Showing papers on "Common law published in 1994"

Property And Persuasion: Essays On The History, Theory, And Rhetoric Of Ownership

Abstract: Introduction: Approaching Property Initial Persuasions: Talk About Property Possession as the Origin of Property Property as Storytelling: Perspectives from Game Theory, Narrative Theory, Feminist Theory Wealth And Community, Then And Now Takings and the Practices of Property: Property as Wealth, Property as Propiety Ancient Constitution Versus Federalist Empire: Antifederalism from the Attack on Monarchism to Modern Localism Common Property The Comedy of the Commons: Custom, Commerce, and Inherently Public Property Energy and Efficiency in the Realignment of Common Law Water Rights Bargaining And Entitlement Crystals and Mud in Property Law Women and Property: Gaining and Losing Ground Persuasion Revisited: Vision And Property Seeing Property.

Law, Space, and the Geographies of Power

Abstract: This illuminating new volume offers a ground-breaking exploration into the intriguing and politically significant relationship between law and geography. Nicholas K. Blomley asserts that space and law, rather than being fixed, objective categories, have a crucial bearing on the deployment of power and the structuring of social life. Arguing that the geographies of law can be powerful--even oppressive--in combination with their implied claims concerning social life, Blomley clearly demonstrates how, over the last two centuries, legal judgment has entailed the adjudication of issues of power and space. The volume synthesizes ideas from the fields of law and geography to construct a "critical legal geography" that both documents Blomley's theory and challenges the orthodox treatment of law, space, and power. With unusual insight into the ideology and intricacy of legal reasoning, the book shows how--contrary to appearance-- representations (or "geographies") of the spaces of political, social, and economic life are deeply embedded within legal thought and practice. These representations, he argues, touch on all aspects of legal life including property, constitutional interpretation, contractual relations, crime, and intergovernmental law. To illustrate the book's analysis, empirical chapters offer case studies in Britain, the United States, and Canada, to reveal how legal geographies reflect complex and often contesting visions of social life under law. In a wide ranging exploration, Blomley unpacks struggles over U.S. occupational safety, the British miners' strike of 1984 - 1985, mobility and the Canadian Charter of Rights and Freedoms, and common law legal history.

The death of common sense : how law is suffocating America

Abstract: If Howard plays his cards right, he may be on the brink of creating his own intemal industry along the lines of Peters and Waterman's, "In Search of Excellence." There appears to be a broad range of acceptance of his views on the excesses of regulation. President Clinton recently shared the same stage with Howard when he aligned himself with the popular intention of reducing big govemment. Senator Dole and the democratic Govemor of Florida, Lawton Chiles, have also embraced Howard's book. Even outside the United States, other countries seem to be changing course toward a reduction in govemment and regulation. For example, France elected conservative, Jacques Chirac, and a conservative recently won office in a Canadian province. It is not clear whether Howard's book is a harangue against regulation or the U.S. legal system. Does the latter lead to the excess of the former? Because Howard is a corporate lawyer, his polemic is all the more compelling. Howard proposes the notion of a "regulatory budget" (pp. 9, 26). This has been seen before under the mbric of "sunset laws," in which regulations are evaluated periodically according to certain criteria to justify the continuation of the regulations. Howard notes lawmakers' zest for promulgating regulations, but their lack of enthusiasm for reducing them. Evaluating regulations may be currently revived in the proposed legislation in the Senate, which would require cost/benefit analysis to be undertaken before any proposed regulations can be adopted. At the heart of Howard's concem is the seemingly wrong tum the United States has taken in trying to solve every national problem with detailed regulations. It would be better to allow the nation's administrators to use a little common sense, judgment, and discretion. Indeed, the common law is based on such a premise; namely, past experience with legal matters accumulated over time in the form of legal precedent provides the guidelines for evaluating future legal issues. The situation is further exacerbated by the deluge of regulations, as well as the ridiculousness of so many of them. According to the author, if only Americans could rely on lawyer friendly terms of art, such as the reasonable man standard and good faith (pp. 23, 24), society would be better served. Yet, Howard also expresses fmstration with those administrators in the school systems who "knew, or reasonably should have known" (p. 128) that their disciplinary actions were violating the constitutional rights of students. His embracing of the reasonable man standard is difficult to fit with its application in reality. Anyone who has attempted to study antitmst law in which the mle of reason standard is applied, knows the frustration in trying to apply a standard (1) when the plaintiff has the burden to show that the conduct in question is more anticompetitive than procompetitive in the relevant geographic and product markets and (2) when the defendant has not employed the least restrictive competitive altemative in restraining trade. Howard correlates the regulatory mess the United States is in to trends or political eras. Prior to the tum of the century, the United States was relatively free of regulations and statutes. Rules and regulations began to replace the common law around the late 1800s, with tmst-busting legislation and laws dealing with child labor. The New Deal, under President Franklin Roosevelt, put the United States on the road to a regulated economy. President Lyndon Johnson's Great Society, with Medicare, work safety, and civil rights laws, capped the progression (pp. 24-28).

