Common law

About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.

The Law of Environmental 'PPMs' in the WTO: Debunking the Myth of Illegality

Abstract: This Article explains and appraises the WTO law of Processes and Production Methods (“PPMs”). A better understanding of the law and of how PPMs operate can help governments and stakeholders improve the management of outwardly directed PPMs. Governments presently have divergent views about WTO rules. These diverging views have led to an inside-out debate from which a political consensus cannot easily emerge. This Article examines the relevant WTO case law on the issue of PPMs and concludes that PPMs are, contrary to some commentators, not prohibited by the WTO. Finally, the Article shows how a correct legal reading may enable new integrative solutions that resolve trade and environment tensions and establish a better framework for preventing inappropriate PPMs.

Coercion, Contract, and Free Labor in the Nineteenth Century

Abstract: Introduction: free wage labor in the history of the West Part I. American Contract Labor and English Wage Labor: The Use of Pecuniary and Nonpecuniary Pressure: 1. 'Free' contract labor in the United States: an anti-essentialist view of labor types I 2. 'Unfree' wage labor in nineteenth-century England: an anti-essentialist view of labor types II 3. Explaining the legal content of English wage labor 4. Struggles over the rules: the Common Law Courts, parliament, the people, and the master and servant acts 5. Struggles under the rules: strategic behavior and historical change in legal context 6. Struggles to change the rules 7. Freedom of contract and freedom of person Part II. 'Free' and 'Unfree' Labor in the United States: 8. 'Involuntary servitude' in American fundamental law 9. Labor contract enforcement in the American north Conclusion.

Outlines of Muhammadan Law

Abstract: This is the fifth edition of a book that has enjoyed immense popularity for more than six decades. The author was a scholar of not just Islamic law, but very significantly of Islamic jurisprudence, as well as of Arabic and Persian-the original languages in which Islamic laws and Commentaries were written. In a learned and elegantly written introduction, Fyzee gives a detailed background of pre-Islamic Arabia and ancient Arabian customs, tracing the advent of Islam and the origin of Muslim law. The main text covers areas such as marriage and its dissolution, parentage, guardianship, and legitimacy, maintenance and gifts, as well as the Sunnite and Shiite laws of inheritance. The author has made a notable contribution to the study of Muslim law, especially as it is administered in India. The fifth edition, revised and edited by Professor Tahir Mahmood traces developments and modifications that have taken place in Islamic law since the publication of the fourth edition in 1974, highlights new statutory and case law, and also provides brief analytical comments. He remains true to the format and intellectual design of the original book, which remains a study primarily of Indian Islamic law. Wherever relevant, it includes references to the law in Pakistan and Bangladesh.

An inquiry into the merits of copyright: the challenges of consistency, consent, and encouragement theory

Abstract: A. Entitlement Structures: Rights, Privileges, and Powers ....... 1354 1. Entitlement structures in tangible property and torts ...... 1354 2. Common law limits on ownership entitlements 1361 3. Entitlement structures in copyright law 1365 B. Assessing the Patterns ......... 1378 1. "Thingness, " "use, " and the role of boundaries ......... 1378 2. Harms and benefits 1384 3. Diferences in liability criteria 1386 4. Economic functions of the entitlement package 1388 II. ALTERNATIVES TO COPYRIGHT . 1394