federal common law and the conundrum of implication solved

... overlook the essential kinship, not of the Roman and the English law, but rather of the Roman and the English lawyer’;60 and the similar constitutional development of European kingdoms61 and the common ... aware of other regimes, and they were often the subject of appeal for law (responsa) by ‘daughter’ towns ‘[O]ne of the greatest of the tribal laws’ or ‘mirrors’, premissed in the authority of Christian ... system, who restricted the common law judges to control of the writ system This is how, in time, the systems evolved of the ius honorarium of the Roman praetor and the equity of the English Chancellor,48...

Ngày tải lên: 01/11/2013, 08:20

... directed the Jury from the Injustice of the Demand upon the State of it to find against the Plaintiff, but they found for the wages, & then named the sum There can be no New Trial.’’ Further, in ... This raised the noble judge [Lord Mansfield] to express great indignation at the flagrant neglect of justice and the defeating to the good intent of the laws by the remissness of some and the deceitfulness ... trial: in London and Manchester they generally go on with the cause and fill up the number out of the common jury; either way makes the case hard for the parties Compounding the problem of nonattendance...

Ngày tải lên: 07/03/2014, 03:20

... endorsement of the divine and hereditary right of English kings to rule, his promotion of accumulated wealth in the hands of the few, and above all his disdain for common people and for the idea of government ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the ... Court Activism, the Public Interest, and the Making of Constitutional Law l a r ry yac k l e the university of chicago press chicago and london larry yackle is professor of law and the Basil Yanakakis...

Ngày tải lên: 18/02/2014, 11:20

... of the accused; the widening boundaries of the criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and ... interpreters engaged in the rationalisation and modernisation of the criminal law On the other hand, they bear responsibility to interrogate the problems of the law, and to seek to understand its inherent ... that these are dialectically connected aspects of the same thing: the modern form of law I will now outline these two aspects of modern individualist law and then contextualise the idea of the...

Ngày tải lên: 18/02/2014, 12:20

... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...

Ngày tải lên: 19/02/2014, 05:20

... and no weaker system of law enforcement than this; for it delivers the enforcement of the law to the vicissitudes of the distribution of power between the violator of the law and the victim of ... years, not only as a result of the end of the Cold War, the disintegration of the Soviet Union and the demise of most command economies The earlier process of decolonisation, the acquisition by non-industrialised ... at the point where a legal explanation of the obligatory character of the law becomes impossible itself The legal basis of the validity of the law is extra-legal.’ For an attempt to locate the...

Ngày tải lên: 19/02/2014, 06:20

... Accountability and the Use of Force in International Law The spread of democracy to a majority of the world’s states and the legitimization of the use of force by multilateral institutions such as NATO and ... president and executive director of the American Society of International Law since 1994 She was formerly on the legislative staff of the US Senate and on the faculty of the University of Virginia ... rights of passage.” These agreements were to have the advantage of defining, from the point of view of member states, the limits of their obligation to provide such assistance, and, from the point of...

Ngày tải lên: 07/03/2014, 11:20

... 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on xlviii table of conventions the free movement of such ... Law Reports International Review of the Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of American States Organisation of African Unity Of cial ... additional aspects of the legal framework and considers it alongside the practice of the ‘war on terror’ since 11 September 2001 Since then, international lawyers have become more vocal and there is certainly...

Ngày tải lên: 16/03/2014, 13:20

... note, the word is a cognate of ‘rationality’, and thereby connotes a distribution based upon the exercise of reason, which is carried out fairly and even-handedly.3 This is the understanding of the ... Ngwena of the University of the Free State and Marius Pieterse of the University of the Witwatersrand in South Africa Last, but certainly not least, I thank Paula for her help, support and love ... patient on the grounds of the insufficiency of evidence of the safety and relative cost-effectiveness of the drug.31 Upon reversing the decision, it sought to refute media suggestions that the absolute...

Ngày tải lên: 23/03/2014, 10:20

... is the difference between the monthly return of government bonds and the one-month risk-free rate of the previous month The proxy of the default risk is the difference between the return of corporate ... maturity of 1-3 years and a market value weighted short position of the remaining maturities The construction of this portfolio is based on the sum of the intercept and residuals of equation 3, for the ... excess returns of the complete maturity spectrum of German Sovereign bonds and the month Euribor rate of the previous month ∆DS_Levelt and ∆DS_Slopet are the level and slope of the default risk...

