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- 1From:PLoS ONE (Vol. 17, Issue 9) Peer-ReviewedThe Civil Code of the People's Republic of China, known as the "Encyclopedia of social life", has come into effect since January 1, 2021. It is the first law named after the "Code" and occupies a fundamental position in...
- 2From:Canadian Journal of Law and Jurisprudence (Vol. 35, Issue 2) Peer-ReviewedThis paper explores Peter Jaffey's views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both...
- 3From:Public Contract Law Journal (Vol. 51, Issue 4)Just as the law is increasingly recognized as an important instrument of national power, this article argues that government contracts law should also be recognized as such an instrument. Broadly construed, acquisition...
- 4From:North Carolina Law Review (Vol. 100, Issue 4) Peer-ReviewedThe doctrine of capacity is a fundamental threshold to private law. The law only recognizes private decision-making--from buying or bequeathing property and entering into employment contracts to getting married or...
- 5From:Case Western Reserve Law Review (Vol. 72, Issue 2) Peer-ReviewedINTRODUCTION Peter Gerhart was an intellectual hedgehog. In three books on tort law, (1) property law, (2) and contract law, (3) he successfully accounted for much of private law through the lens of a simple but...
- 6From:Review of Constitutional Studies (Vol. 26, Issue 1)Applications for interlocutory stays of legislation in Charter challenges raise difficult issues about the limits of judicial power in a democratic society. Accordingly, the interlocutory injunction analysis in Charter...
- 7From:Victoria University of Wellington Law Review (Vol. 52, Issue 4) Peer-ReviewedFamily violence is increasingly recognised as a serious social problem. That awareness has led to much legislation being passed to address the problem. The legislation has evolved from distinct civil and criminal roots...
- 8From:The Indonesian Journal of International & Comparative Law: Socio-Political Perspectives (Vol. 8, Issue 4) Peer-ReviewedIt is one of the tritest things to say that Indonesia is living in an age of ever-present precarious geopolitics. One of the reasons is the increasing antagonism between the United States and its allies representing the...
- 9From:Novos Estudos Jurídicos (Vol. 26, Issue 3) Peer-ReviewedThis article analyses the recent developments of one of the most complex institutes in Italy: that of non-pecuniary damage. On 11th November 2008, four historic sentences of the Italian "Corte di Cassazione" (at United...
- 10From:Novos Estudos Jurídicos (Vol. 26, Issue 3) Peer-ReviewedThis article aims to research the development of governance in national health surveillance until the creation of ANVISA. Its competence will be analyzed within the scope of its decision-making autonomy and the executive...
- 11From:Melbourne University Law Review (Vol. 45, Issue 1) Peer-ReviewedThis article examines the normative weight of 'certainty' as a legitimate end in private law theory and adjudication. Claims of uncertainty tend to neglect or ignore a simple proposition: namely, that the same criticism...
- 12From:GP Solo (Vol. 38, Issue 4)In the fall of 2018, then Arizona Supreme Court Chief Justice Scott Bales asked me to chair a task force to examine the delivery of legal services in Arizona and suggest ways to increase access to civil justice. I...
- 13From:Novos Estudos Jurídicos (Vol. 26, Issue 2) Peer-ReviewedThe text addresses the possible incidence of attorneys' fees borne by the defeated party within the scope of provisional guardianship, as regulated by the new Code of Civil Procedure. It argues that in certain cases, the...
- 14From:Vanderbilt Journal of Transnational Law (Vol. 54, Issue 3)The importance and significance of comparative sources to the development of Israeli jurisprudence is expressed in local legislation and rulings. The impact of foreign law on the development of Israeli law has been...
- 15From:Journal of International Women's Studies (Vol. 22, Issue 4) Peer-ReviewedSexual harassment infringes the fundamental human rights of women. It restricts the most important segment of society from demonstrating their full potential and their right to work and attain equal opportunity. The...
- 16From:Canadian Journal of Law and Jurisprudence (Vol. 34, Issue 1) Peer-Reviewed(1.) Introduction What is the best explanation of private law? For many of us familiar, never mind exasperated, with the state of the current theoretical debates, any answer that is not some variation on, or...
- 17From:Canadian Journal of Law and Jurisprudence (Vol. 33, Issue 2) Peer-ReviewedThe critique of bourgeois jurisprudence ... must, above all, venture into enemy territory. It should not throw aside the generalisations and abstractions elaborated by bourgeois jurists, whose starting point was the...
- 18From:Washington University Law Review (Vol. 97, Issue 6)ABSTRACT Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives, which are best achieved and...
- 19From:Novos Estudos Jurídicos (Vol. 25, Issue 2) Peer-ReviewedThis paper analyzes the premises and the scenario of procedural flexibility in Brazilian procedural law, especially considering the impacts of the Civil Procedure Code of 2015 on the sphere of criminal procedure. This is...
- 20From:Law and Contemporary Problems (Vol. 83, Issue 1) Peer-ReviewedI INTRODUCTION Last year, Ben Bernanke published a blockbuster paper whose importance to the emerging field of law and macroeconomics would be hard to overstate. Titled The Real Effects of Disrupted Credit: Evidence...