scholarly journals A Supplement to a Treatise on the System of Evidence in Trials at Common Law, Containing the Statutes and Judicial Decisions. 1904-1907

1908 ◽  
Vol 6 (3) ◽  
pp. 274
Author(s):  
V. H. L. ◽  
John Henry Wigmore
Keyword(s):  
Common Law ◽  
Judicial Decisions

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

Parallels between Talmudic and New York Usury Laws

1966 ◽  
Vol 9 (1) ◽  
pp. 84-100 ◽  
Author(s):  
Bernard J. Meislin
Keyword(s):  
United States ◽  
New York ◽  
Economic System ◽  
Common Law ◽  
The United States ◽  
Jewish Law ◽  
Special Situation ◽  
Judicial Decisions ◽  
Legal Limits ◽  
Communist Countries

The two jurisdictions with the greatest volume and complexity of laws dealing with usury are the United States and Israel. England, the wellspring of our common law, and one of present-day Israel's legal fonts, did away with all regulation of interest over a century ago. All of continental Europe contains only two or three jurisdictions which apply legal limits to interest on loans. The communist countries present a special situation since private loans at interest have no official place in the economic system. Islamic countries, like Pakistan, constitutionally frown on interest but it is present in practice, thereby embarrassing the secular authorities. However, the extent of legal experience with loans at interest in all other jurisdictions combined does not rival that wealth of elaborate study which is to be found in judicial decisions and legislative documents in American and Jewish law. It is, therefore, of interest to examine from a comparative standpoint the approach to usury taken by United States' courts and by Jewish legal authorities to see in which respects they differ and are similar.

A Curious Decision by Zambia’s Highest Court: Six Years Imprisonment for Civil Contempt?

2019 ◽  
Vol 12 (2) ◽  
pp. 115-138
Author(s):  
Christopher Phiri
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Judicial Power ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
The Common ◽  
The Law

Abstract On 23 November 2018, the Supreme Court of Zambia delivered a judgement which suggests that Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court anyone who criticises their judicial decisions. This article considers that judgement. It argues that whilst justice might well have been done in the case in question, it was certainly not seen to be done. Two main reasons are given for this argument. First, the judges appeared to have acted both as prosecutors and adjudicators in their own cause when it was neither urgent nor imperative to act immediately on their own motion. Second, the classification by the Court of the contempt in question as civil contempt rather than criminal contempt is alien to the common law world. The article culminates in a clarion call for the Zambian legislature to intervene and clarify the law of contempt of court to avert capricious and unbridled invocation of the judicial power to punish for contempt.

Forty Years of Public Law

1990 ◽  
Vol 24 (3-4) ◽  
pp. 341-355 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Common Law ◽  
Public Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Decisions ◽  
Comprehensive Survey ◽  
Intellectual Revolution ◽  
Do So

It would be impossible in a short lecture to give a comprehensive survey of all the changes that have occurred in the last forty years in that branch of law known as “Israel common law”. I will not, therefore, try to do so. Instead, I wish to single out the most distinctive phenomenon in this area of law. I refer to the conceptual/intellectual revolution in the outlook of the court regarding the nature of its judicial function. The original view, according to which the sole function of the court in the area of public law is to decide disputes between citizens and public authorities, has been abandoned and replaced by an outlook that views the court as an institution responsible for the legality of public administration, or, as the court itself is accustomed to defining the matter, for the rule of law.I shall divide my discussion into two parts. In the first part I will briefly discuss the prominent changes that have occurred in the judicial decisions regarding public law in recent years, and the judicial philosophy underlying these changes.

scholarly journals Fairness and Managerial Rights in Canadian Arbitral Jurisprudence

2005 ◽  
Vol 39 (3) ◽  
pp. 538-552
Author(s):  
E.G. Fisher ◽  
L.M. Sherwood
Keyword(s):  
Common Law ◽  
Judicial Decisions ◽  
Collective Agreements

This paper examines the duty of fairness as applied to management's rights under collective agreements in common law jurisdictions and concludes from recent arbitral and judicial decisions that it is somewhat of a dead issue, although clarification may be required.

scholarly journals THE STUDY ON THE SEPARATION OF OWNERSHIP AND CONTROL OF MALAYSIAN COMPANIES

2019 ◽  
pp. 36-44
Author(s):  
Kamaliah Salleh ◽  
Noor ‘Ashikin Hamid ◽  
Noraida Harun ◽  
Asiah Bidin ◽  
Zuhairah Ariff Abd Ghadas
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Common Law ◽  
Best Interests ◽  
Board Meeting ◽  
Judicial Decisions ◽  
Legal Position ◽  
The Common ◽  
And Control ◽  
Made In

The members own the company by virtue of their shareholding and the directors manage and exercise control over the company’s affairs through the company’s board meeting. Despite segregation of powers and roles between the members and directors, there has been an inclination on the part of the members to participate to a greater extent in the company’s affairs. This paper aims to establish the legal position as between the directors and members that reflect the separation of control and ownership in the company under the common law and the Malaysian law. The method used in this study is the content analysis of the reported Malaysian and international law cases as well as the statutory provisions in order to examine the legal position established under the common law, the previous Companies Act 1965 and the newly introduced Companies Act 2016. The study reveals that the separation between the two has long been recognized and upheld by the common law as well as the Malaysian Acts. The introduction of section 195 of the Companies Act 2016, however, allows members to raise their voice in relation to matters which are within the powers of directors, hence the separation becomes slightly vague. In the absence of the latest judicial decisions to test the application of section 195, further review on its application may be required in order to determine methods to measure if a members’ recommendation is truly made in the best interests of the company.

scholarly journals Ludzka próbka biologiczna wykorzystywana dla celów naukowych jako przedmiot prawa cywilnego

2015 ◽  
pp. 91-136
Author(s):  
Dorota Krekora-Zając
Keyword(s):  
Human Body ◽  
Biological Samples ◽  
Legal Status ◽  
Common Law ◽  
Historical Evolution ◽  
Legal Practice ◽  
Potential Influence ◽  
Judicial Decisions ◽  
Italian Law ◽  
The Common

The article is concerning analysis of legal status of human biological samples used in research purposes. Historical evolution of human body status, possible use of human biological samples and legal status of human biological samples under the European Community, Polish, Italian Law has been described in the article, as well as regulation in the Common Law countries. In author’s opinion the human biological samples should be recognized as a res for the legal purposes. Aforementioned approach provides the best protection of interests of both donors and biobanks. Paper contains conclusions de lege lata and de lege ferenda, including proposals of future legislation regarding biobanks and potential influence of foreign courts judicial decisions in this area on Polish legal practice.

scholarly journals Contract Interpretation Law in Australia: It Is a Maze, Not a Straight Way

IUSTA ◽  
2015 ◽  
Vol 2 (41) ◽  
Author(s):  
David Echeverry Botero
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Research Paper ◽  
Legal Issues ◽  
Law System ◽  
Judicial Decisions ◽  
Australian Case ◽  
Common Law System ◽  
Do So

In Australian common law system, there are discrepancies between the judicial decisions regarding the interpretation of contracts. In this research paper, I intend to clarify legal issues that cause these differences. In addition, I discuss the implications of adopting more specific rules in Australia. To do so, I compare the Australian case to other countries with civil law systems that have established similar norms. Then, I advocate for developing and adopting a law that is in accordance with current<br />international principles.

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