Ngày tải lên: 29/03/2014, 06:21

... Gerard Braunthal of the University of Massachusetts, and Peter Euben of the University of California at Santa Cruz all read parts of the work and offered advice John Fairleigh of the Queen's University ... life of the nation; the President must define and explain to Congress and the people the nature of this threat; the perception of the emergency, the judgment that the life of the nation is truly ... restrain the exercise of powers of emergency How one approaches the former requires some understanding and appreciation of the second inquiry and therefore of the relationship between constitutions and...

Ngày tải lên: 30/03/2014, 01:20

... mechanisms, the role of public and private law in the protection of health and, finally, the legal framework of the provision of health services Several weaknesses in law as a tool for the protection of ... ethics and law, and the domestic administrative framework of vaccination in England and Wales, are examined The chapter gives an outline of the risks of infectious diseases common in the West and ... direction of public health law Understandings of health have changed, and are continuing to change These changes are challenging the prioritising of the role of medicine in the xli Law and the Public...

Ngày tải lên: 30/03/2014, 09:20

... Washington, and Wyoming of (1) all Federal lands other than withdrawals of the public lands 10 ———— Federal Land Policy and Management Act of 1976 administered by the Bureau of Land Management and of lands ... WITHDRAWALS (e) The Secretary shall determine and establish the size of tracts of public lands to be sold on the basis of the land use capabilities and development requirements of the lands; and, where ... dinate the land use inventory, planning, and man­ agement activities of or for such lands with the land use planning and management programs of other Federal departments and agencies and of the...

Ngày tải lên: 31/03/2014, 13:20

... (1982), and Cambell and Mankiw (1987) assume the stationarity of the rst log difference of the real GDP and emphasize on the usage of ARIMA models in an attempt to estimate the long-term trend of ... well as the U.S on aggregate exhibited distinct downturn of the real estate cycle between the third quarter of 2006 and the rst quarter of 2007 Finally we found that the state level economic and ... proximity from the economically dominant states plays quite a signi cant role in the formation of the business cycle patterns of the former group of states The business cycle patterns of the major...

Ngày tải lên: 03/06/2014, 02:10

... conditions of {sn}, {rn}{an}, g, they proved that {xn} converges strongly to an element of the set of variational inequality problem and the set of a common fixed point of a finite family of nonexpansive ... Iterative algorithms for finding a common solution of system of the set of variational inclusion problems and the set of fixed point problems Fixed Point Theory and Applications 2011 2011:38 ... Kangtunyakarn Fixed Point Theory and Applications 2011, 2011:38 http://www.fixedpointtheoryandapplications.com/content/2011/1/38 Page of 16 The set of solutions of (1.1) is denoted by V I(C,...

Ngày tải lên: 21/06/2014, 01:20

... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University...

Ngày tải lên: 05/08/2014, 22:20

... accepted that the law of nations comprised treaties and customs, but who argued that the overall purpose of the law of nations, derived from the law of nature,27 was that of securing and furthering ... Yearbook of International Law 506 515 at 506 See ibid Lorimer insisted on the exceptional dependence of the law of nations on the law of nature’ Lorimer, The Institutes of the Law of Nations, ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...

Ngày tải lên: 05/08/2014, 22:20

... in the appropriation of the property in, and of the sovereignty over, a part or the whole of the territory of a state, and when definitively accomplished, vests the whole rights of property and ... extended to the lower classes -and the dissolute members of the aristocracy of the imperial centre: 94 95 On these efforts and the importance attached to them, see Oppenheim, The Science of International ... basing the inquiry on the premise that the uncivilized were outside the law, and the positivist task was to define the terms and methods by which they were to be assimilated into the framework of law...

Ngày tải lên: 05/08/2014, 22:20

... all mandate agreements, that in the event of a conflict between the mandatory and any other member of the League of Nations as to the ‘interpretation or application of the provisions of the mandate’, ... respect More generally, the nineteenth century offers us an example of a far broader theme: the importance of the existence of the ‘other’ for the progress and development of the discipline itself ... as administrators of these territories on behalf of the League, and subjecting these mandatories to the League’s supervision.8 The legal structure of the Mandate System The Mandate System embodied...

Ngày tải lên: 05/08/2014, 22:20

... o n s 147 The Mandate System and the construction of the non-European state The mandates and the problem of sovereignty The primary novelty of the Mandate System for many jurists of the interwar ... sense of the final end of the Mandate System According to Article 22 of the Covenant, the primary purpose of the Mandate System was to secure the ‘well-being and development’ of the peoples of the ... independent of the mandatory state? Do the clauses of the covenant and mandate oblige the mandatory powers to devote themselves to the development of the territory and its population exclusively in the...

Ngày tải lên: 05/08/2014, 22:20