Results 21 to 30 of about 263,822 (288)

SUPREME COURTS AND BÜLOWIAN’S INHERITANCE IN THE JURISPRUDENCIALIZATION OF THE LAW

Revista Eletrônica de Direito Processual, 2019
The present article aims to present that the model of Supreme Courts for the formation and application of precedents is the continuity of what is advocated in Process Theory as a legal relationship of Oskar von Bülow, with the demonstration of its ...
Luis Gustavo Reis Mundim, Alexandre Varela de Oliveira   +1 more
doaj   +1 more source

Surrogate motherhood; A regression to a patriarchal society free of social policies?

Journal of Modern Science, 2019
Objectives Surrogacy is a very complex issue today, and contrary to what can be believed, and despite the new techniques of human reproduction, gestational surrogacy is not an exclusive practice of the 21st century and Roman law already provides us with ...
Patricia Panero
doaj   +1 more source

STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE

Revista Eletrônica de Direito Processual, 2021
We approach the hypothesis of rediscussion by Brazilian Federal Supreme Court of a law already declared as constitutional in abstract control and its relation with the institute of the res judicata, with the conclusion that there is stability in the ...
Adriano Sayão Scopel
doaj   +1 more source

CIVIL INVESTIGATION PROCEDURE, CONTRADICTORY AND ADMINISTRATIVE MISCONDUCT: A CRITICAL DIAGNOSIS OF THE BRAZILIAN SUPREME COURTS PRECEDENTS

Revista Eletrônica de Direito Processual, 2016
This paper proposes to analyze the precedents of the Brazilians Supremes Courts – STF and STJ – on the subject of Brazilian Civil Investigation Procedure.
Hermes Zaneti Júnior, Gustavo Silva Alves   +1 more
doaj   +1 more source

(IR) RATIONALITY IN THE JUSTIFICATION OF JUDICIAL DECISIONS AS A DETERMINING FACTOR FOR THE IDENTIFICATION OF THE BINDING PRECEDENT

Revista Eletrônica de Direito Processual, 2021
The study seeks to analyze the relevance of identifying the ratio decidendi in the application of the judicial precedent, presenting the difficulty in carrying out this task, in the face of the lack of argumentative rationality in the decisions handed ...
Tatiana Paula da Cruz
doaj   +1 more source

Stopping The Presses: Evaluating The Effectiveness Of The 2013 Justice Department’s New Protections For Journalists [PDF]

, 2018
The Obama Administration ushered in a new era of accountability and communication between the government and those it governs. With the rise of social media and the creation of White House accounts on various platforms it seemed as if the Obama ...
Shokar, Jasleen
core   +1 more source

Precedent

Revista Brasileira de Direitos Fundamentais & Justiça, 2019
Precedent is and remains central to common law, but is neither fixed in stone, a mechanical rule to follow, nor fundamentally “binding.” In interesting yet often neglected ways, precedents maynot only be expressly but implicitly overruled, abandoned or circumvented (without saying so), so as to render them no longer “good law”, or undercut by simply ...
Marco Félix Jobim, David M. O’Brien
openaire   +3 more sources

THE ROLE OF PRECEDENT IN THE ITALIAN LEGAL SYSTEM (WITH SPECIFIC ATTENTION TO ITS USE MADE BY THE ITALIAN CORTE COSTITUZIONALE)

Revista Eletrônica de Direito Processual, 2018
The main aim of this article is analysing the use of precedent made by the Italian Constitutional Court and its effectiveness in the light of Michele Taruffo’s ‘dimensions’ of the precedents.
Enrico Albanesi
doaj   +1 more source

Precedents as a Source of Land Law in Poland’s Past

Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, 2019
The paper is an English translation of Prejudykaty jako źródło prawa ziemskiego w dawnej Polsce by Bogdan Lesiński published originally in “Czasopismo Prawno-Historyczne” from 1990.
Bogdan Lesiński
doaj   +1 more source

Enron versus EUSES: A Comparison of Two Spreadsheet Corpora [PDF]

, 2015
Spreadsheets are widely used within companies and often form the basis for business decisions. Numerous cases are known where incorrect information in spreadsheets has lead to incorrect decisions.
Jansen, Bas
core   +2 more sources