Comparative Criminal Justice Systems: A Topical Approach

Abstract: TABLE OF CONTENTS CHAPTER 1: AN INTERNATIONAL PERSPECTIVE WHY STUDY THE LEGAL SYSTEM OF OTHER COUNTRIES? Provincial Benefits of an International Perspective Universal Benefits of an International Perspective Neighbor Cooperation Multinational Cooperation APPROACHES TO AN INTERNATIONAL PERSPECTIVE Historical Approach Political Approach Descriptive Approach STRATEGIES UNDER THE DESCRIPTIVE APPROACH The Functions/Procedures Strategy The Institutions/Actors Strategy COMPARISON THROUGH CLASSIFICATION The Need for Classification Classification Strategies The Role of Classification in This Book THE STRUCTURE OF THIS BOOK SUMMARY DISCUSSION QUESTIONS CHAPTER 2: CRIME, TRANSNATIONAL CRIME, AND JUSTICE COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE Comparative Criminology Looks at Crime as a Social Phenomenon Comparing Similar Data Comparing over time Using United Nations crime data Comparative Criminology Looks at Crime as Social Behavior Modernization Theories Civilization Theory World System Theory Opportunity Theories TRANSNATIONAL CRIME Transnational Crime Types Computer Crime Corruption and Bribery of Public Officials, Party Officials, and Elected Representatives Illicit Drug Trafficking Money Laundering Sea Piracy Theft of Art and Cultural Objects Trade in Human Body Parts Trafficking in Persons Terrorism Domestic and International Terrorism Terrorism Typologies Communist/Socialist Nationalist/Separatist Religious RESPONSE TO TRANSNATIONAL CRIME National Efforts: USA International Efforts Interpol Responds to Transnational Crime The United Nations Responds to Transnational Crime SUMMARY DISCUSSION QUESTIONS CHAPTER 3: AN AMERICAN PERSPECTIVE ON CRIMINAL LAW ESSENTIAL INGREDIENTS OF JUSTICE SYSTEMS Substantive Criminal Law General Characteristics of Criminal Law Major Principles of Criminal Law Procedural Criminal Law Constitutional Provisions for the Criminal Process Crime Control Model Due Process Model LIBERTY, SAFETY, AND FIGHTING TERRORISM The USA PATRIOT Act-Substantive Law Issues Section 206 Section 215 Section 213 Due Process and Terrorist Suspects-Procedural Law Issues Is America's Reaction That Different? SUMMARY DISCUSSION QUESTIONS CHAPTER 4: LEGAL TRADITIONS LEGAL SYSTEMS AND LEGAL TRADITIONS TODAY'S FOUR LEGAL TRADITIONS Common Legal Tradition Feudal Practices Custom Equity Civil Legal Tradition Roman Law Canon Law Codification Socialist Legal Tradition Russian Law Law as Artificial Marxism Leninism Socialist Legal Tradition after the USSR's Demise Islamic (Religious/Philosophical) Legal Tradition The Qur'an and Sunna Ijma and qiyas Schools of law COMPARISON OF THE LEGAL TRADITIONS Cultural Component Private and Public Law Balance/Separation of Powers Substantive Component Primary Source of Common Law Primary Source of Civil Law Primary Source of Socialist Law Primary Source of Islamic Law Procedural Component Flexibility in Common Law Flexibility in Civil Law Flexibility in Socialist Law Flexibility in Islamic Law SUMMARY DISCUSSION QUESTIONS CHAPTER 5: SUBSTANTIVE LAW AND PROCEDURAL LAW IN THE FOUR LEGAL TRADITIONS SUBSTANTIVE CRIMINAL LAW General Characteristics and Major Principles Substantive Law in the Common Legal Tradition Substantive Law in the Civil Legal Tradition Substantive Law in the Socialist Legal Tradition Substantive Law in Islamic Legal Tradition Hudud Crimes Qisas Crimes Tazir Crimes PROCEDURAL CRIMINAL LAW Adjudicatory Processes Inquisitorial Process Adversarial Process Contrasting Adversarial and Inquisitorial Processes Procedural Law in the Islamic Legal Tradition Judicial Review Diffuse Model for Judicial Review Concentrated Model for Judicial Review Mixed Model for Judicial Review Judicial Review in the Islamic and Socialist Traditions SUMMARY DISCUSSION QUESTIONS CHAPTER 6: AN INTERNATIONAL PERSPECTIVE ON POLICING CLASSIFICATION OF POLICE STRUCTURES Centralized Single Systems: Ghana Decentralized