Results 11 to 20 of about 16,768 (174)
When the Court Divides: Reconsidering the Precedential Value of Supreme Court Plurality Decisions [PDF]
, 1992 Many opinions are divided on what religious freedom should protect and the area is unexploredin preschool. Is it the parents, the child or preschool teacher right?
Thurmon, Mark Alan
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European Law Journal, Volume 29, Issue 3-6, Page 326-339, May-November 2023., 2023 Abstract The article explores the difficult balance of interests in the Italian field of seabed mining. In recent years, the regions, bearers of the local communities' social demands, claimed greater attention to sustainability, while the State almost always privileged productivity.
Giorgio Cataldo
wiley +1 more source
, 1969 The dichotomy between questions of fact and questions of law serves as a starting point for the following discussion of the nature of legal reasoning. In the course of the dialogue the author notes similarities and dissimilarities between legal reasoning
Stone-de Montpensier, Roy L.
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A quest for agency in the Anthropocene: Law and environmental movements in Southeast Asia
Review of European, Comparative &International Environmental Law, Volume 32, Issue 1, Page 57-66, April 2023., 2023 Abstract The Anthropocene questions the very foundation of environmental law. Many legal scholars have proposed directions on how environmental law should be transformed to respond to complex challenges in the new geological epoch. However, they tend to avoid questions about which social actors should be regarded as the agents of change to bring about ...
Agung Wardana
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European Law Journal, Volume 29, Issue 1-2, Page 176-211, January-March 2023., 2023 Abstract Recent and upcoming judgments of the Court of Justice of the European Union (CJEU) have resurfaced a much‐debated topic on the legal limitations of law enforcement authorities and intelligence services under EU law in implementing surveillance operations.
Valsamis Mitsilegas +3 more
wiley +1 more source
The ‘legal’ in socio‐legal history: Woods and Pirie v. Cumming Gordon
Journal of Law and Society, Volume 49, Issue 4, Page 778-799, December 2022., 2022 Abstract This article explores the Scottish defamation case Woods and Pirie v. Cumming Gordon (1810–1812) in order to demonstrate the value of legal readings across the broadest spectrum of socio‐legal history. While the case has attracted attention from social historians, particularly historians of sexuality, it was shrouded in secrecy and thus did ...
CAROLINE DERRY
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, 2023 The Modern Law Review, Volume 86, Issue 3, Page 814-835, May 2023.
Sebastian Lewis
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Pensar, 2023 Resumo: O presente trabalho, por meio de uma revisão bibliográfica, levando em consideração a importância da constituição de uma ratio decidendi do Supremo Tribunal Federal (STF) e a relevância da dissidência para o fortalecimento dos precedentes ...
Kamila Maria Strapasson +1 more
doaj +1 more source
Precedentes vinculantes e as cortes supremas: uma análise crítica
Teoria Jurídica Contemporânea, 2017 RESUMO: O novo Código de Processo Civil procura instituir um sistema de precedentes judiciais obrigatórios. Alguns autores da processualística defendem que Superior Tribunal de Justiça e Supremo Tribunal Federal devem atuar como Cortes Supremas.
Antonio Aurelio de Souza Viana
doaj +1 more source
The Potential of Abductive Legal Reasoning
Ratio Juris, Volume 33, Issue 1, Page 66-81, March 2020., 2020 Abstract The article describes the potential of abductive legal reasoning as a means of systematically exploring the role of inferences within legal reasoning. Starting out from the structures of abduction as originally presented by Peirce in his four‐horsemen example, the author points to the fact that Peirce actually employed a hypothesis that ...
Bjarte Askeland
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