Heavy clouds, no rain. Unmasking the Polish Constitutional Tribunal challenging the primacy of the EU law and the Court of Justice in case K 3/212 [PDF]
In 2021, the Polish Constitutional Tribunal (unconstitutionally composed) dropped a judicial bomb on the primacy of the EU law, a judicial dialogue with the Court of Justice, and a mechanism for providing the rule of law conditions by the Member States ...
Michał Ziółkowski
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Two Paradigms of Jurisdiction [PDF]
Globalization causes convergence of legal orders. Or so it is argued. Law and economics scholars predict that legal orders will move towards the same efficient end state.
Michaels, Ralf
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Totally Class-Less?: Examining Bristol-Myer\u27s Applicability to Class Actions [PDF]
In June 2017, the U.S. Supreme Court tightened the specific jurisdiction doctrine when it dismissed several plaintiffs’ claims in a mass tort action against pharmaceutical company Bristol-Myers Squibb (BMS) for lack of personal jurisdiction.
Stone, Justin A.
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BG Group and “Conditions” to Arbitral Jurisdiction [PDF]
Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v.
Bjorklund, Andrea K., Rau, Alan S.
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Fields of Restorative Justice in the Statute of the International Criminal Court [PDF]
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders.
Hossein Gholami, omid Rostami Ghazani
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EU Autonomy: Jurisdictional Sovereignty by a Different Name?
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 319-329 | Insight | (Table of Contents) I. Introduction. - II. Jurisdictional sovereignty: a core element of an elusive concept. - III.
Christina Eckes
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Transfer of Company’s Registered Office and Forum-Shopping in International Insolvency Cases: an Important Decision from Italy [PDF]
The Italian Supreme Court (Corte di Cassazione) has issued an important decision on companies’ freedom of establishment in the European Union (EU) and on jurisdiction over insolvency proceedings.
Mucciarelli, Federico M.
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The nacency of jurisdictio voluntaria from the letter and the spirit of Roman law
The article is devoted to the history of the emergence of an idea of indisputable/voluntary jurisdiction in ancient Rome. As a research base, Digesti Justiniana was analyzed as the main monument of Roman law.
Iryna Lykholat
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Migratory Alimony: A Constitutional Dilemma in the Exercise of In Personam Jurisdiction [PDF]
Obstacles to obtaining binding determinations of domicile often block the personal jurisdiction required for alimony adjudication. A way out of the impasse, Professor Ritz argues, is offered by the mechanism of removing cases to federal courts under the
Ritz, Wilfred J.
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Tribal Jurisdiction—A Historical Bargain [PDF]
The existing rhetoric surrounding tribal civil jurisdiction over non-Indians often leaves out the historical foundations to that jurisdiction. This article compares the tribal economies of the 18th and 19th centuries with the current environment of ...
Fletcher, Matthew L.M., Jurss, Leah
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