Single Systems: Japan Centralized Multiple Coordinated Systems: France Gendarmerie Nationale Police Nationale Decentralized Multiple Coordinated Systems: Germany Centralized Multiple Uncoordinated Systems: Spain Guardia Civil Cuerpo Nacional de Policia Policia Municipal Uncoordinated Policing Decentralized Multiple Uncoordinated Systems: Mexico Federal policing State policing Municipal policing Federal District policing Reform attempts POLICING ISSUES: POLICE MISCONDUCT POLICING ISSUES: GLOBAL COOPERATION International Criminal Police Organization (ICPO)-Interpol Europol Examples of Harmonization and Approximation in the European Union The Schengen Convention The European Arrest Warrant SUMMARY DISCUSSION QUESTIONS CHAPTER 7: AN INTERNATIONAL PERSPECTIVE ON COURTS PROFESSIONAL ACTORS IN THE JUDICIARY Variation in Legal Training Variation in Prosecution United States France England and Wales Variation in Defense THE ADJUDICATORS Presumption of Innocence Professional Judges An Independent Judiciary Becoming a Judge Lay Judges and Jurors Juries Lay Judges Examples along the Adjudication Continuum Saudi Arabia England Germany VARIATION IN COURT ORGANIZATION France Trial Level: Police Court Trial Level: Correctional Courts Trial Level: Assize Court Appellate Level: Courts of Appeal Appellate Level: Supreme Court of Appeal England and Wales Her Majesty's Court Service Trial Level: Magistrates' Court Trial Level: Crown Court Appellate Level: Court of Appeal Appellate Level: House of Lords Nigeria China Saudi Arabia SUMMARY DISCUSSION QUESTIONS CHAPTER 8: AN INTERNATIONAL PERSPECTIVE ON CORRECTIONS COMPARATIVE PENOLOGY Typologies for Comparative Penology PUNISHMENT Justifications for Punishment International Standards for Corrections International Agreements on Corrections FINANCIAL PENALTIES Fines Day Fines Examples from Sweden and Germany Compensation to Victims and Community Donation Penalties in Germany CORPORAL AND CAPITAL PUNISHMENT International Standards Corporal Punishment Capital Punishment Retention and Abolition Around the World Why the Variation in Acceptance? The Role of Public Opinion The Death Penalty in China NONCUSTODIAL SANCTIONS International Standards Community Corrections Probation Probation's History Around the World Probation Today CUSTODIAL SANCTIONS International Standards Prison Populations Prison Systems South Africa Brazil India Women in Prison The Small Numbers of Women Prisoners The Impact of Imprisoning Drug Offenders Needs and Problems of Women Prisoners Minorities in Prison Disparity Around the World SUMMARY DISCUSSION QUESTIONS CHAPTER 9: AN INTERNATIONAL PERSPECTIVE ON JUVENILE JUSTICE DELINQUENCY AS A WORLDWIDE PROBLEM Setting International Standards Determining Who Are Juveniles Determining the Process MODELS OF JUVENILE JUSTICE Welfare Model New Zealand's version of the welfare model Police response Family Group Conference Youth Court Legalistic Model Preliminary investigation Preliminary hearing Trial Corporatist Model Key agencies Diversion options Youth Court Participatory Model The importance of legal education Other informal efforts Formal procedures SUMMARY DISCUSSION QUESTIONS CHAPTER 10: JAPAN: EXAMPLES OF EFFECTIVENESS AND BORROWING WHY STUDY JAPAN? Japan's Effective Criminal Justice System Borrowing in a Cross Cultural Context JAPANESE CULTURAL PATTERNS Homogeneity Contextualism and Harmony Collectivism Hierarchies and Order CRIMINAL LAW Law by Bureaucratic Informalism POLICING Why Are the Japanese Police Effective? Deployment of Police Officers The Citizen as Partner Policing as Service JUDICIARY Pretrial Activities Police Role Prosecutor Role Defense Attorney Role Court Structure and Trial Options Court Structure Adjudication in Summary Courts Adjudication with Modified Public Trials Adjudication with Regular Trials Judgments CORRECTIONS Community Corrections Probation and Parole Prison Sentences COMING FULL CIRCLE WHAT MIGHT WORK SUMMARY DISCUSSION QUESTIONS

