Results 21 to 30 of about 20,213 (267)

Precedent Comparison in the Precedent Model Formalism: A Technical Note [PDF]

open access: yes, 2020
We outline a formalization of precedent comparison in the precedent model formalism.
Heng Zheng 0001   +2 more
openaire   +3 more sources

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

open access: yesJournal 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

open access: yesRevista 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

open access: yesRevista 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   +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

open access: yesRevista 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

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

open access: yesRevista 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

Scheduling with AND/OR Precedence Constraints [PDF]

open access: yesSIAM Journal on Computing, 2004
In many scheduling applications it is required that the processing of some job must be postponed until some other job, which can be chosen from a pre-given set of alternatives, has been completed. The traditional concept of precedence constraints fails to model such restrictions.
Moehring, R., Skutella, M., Stork, F.
openaire   +3 more sources

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

open access: yesPrzegląd 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

Detecting the Footprints of the Legal Reasoning of the Court of Justice: Inquiry into the Citation Methods

open access: yesEuropean Papers
(Series Information) European Papers - A Journal on Law and Integration, 2026 11(2), 1387–1416 | Article | (Table of Contents) 1. Simple as it is? – 1.1. Analysis of drafting elements. – 1.2. Interpretative and systematic understanding. – 2.
Roberto Cisotta
doaj   +1 more source

MOTION TO SET ASIDE JUDGMENT THAT EXTINGUISHED A CLASS ACTION, ON THE GROUNDS OF A LEGAL NORM BEING VIOLATED: ANALYSIS ACCORDING TO THE JUDICIAL PRECEDENTS OF THE SUPERIOR COURTS ON THE ISSUE OF THE STANDING OF CIVIL ASSOCIATIONS

open access: yesRevista Eletrônica de Direito Processual, 2020
The text analyzes the possibility of filing a motion to set aside judgment in cases where the decision violates a legal rule as construed by judicial precedent, specifically of Superior Courts, in the light of a concrete case in which the controversial ...
Camilo Zufelato   +1 more
doaj   +1 more source

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