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Substantive law

Substantive Law

Substantive Law

... Substantive Law SMU Law Review Volume 32 Issue 1 Annual Survey of Texas Law Article 15 1978 Substantive Law Walter W Steele Jr Follow this and additional works at https //scholar smu edu/smulr This Ar[.] ...

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American Law Institute II  A Thoughtful Code of Substantive Law

American Law Institute II A Thoughtful Code of Substantive Law

... Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Co[r] ...

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Fear of Formalism: Indications from the Fascist Period in France and Germany of Judicial Methodology’s Impact on Substantive Law

Fear of Formalism: Indications from the Fascist Period in France and Germany of Judicial Methodology’s Impact on Substantive Law

... The fascist legal experience should not cause one to condemn unicity wholesale merely because it coincided with Nazi theory and practice. To do so would be a repet[r] ...

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Chapter 10: Conflict of Laws

Chapter 10: Conflict of Laws

... Tyson,8 held that the Rules of Decision ActO re- quires federal courts in diversity cases, when deciding nonfederal issues of substantive law, to follow state cou[r] ...

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Fakers and Floodgates

Fakers and Floodgates

... The Supreme Court did not support its claim that there are enough false discrimination claims to warrant changing the substantive law. The majority opinion in Nassar[r] ...

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Gatekeepers training hurdlers: the training and accreditation of lawyers in England and Wales

Gatekeepers training hurdlers: the training and accreditation of lawyers in England and Wales

... The Law Society recognizes a number of problems with this process. The larger, corporate commercial firms dominate the training contract as they are the best-resourced sector of the profession. It is widely ...

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Informers Defamation and Public Policy

Informers Defamation and Public Policy

... It is not altogether clear whether in this context these public policy consid- erations were employed as an integral component of the substantive law of defamation (and [r] ...

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The Fall of Barings: Lessons for Legal Oversight of Derivatives Transactions in the United States

The Fall of Barings: Lessons for Legal Oversight of Derivatives Transactions in the United States

... Although international derivatives often involve relatively sophisti- cated transactions, 1 8 2 two issues resolve their legality: first, whether the substantive law of [r] ...

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The Other State’s Interests

The Other State’s Interests

... Differences in substantive law mean that judges must occasionally apply rules which they did not help to create, for courts deciding multi- state cases sometimes apply [r] ...

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The Transformation of Corporate Criminal Law

The Transformation of Corporate Criminal Law

... The substantive law governing corporate criminal liability is derived from congressional enactments and Supreme Court pronouncements and has remained unchanged for more than a ...

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The Presumption of Innocence in Europe: Developments in Substantive Criminal Law

The Presumption of Innocence in Europe: Developments in Substantive Criminal Law

... case law of the European Court of Human Rights and of the European Court of Justice, highlighting some of its ambiguities and contradictions as regards the admission of “reasonable” waivers of the presumption of ...

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Prima Paint Pushed Compulsory Arbitration Under the Erie Train

Prima Paint Pushed Compulsory Arbitration Under the Erie Train

... and substantive law was that of ...California law in determining whether the arbitration provision was unconscionable, Nagrampa, 469 ...the substantive law should have been ...

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The effectiveness of non-substantive and substantive responses in the repair of employee trust in management

The effectiveness of non-substantive and substantive responses in the repair of employee trust in management

... of substantive trust repair responses ...a substantive response that validates the promise that management will not commit an untrustworthy act again (Bottom, Gibson, Daniels & Murnighan, ...in ...

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The Choice-of-Law Revolution in the United States: Notes on Rereading von Mehren

The Choice-of-Law Revolution in the United States: Notes on Rereading von Mehren

... In his innovative 1974 article, "Special Substantive Rules for Multistate Problems: Their Role and Significance in Contemporary Choice of Law Methodology, '2 9 von[r] ...

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China's Bilateral Investment Treaties with African States in Comparative Context

China's Bilateral Investment Treaties with African States in Comparative Context

... the law of the Contracting Party to the dispute including its rules on the conflict of laws the provisions of this Agreement as well as the universally accepted principles of international ...

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The Dutch Penal Code Under Review

The Dutch Penal Code Under Review

... criminal law (see article ...of substantive criminal law (Titles I, III, IIIa, IV, V, VII and VIII), criminal sanctions (punishments and measures) (Titles II and IIA), juvenile criminal law ...

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The Juncker Commission: A New Start for EU Justice and Home Affairs Policy? CEPS Essay No  15, 18 September 2014

The Juncker Commission: A New Start for EU Justice and Home Affairs Policy? CEPS Essay No 15, 18 September 2014

... A key challenge for the next European Commission will be to ascertain ways to rebuild trust in security cooperation with third countries and amongst its member states, and better ensure democratic rule of law and ...

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The United States and West German Welfare Systems: A Comparitive Analysis

The United States and West German Welfare Systems: A Comparitive Analysis

... The Carter reform proposal would have further formalized substantive rights under U.S. law, thereby widening this difference between the two systems. Yet federalization of we[r] ...

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China: Rule-taker or Rule-maker in the International Intellectual Property System?

China: Rule-taker or Rule-maker in the International Intellectual Property System?

... IP law scholars, while familiar with the legal aspect of intellectual property, have not sufficiently studied the power contestation behind the ...of law” as some IP law scholars have perceived (Du ...

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Avoiding Adversarial Adjudication

Avoiding Adversarial Adjudication

... Part IV then turns to this Article’s central prescriptive claims. Courts should apply a single, uniform standard whenever litigants deliberately or inadvertently seek to avoid adversarial adjudication of a case or ...

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