Body rights, social rights and the liberal welfare state:

Abstract: The post-war expansion of many welfare states has seen 'reproduction going public', the development of social policies making reproduction a public and political concern. Though the phrase 'going public' has been applied most commonly to care work, it also describes the politi cisation of needs associated with biological reproduction. The present article is concerned with one such service, abortion, and what it can tell us about the development of the welfare state. The article focuses on a particular, 'liberal' type of the welfare state found in countries sharing the combined heritages of the British common law tradition and welfare residualism maintaining the primacy of market and family. This article explores the interplay of abortion rights, politics and services in the liberal welfare states of Australia, Britain, Canada and the United States. It considers the relationship between liberalism and gender, and the distinction between abortion as a medical entitle ment and a 'body right'. The civil right...

The IDEA's Least Restrictive Environment Mandate: Legal Implications

Abstract: The Individuals with Disabilities Education Act (IDEA) states that students with disabilities are to be provided with a free appropriate public education in the least restrictive environment (LRE). During the early years of the IDEA, the courts generally deferred to school officials on LRE matters and ruled in favor of more restrictive placements. In some recent cases, however, courts have taken a more activist stance. These decisions may signal a new era in LRE case law. Nineteen years after the passage of P.L. 94–142, the courts may be growing impatient with school officials for not providing less restrictive environments for students with disabilities.

Blackstone's tower: The English law school

Abstract: Law in Culture and Society. Law in the Universities: The Historical Context. What are Law Schools for? Law School Culture: A Visit to Rutland. The Law Library. Legal Scholorship and the Roles of the Jurist. The Quest for a Core. Appendix: English Law Teachers as Academics: A Preliminary Analysis.

China's struggle for the rule of law

Abstract: Up until the late 1970s Chinese political and academic commentary routinely dismissed the ‘rule of law’ concept as ‘bourgeois’ propaganda, designed to discredit Chinese socialism and the Chinese justice system, and, even during the Chinese legal reform of the 1980s, Western commentary just as routinely presumed that any Chinese reference to ‘fazhi’ connoted ‘rule by law’ as opposed to the ‘rule of law’.1 In the Western perspective, ‘rule by law’ merely invoked the existence of law within the state’s governing process, while ‘rule of law’ implied more progressively the supremacy of law and the curtailment of arbitrary government by law.

Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

Abstract: From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

The Nature of Congressional Committee Jurisdictions

Abstract: Jurisdictions are the defining characteristics of committee systems, and they are central in any discussions about the U. S. Congress; yet we know little about them. Where do committee property rights come from? Are they rigid? Are they flexible? I introduce a distinction between statutory jurisdictions (which are written in the House and Senate Rules) and common law jurisdictions (which emerge through bill referral precedents). Turf is gained through common law advances, not through formal rules changes (like the “reforms” passed by the House in 1946, 1974, and 1980). Jurisdictional change is ongoing and incremental. The analysis draws on an examination of hearings held by the House Commerce Committee from 1947 through 1990.

Possession: Erotic Love in the Law of Rape

Abstract: The sexual being still implicit in the law of rape has a rich history. Depictions of the strong, possessing male, mainly of a laudatory kind, are to be found in the Romantic and philosophical literature of the eighteenth and nineteenth century. In legal writing, he can be traced back at least until the time of Hale who specifically approved of sexual relations between strong men and capitulating women. The aim of this article is to show how and why this ideal of the male sexual subject has been retained within English and Australian rape law, notwithstanding legislative efforts to establish equality between the sexes. The argument is that a traditional possessive heterosexual form of 'erotic love' still forms the basis of English law, in which rape remains a crime of a man against a woman. Perhaps more surprisingly, however, a traditional view of sexuality still pervades the law of those Australian jurisdictions which have abandoned the English model and instituted ostensibly dramatic changes to the meaning of rape. In many parts of Australia, rape or its equivalent is now a crime which can be committed by and against either sex in a wide variety of ways. And yet we find that little has changed in substance. Though the crime has been sexually democratised on the statute books, faith has been kept with a simple, reductive and orthodox view of sexual relations between the sexes. This article begins with an exposition of this conventional sexuality, drawing in particular on the writings of Nietzsche who was eloquent on the subject. It then considers how this Romantic ideal of the sexes was reflected in the English common law, especially in the law of rape. The article goes on to examine recent developments in English and Australian rape law which represent an effort to modernise heterosexual relations and explains why they have failed. Finally, there is an endeavour to conceive of ways in which the law might begin to recognise a different female sexuality, one which is not simply an extrapolation to women of male sexual desires.

