Results 1 to 10 of about 926,112 (247)

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]

open access: yesKrytyka Prawa
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
doaj   +1 more source

Two Paradigms of Jurisdiction [PDF]

open access: yes, 2006
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
core   +2 more sources

Totally Class-Less?: Examining Bristol-Myer\u27s Applicability to Class Actions [PDF]

open access: yes, 2018
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.
core   +1 more source

BG Group and “Conditions” to Arbitral Jurisdiction [PDF]

open access: yes, 2016
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.
core   +2 more sources

Fields of Restorative Justice in the Statute of the International Criminal Court [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, 2013
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
doaj  

EU Autonomy: Jurisdictional Sovereignty by a Different Name?

open access: yesEuropean Papers, 2020
(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
doaj   +1 more source

Transfer of Company’s Registered Office and Forum-Shopping in International Insolvency Cases: an Important Decision from Italy [PDF]

open access: yes, 2005
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.
core   +1 more source

The nacency of jurisdictio voluntaria from the letter and the spirit of Roman law

open access: yesНаукові записки НаУКМА: Юридичні науки, 2018
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
doaj   +1 more source

Migratory Alimony: A Constitutional Dilemma in the Exercise of In Personam Jurisdiction [PDF]

open access: yes, 1960
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.
core   +1 more source

Tribal Jurisdiction—A Historical Bargain [PDF]

open access: yes, 2016
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
core   +2 more sources

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