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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.


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Journal ArticleDOI
TL;DR: The European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of private life as mentioned in this paper.
Abstract: Applying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

71 citations

Journal ArticleDOI
TL;DR: In this paper, the authors argue that such immunity is difficult to defend on policy grounds, and sharply inconsistent with conventional tort law principles, and argue that Internet service providers control the gateway through which Internet pests enter and reenter the public computer system.
Abstract: Internet service providers are today largely immune from liability for their role in the creation and propagation of worms, viruses, and other forms of malicious computer code. In this Essay, we question that state of affairs. Our purpose is not to weigh in on the details - for example, whether liability should sound in negligence or strict liability, or whether liability is in this instance best implemented by statute or via gradual common law development. Rather, our aim is to challenge the recent trend in the courts and Congress away from liability and toward complete immunity for Internet service providers. In our view, such immunity is difficult to defend on policy grounds, and sharply inconsistent with conventional tort law principles. Internet service providers control the gateway through which Internet pests enter and reenter the public computer system. They should therefore bear some responsibility for stopping these pests before they spread and for helping to identify individuals who originate malicious code in the first place.

71 citations

Journal ArticleDOI
TL;DR: This paper found strong support for the proposition that both judicial independence and constitutional review are associated with greater freedom, consistent with theory, and argued that judicial independence accounts for some of the positive effect of common law legal origin on measures of economic freedom.
Abstract: In the Anglo-American constitutional tradition, judicial checks and balances are often seen as crucial guarantees of freedom. Hayek (1960) distinguishes two ways in which the judiciary provides such checks and balances: judicial independence and constitutional review. We create a new data base of constitutional rules in 71 countries that reflect these provisions. We find strong support for the proposition that both judicial independence and constitutional review are associated with greater freedom. Consistent with theory, judicial independence accounts for some of the positive effect of common law legal origin on measures of economic freedom. The results point to significant benefits of the Anglo-American system of government for freedom.

71 citations

Book
01 Jan 2001
TL;DR: Same-sex relationships - an Australian perspective on a global issue, The Hon Justice Michael Kirby AC CMG, High Court of Australia Part 1 Theoretical perspectives: introduction - theoretical perspectives, David AJ Richards same-sex partnerships and arguments of justice, Nicholas Bamforth the limitations of liberal neutrality arguments in favour of samesex marriage, Chai R Feldblum like counting stars? re-structuring equality and the socio-legal space of same sex marriage, Davina Cooper recognition, rights, regulation, normalisation - rhetorics of justification in the same -sex marriage
Abstract: Same sex relationships - an Australian perspective on a global issue, The Hon Justice Michael Kirby AC CMG, High Court of Australia Part 1 Theoretical perspectives: introduction - theoretical perspectives, David AJ Richards same-sex partnerships and arguments of justice, Nicholas Bamforth the limitations of liberal neutrality arguments in favour of same-sex marriage, Chai R Feldblum like counting stars? re-structuring equality and the socio-legal space of same-sex marriage, Davina Cooper recognition, rights, regulation, normalisation - rhetorics of justification in the same-sex marriage debate, Janet Halley the ideological structure of the same-sex marriage debate (and some postmodern arguments for same-sex marriage), William N Eskridge Part 2 National law - United States: legal recognition of same-sex partners under US state or local law, Arthur S Leonard lesbian and gay couples raising children - the law in the United States, Nancy D Polikoff the Hawaii marriage case launches the US freedom-to-marry movement for equality, Evan Wolfson the freedom to marry for same-sex couples in the United States of America, Mary L Bonauto) Part 2 National law - Canada: introduction - same-sex partnerships in Canada, The Hon Justice Claire L'Heureux-Dube, Supreme Court of Canada any two persons in Canada's lotusland, British Colombia, Donald G Casswell becoming "persons" in Canadian law - genuine equality or "separate but equal?", Kathleen A Lahey Part 2 National law - Africa, Australasia and Latin America: politics, partnership rights and the constitution in South Africa (and the problem of sexual identity), Craig Lind let them eat cake and ice cream - wanting something "more" from the relationship recognition menu, Jenni Millbank and Wayne Morgan the New Zealand same-sex marriage case - from Aotearoa to the United Nations, Nigel Christie Brazil's proposed "civil unions between persons of the same sex" - legislative inaction and judicial reactions, Marcelo Dealtry Turra Part 2 National law - Asia and the Middle East: towards legal protection for same-sex partnerships in Japan - from the perspective of gay and lesbian identity, Akitoshi Yanagihashi contextualising the same-sex erotic relationship - post-colonial Tongzhi and political discourse on marriage law in Hong Kong and mainland China, Chiu Man-Chung (Andy Chiu) same-sex partnerships and Indian law - climate for a change, Poonam Saxena challenges to compulsory heterosexuality - recognition and non-recognition of same-sex couples in Israeli law, Aeyal M Gross Part 2 National law - Europe: the Danish Registered Partnership Act 1989 - has the act meant a change in attitudes?, Ingrid Lund-Andersen "from society's point of view, cohabitation between two persons of the same sex is a perfectly acceptable form of family life" - a Swedish story of love and legislation, Hans Ytterberg (Part Contents)

71 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202358
2022195
2021460
2020774
2019920
2018981