The Concept of Property in the Early Common Law

Abstract: “There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical property in goodwill, inventions, designs, artistic expression, symbols, secrets, privacy, and celebrity, as well as “new” property in social security benefits, government contracts, job security, and occupational licenses. Recent scholars have identified property with autonomy, personality, political participation, and reliance interests. Thus expanded, the concept of property threatens to disintegrate. If it includes everything, does it mean anything?

Textbook on Roman Law

Abstract: 1. Introduction: Rome - A Historical Sketch I: THE ROMAN LEGAL SYSTEM 2. The Sources of Roman Law 3. Roman Litigation II: THE LAW OF PERSONS 4. Status, Slavery and Citizenship 5. The Roman Family III: THE LAW OF PROPERTY AND INHERITANCE 6. Interests in Property 7. Acquiring Ownership 8. Inheritance IV: THE LAW OF OBLIGATIONS 9. Contracts 10. Delicts V: ROMAN LAW AND THE EUROPEAN IUS COMMUNE 11. Roman Law and the European ius commune

Determining Reasonable Academic Adjustments for College Students with Learning Disabilities

Abstract: Federal law and the implementing regulations have established that appropriate academic adjustments must be provided to college students with learning disabilities in order to ensure meaningful access to higher education. However, federal law is necessarily broad and offers no guidance in how to consider accommodation requests for individual students in specific contexts. To address this issue, legal tenets from federal and case law were examined, and existing guidelines for weighing accommodation requests were reviewed. Recommendations were proposed for determining appropriate academic adjustments for college students with learning disabilities, and persisting issues were discussed.

The Historical Origins of the Privilege against Self-Incrimination at Common Law

Abstract: guaranty that no person "shall be compelled in any criminal case to be a witness against himself"1 - was a landmark event in the history of Anglo-American criminal procedure. Prior historical scholarship has located the origins of the common law privilege in the second half of the seventeenth century, as part of the aftermath of the constitutional struggles that resulted in the abolition of the courts of Star Chamber and High Commission. This essay explains that the true origins of the common law privilege are to be found not in the high politics of the English revolutions, but in the rise of adversary criminal procedure at the end of the eighteenth century. The privilege against self-incrimination at common law was the work of defense counsel. From the middle of the sixteenth century, when sources first allow us to glimpse the conduct of early modern criminal trials,2 until late in the eighteenth century, the fundamental safeguard for the defendant in common law criminal procedure was not the right to remain silent, but rather the opportunity to speak. The essential purpose of the criminal trial was to afford the accused an opportunity to reply in person to the charges against him. Among the attributes of the procedure that imported this character to the criminal trial, the most fundamental was the rule that forbade defense counsel. The prohibition upon defense counsel was relaxed in stages from 1696 until 1836, initially

General Principles of German and European Administrative Law – A Comparison in Historical Perspective

Abstract: From the perspective of English jurists, the incoming tide of Community law still carries some suspicious pieces of flotsam onto the shores of the English legal system. It may be that the origin of certain general principles of Community law has contributed to that suspicion. The principles of proportionality1 and of the protection of legitimate expectations,2 for instance, have a reputation of being 'made in Germany. ' Their claim to acceptance in English administrative law is met with reservations.3 English lawyers may in fact think that European administrative law is the Trojan horse by which a continental tradition is about to supersede well-established English principles of administrative law and judicial review. They may also legitimately ask themselves whether their system is not particularly susceptible to change, since the Common Law tradition is the exception rather than the rule in the European context. German administrative law has acquired the reputation of being influential in the shaping of the general principles of European administrative law4 as they are being developed by the European Court of Justice and also, to a certain extent, by the European Commission and Court of Human Rights.5 Such a proposition, however, is difficult to prove or to disprove since it is frequently impossible to trace the origins of rules directly.6 In one or other form, other national systems of administrative law also know the concepts and principles which are at issue here. It is quite obvious, however, that these principles have acquired a particular significance and an extraordinary legal force in Germany. For these reasons, this article adopts an indirect approach. In Part One, some important principles of European administrative law are analysed in order to determine whether they have an equivalent in German administrative law. The relevant differences between these two systems and the system of English administrative law are also examined. Part Two attempts to explain why some of

