The Rules of Law
The Role of Rules in Law and Morality
... The Role of Rules in Law and Morality SMU Law Review Volume 23 | Issue 3 Article 2 1969 The Role of Rules in Law and Morality Frederick S Carney Follow this and additional works at https //scholar smu[.] ...
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There Are No Penalty Default Rules in Contract Law
... common law courts have been remarkably passive about solving contract ...tort rules like the fraud doctrine prevent the most obvious kind of externalizing ...mandatory rules are paternalistic or ...
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The Rule of Law Is Dead, Long Live the Rule: An Essay on Legal Rules, Equitable Standards, and the Debate over Judicial Discretion
... The Rule of Law Is Dead, Long Live the Rule An Essay on Legal Rules, Equitable Standards, and the Debate over Judicial Discretion SMU Law Review Volume 50 | Issue 5 Article 12 1997 The Rule of Law Is[.] ...
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The Identification of Customary Rules in International Criminal Law
... This paper concludes that a different method departing from the two-element approach has not emerged in the identification of customary rules in international criminal law. For the observed peculiarities ...
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Abstract The law of evidence comprises the rules and legal
... common law principles of evidence are commonly expounded on the footing that they are dominated by rules of exclusion of ...common law of evidence to explain, justify and defend because it clearly ...
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Sticky Defaults and Altering Rules in Corporate Law
... Sticky Defaults and Altering Rules in Corporate Law SMU Law Review Volume 60 | Issue 2 Article 4 2007 Sticky Defaults and Altering Rules in Corporate Law Brett H McDonnell Follow this and additional w[.] ...
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Panel Effects in Administrative Law: A Study of Rules, Standards, and Judicial Whistleblowing
... of law—rules versus standards—into sharp focus and reintroduces important legal factors, nearly extinct in studies of panel effects, back into their natural habitat of judicial ...
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Conflicts between choice of law rules and recognition of judgments rules in private international law with particular reference to cases involving determination of status
... The second part of his explanation might however provide a sound policy base for the differential approach in section 7, which could then be justified as follows. In cases where there is no prior connection between the ...
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Penalty Default Rules in Insurance Law
... By scrutinizing the candidate, this Article makes two contributions. To the study of con- tractual gaps, it proves there is at least one penalty default rule in the world, but one that does not operate in either of the ...
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Conflict Rules on Contractual Obligations in Romanian Private International Law
... the law applicable to the contract, this can be done through the insertion of a clause in the contract which will refer to the law applicable to that particular ...the law applicable to the contract, ...
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The Federal Rules of Evidence and Florida Evidence Law Compared
... The Federal Rule, however, has no provision allowing the party disputing a noticed fact in a criminal proceeding the opportunity to rebut before the jury. Among the[r] ...
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Montana Securities Law - Its Rules and Regulations
... Applications by broker-dealers, salesmen, and investment advisers shall not be deemed filed with the Investment Department, within the meaning of the Securities Act [r] ...
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Anna Piszcz, Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law
... competition law which do not affect trade between Member States within the meaning of Article 101 or 102 TFEU (last sentence of Recital 10 of the ...national rules governing actions for damages will be ...
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Interspousal Claims at the Crossroads of Tort Law and Family Law: The Delicate Balance between Family and Individual
... tort law, whereas according to a different opinion it should be treated as a case in which there is exceptional ground for the relevance of punitive damages (which are not generally acknowledged in Italian ...
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Tihamér Tóth, The Interaction of Public and Private Enforcement of Competition Law Before and After the EU Directive – a Hungarian Perspective
... the rules introduced in 2005 and 2009, the next part of the paper is devoted to summarizing the practice of national civil law courts applying competition ...competition rules, it will be concluded ...
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Krystyna Kowalik-Bańczyk, Ways of Harmonising Polish Competition Law with the Competition Law of the EU
... competition law as well as in its ongoing reform process. As far as current rules are concerned, examples of clear convergence with Regulation 1/2003 can be said to cover: 1) the abolition of a notification ...
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Orbital Debris: Out of Space
... Customary law is not a feasible solution to the orbital debris problem. Customary law “consist[s] of customs that are accepted as legal requirements or obligatory rules of conduct.” 213[r] ...
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How Did They Become Law?: A Jurisprudential Inquiry about the Outcome Principles of Historic United Nations Environmental Conferences
... domestic rules of the respective states does not ...of rules when they are not in contravention with relevant domestic ...municipal rules is not a necessary or sufficient condition for the ...
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Whose Mare? Rule of law challenges in the field of European border surveillance in the Mediterranean CEPS Liberty and Security in Europe No 79/January 2015
... of law challenges and authority struggles are intertwined in this ...of law frameworks covering this ...these rules under the sole condition that this new EU rule of law framework would not ...
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The Allocation of Limited Rights by the Administration: Developing a General Legal Theory by Comparison
... With regard to the fi rst dimension of comparison, it is useful to distinguish between limited rights with regard to their ‘degree of Europeanisation’, i.e. the extent to which the allocation of these rights is subject ...
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