duties, salaries, qualifications, satisfactions, and frustrations of FCIL librarians.
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The distinction between public law and private law matters both in the constitutional dogmatic and constitutional procedural, in so far as the guarantees instituted are sufficiently activated to protect their timely exercise. Thus...
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The distinction between public law and private law matters both in the constitutional dogmatic and constitutional procedural, in so far as the guarantees instituted are sufficiently activated to protect their timely exercise. Thus, the true homogenization of criteria as to their applicability is important, with the purpose of interpreting rights and guarantees effectively. To this end, we assess certain rulings that scrutinise understanding of property rights, family law and personal rights in judgments issued by the Constitutional Court in the processes of extraordinary protection action. We also discusssome references from the National Court of Justice in this regard. In this way, we focus on the interpretation made of the constitutional legislation on private law and its correlation with fundamental rights. We carry out a descriptive study, using theoretical methods such as: exegetical analysis, comparative legal analysis and historical legal analysis. These methods were accompanied by the corresponding bibliographic review techniques.
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This study juxtaposes copyright law in the European Union (EU), the United States (US) and the People's Republic of China (China). After mapping major differences and similarities in copyright law between the three jurisdictions, ...
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This study juxtaposes copyright law in the European Union (EU), the United States (US) and the People's Republic of China (China). After mapping major differences and similarities in copyright law between the three jurisdictions, possible reasons will be explored for the divergence and convergence detected. Findings indicate that many of the similarities as well as differences in copyright law can be attributed to international harmonization and, more specifically, to the Berne Convention. Convergence, both through congruence and pressure, and economic concerns explain why China's copyright law has become strikingly similar in recent decades to copyright law in the EU and the US, despite vast historical and cultural differences. The differences are due, inter alia, to the underlying theoretical differences in copyright doctrine and different underlying aims of copyright protection, resulting in differing stances on the role and existence of moral rights. The divide between common law and civil law with regard to the role of statutory law and case law, respectively, is also relevant. Surprisingly, although China leans more towards the civil-law end of the continuum between civil law and common law, the underlying rationale for copyright and the role of precedent show some traits central to a common-law country, bringing China in those respects closer to the US than to the EU. However, like most EU Member States, but unlike the US, China recognizes the existence of moral rights, as required by the Berne Convention.
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In this article David Ibbetson takes a perspective from the ancient world. A number of texts of Roman law are concerned with injuries arising in the course of athletics. They are particularly concerned with blameworthy killings, a...
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In this article David Ibbetson takes a perspective from the ancient world. A number of texts of Roman law are concerned with injuries arising in the course of athletics. They are particularly concerned with blameworthy killings, and constitute some of the most fundamental texts at the historical base of modern negligence liability. Behind them there may lie questions discussed by Greek orators, where they were fitted into a rather different framework from that of the Romans.
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Abstract In many modern nation states, both rich and poor, traditional law to this day plays an important role. Given the almost universal prevalence of traditional law, it is surprising how little we know about it. This is the fi...
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Abstract In many modern nation states, both rich and poor, traditional law to this day plays an important role. Given the almost universal prevalence of traditional law, it is surprising how little we know about it. This is the first study that tries to take stock of traditional law from a cross-country perspective. We are also interested in the compatibility of traditional law with state-enforced law and, in particular, with the basic traits of the rule of law. Based on a sample of up to 134 countries, we find that no ‘typical’ traditional law exists, but that traditional law varies in many dimensions such as its timely enforcement, its impartiality, and its protection of basic human rights. Societies that rely extensively on traditional law score low regarding both the rule of law and per capita income. Historical and geographical factors are important predictors of the contemporaneous reliance on traditional law. State antiquity, for example, reduces the prevalence of traditional law, as does a high share of descendants from European populations.
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In recent years, the study of animal law has grown exceptionally in the U. S., along with an increased recognition and interest in this burgeoning field. A growing eagerness among students to study animal law, as well as strong ac...
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In recent years, the study of animal law has grown exceptionally in the U. S., along with an increased recognition and interest in this burgeoning field. A growing eagerness among students to study animal law, as well as strong academic and financialsupport are all important contributors to successful animal law programs. This article explores the development of animal law scholarship in U. S. law schools and provides an overview of the types of courses offered as well as various academic, professional, and financial resources available to the next generation of animal law practitioners.
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The broad and multifaceted problem of global health law and global health governance has been attracting increasing attention in the last few decades. The global community has failed to establish international legal regime that de...
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The broad and multifaceted problem of global health law and global health governance has been attracting increasing attention in the last few decades. The global community has failed to establish international legal regime that deals comprehensively with the 'technological revolution'. The latter has posed complex questions to regions of the world with widely differing cultural perspectives. At the same time, an increasing number of governmental and non-state actors have become significantly involved in the sector. They use legal, political, and other forms of decision-making that result in regulatory instruments of contrasting normative status. Law created in this heterogeneous environment has been said to be fragmented, inconsistent, and exacerbating uncertainties. Therefore, claims have been made that a centralised and institutionalised system would help address the problems of transparency, legitimacy and efficiency. Nevertheless, little scholarly consideration is paid to the normative status of international biomedical law. This paper explores whether formalisa-tion and "constitutionalisation" of biomedical law are indeed inevitable for its establishment as a separate regulatory regime. It does so by analysing the proliferation of biomedical law in light of two the theory of fragmentation and the theory of global legal pluralism. Investigating the problem in this way helps determine the theoretical framework and methodology of future studies of biomedical law at the international level. This in turn should help its future development in a more consistent and harmonised manner.
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The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transaction...
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The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective.
In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and law-making mechanisms; examine the history of custom as a source of law in various contexts and identify potential sources of Internet Law in particular the suitability of customary international law rules as a template for formulating customary Internet law-making rules. In Part 2,1 will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.
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This article explores the concept of consideration in contract law from a comparative perspective, looking at how English law and German law distinguish bargains from gifts. Contrary to the orthodoxy that consideration is unique t...
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This article explores the concept of consideration in contract law from a comparative perspective, looking at how English law and German law distinguish bargains from gifts. Contrary to the orthodoxy that consideration is unique to Common Law and absent from Civil Law, the bidirectional analysis in this article shows how English law and German law can be understood to fulfil a comparable function and can thus inform and benefit each other. The sophisticated English doctrine can be used to refine the rather imprecise German definition of gifts, whilst the understanding of English authorities can profit from reflecting inversely on the criterion of gratuitousness in German law.
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The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactio...
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The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.
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