Third-Party Bankruptcy Releases: An Analysis of Consent Through the Lenses of Due Process and Contract Law [PDF]
, 2019 Bankruptcy courts disagree on the use of third-party releases in Chapter 11 bankruptcy plans, the different factors that circuit courts consider when deciding whether to approve a third-party release, and the impact of the various consent definitions on ...
Coco, Dorothy
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Custom in Our Courts: Reconciling Theory with Reality in the Debate about Erie Railroad and Customary International Law [PDF]
, 2017 One of the most heated debates of the last two decades in U.S. legal academia focuses on customary international law’s domestic status after Erie Railroad v. Tompkins. At one end, champions of the “modern position” support customary international law’s (“
Gulati, Mitu, Gutierrez, Nikki C.
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The limits of the constitutional court control over the judicial authority: Some open questions [PDF]
Zbornik Radova Pravnog Fakulteta u Nišu, 2019 In most states that have a centralized system of constitutional control, there is tension in the relations between the Constitutional Court and ordinary courts. The fundamental question raised in this regard is weather the Constitutional Court, acting on
Rajić Nataša
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Defining Discrimination on the Basis of National Origin Under Article VIII(1) of the Friendship Treaty Between the United States and Japan [PDF]
, 1991 This Note argues that the Third Circuit\u27s definition for unpermitted national origin discrimination best balances the purposes of the FCN Treaty and Title VII, and that U.S. courts should focus on factors such as visa status and differential treatment
Mozarsky, Scott
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EC Competition Law and Member State Courts [PDF]
, 1993 The main purpose of this paper is to critically analyze the “Notice on cooperation between national courts and the Commission in applying Articles 85 and 86 of the EEC Treaty” (the “Notice”), which the Commission of the European Community (the ...
Bourgeois, Jacques H.J.
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Survey of Tribal Court Effectiveness Studies [PDF]
, 2014 This article examines empirical studies that have been conducted on the effectiveness of tribal courts, both in terms of reduction in recidivism and participant attitudes, and a look at some of the challenges to implementing a tribal court effectiveness ...
Carbaugh, Jacob A., Fortson, Ryan
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, 2008 Three types of strategies have been common for court reform programmes: the ‘holistic’, the ‘tactical’, and the ‘strategic’ approach. This Research and Policy Note discusses strategic court reform and its underlying ideas. Its main intention is to alert those involved in judicial reform to some of the pitfalls and choices connected to particular types ...
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Koori Court Victoria: Magistrates Court (Koori Court) Act 2002
Law Text Culture, 2004 This paper has grown out of the practice of the Shepparton Koori Court in Victoria (Australia). It reflects the views of two ‘insiders’ to the process — the first sitting magistrate and the first enabling Aboriginal Justice Officer. We do not pretend that our views of the court’s operations in its first 18 months are anything other than our own ...
Auty, K., Briggs, D.
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The Supreme Courts: Did September 11th Accelerate Their Sanctioning the Constitutionality of Criminalizing Suspicion? [PDF]
, 2008 “This article evaluates whether the nation‘s highest appellate courts have, on balance, been more willing to acquiesce to criminalization based on suspicion since the attacks on the World Trade Center seven years ago. The article seeks to accomplish this
Holley, Dannye
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THE ROLE OF THE EUROPEAN UNION CHARTER OF FUNDAMENTAL RIGHTS IN THE NEW EUROPEAN CONTEXT [PDF]
Challenges of the Knowledge Society, 2012 The Charter of fundamental rights of the European Union was proclaimed by the European Commission, the European Parliament, and the Council of the European Union at the European Council held at Nice on the 7 December 2000, was modified on 12 December ...
OANA-MIHAELA SALOMIA
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