Legality, Standing and Substantive Review in Community Law

Abstract: manner'. However, it is always possible to draft norms in this manner, and thus to immunize them from attack, more especially as the Court makes clear that knowledge of the number or identity of those affected will not prevent the norm from being regarded as a true regulation. If the Commission wishes, therefore, to ensure that its measures are rendered safe from challenge under Article 173(2), it can frame them as regulations drafted in the abstract and generalized manner described above. Now it is true that the Court expanded on the abstract terminology test in Moksel, and made reference to the purpose of the challenged norm, as well as the framework within which it was made, as factors which were of relevance in determining whether the measure was a real regulation or not. These criteria could be used to look behind the form of a measure to its substance. They can, however, also be utilized to reinforce the '9 Case 45/81, Alexander Moksel Import-Export GmbH &_ Co Handels KG v Commission [1982] ECR 1129. 20 Ibid 1144-5. This content downloaded from 157.55.39.19 on Tue, 14 Jun 2016 06:58:02 UTC All use subject to http://about.jstor.org/terms 516 Oxford Journal of Legal Studies VOL. 14 conclusions reached from the language in which the measure is expressed: if the contested norm is expressed in abstract and generalized norm creating language, this in itself creates the assumption that the purpose of the measure is to regulate a general sphere of activity. The reasons why the Court has been restrictive in its construction of Article 173(2) has been the subject of academic discussion which will be considered below. Before doing so, it is necessary to consider certain types of case in which the ECJ has adopted a more liberal attitude to standing by private parties. 3 Article 173: Standing for Non-Privileged Applicants-The More Liberal Case Law The ECJ has been more liberal in according standing in four main types of case. These cases will be examined, and this examination will be followed by an analysis of the policy reasons which have informed the Court's jurisprudence in these areas and in the 'mainline' cases considered in the previous section.

Rules of change in international law: how special is the European Community?

Abstract: There is widespread agreement about the fact that the European Community is a highly complex legal system situated outside the mainstream of public international law. Nobody would deny that Community law forms an ‘autonomous legal order’ in the sense proposed by Sorensen, but then, that characteristic is shared by many other international organisations. Yet, many authors, among which are the majority of specialists in EC law, go far beyond this and argue that EC law is situated outside the ‘system of international law’ altogether. Although seemingly anchored in international law (as it was created by an international treaty) the European Community has been drifting into uncharted waters. It is often considered to be a ‘ sui generis ’ organisation, no longer part of international law though not yet a (federal) State on its own. The European Court of Justice, for its part, has never stated in so many words that EC law is entirely outside the scope of public international law, but some of its dicta seem to point in that direction.

The Second Amendment and the Personal Right to Arms

Abstract: This paper argues that the extreme lack of case law regarding the Second Amendment is largely a result of the Supreme Court's tendency to ignore the need for a body of law surrounding the Second Amendment.

The gradual convergence : foreign ideas, foreign influences, and English law on the eve of the 21st century

Abstract: Learning from Europe and Learning in Europe, Professor B.S. Markesinis French and English criminal procedure contracts and third-party rights in German and English law international conventions and domestic law The European Community and the European Convention on Human Rights - their effect on national law developments in environmental law the Scottish reactions - an epilogue.

The Collected Works of Justice Holmes: Complete Public Writings and Selected Judicial Opinions of Oliver Wendell Holmes

Abstract: VOLUME ONE Foreword: Editorial Principles Introduction The History of this Edition A Brief Biography of Justice Holmes Holmes's Philosophy and Jurisprudence: Origin and Development of Principal Themes A Critical Assessment Nonjudicial Works Youthful Works Introduction Undergraduate essays, addresses, and poems Civil War Poems, Obituaries The American Law Review 1867-1873 Introduction Digests of Cases Articles, comments, and book notices VOLUME TWO Introduction Holmes's Notes to Kent's Commentaries VOLUME THREE Articles in Preparation for The Common Law The Common Law Later Writings Speeches (1913 edition) Uncollected and Unpublished Addresses