scholarly journals The Sh(e)aring Economy. Debates on the Law on Takings

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 54
Author(s):  
Nofar Sheffi
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
The Body ◽  
The Common ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Rethinking ‘sharing’ and the relationship between ‘sharing’ and ‘jurisdiction’, this meander proceeds in three parts. It begins with a journey to and through the forests of the nineteenth-century Rhineland, rereading Marx’s journalistic reports on debates in the Sixth Rhine Province Assembly about proposed amendments to forest regulation (including an extension of the definition of ‘wood theft’ to include the gathering of fallen wood) as a reflection on the making of law by legal bodies. From the forests of the Rhineland, the paper journeys to the forests of England, retracing the common story about the development, by legal bodies, of the body of common law principles applicable to ‘innkeeping’. Traveling to and through the ‘concrete jungles’ of the United States of America, the paper concludes with a reflection on Airbnb’s common story of creation as well as debates about the legality of Airbnb, Airbnb-ing, and ‘sharing’.

The Law of Personal Status: Wives, Paupers, and Slaves

2019 ◽  
pp. 173-212
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Common Law ◽  
White Men ◽  
The United States ◽  
Political Rights ◽  
Poor Laws ◽  
Marriage And Divorce ◽  
The Common ◽  
The Law

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.

Principles of Internet contracting: Illuminating the shadows

2019 ◽  
Vol 48 (4) ◽  
pp. 208-232
Author(s):  
Caterina Gardiner
Keyword(s):  
United States ◽  
United Kingdom ◽  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
Contract Law ◽  
Contract Formation ◽  
The Common ◽  
The Relationship

The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons, for example, to facilitate the development of e-commerce, or to achieve a result that is considered fair, rather than on sound principles of contract law. There may also be some uncertainty arising from the relationship between statutory consumer protection rules and common law contract formation doctrine. The enforceability of Internet contracts in the common law courts remains unpredictable. This article argues that although Internet contracting may raise distinctive contract formation issues, it is possible for the judiciary to invoke the inherent flexibility of the common law, to take into account the specific characteristics of Internet contracts, while still adhering to established contract law doctrine and maintaining a principled approach.

scholarly journals Rise in the Freedom of Contract: Development and Enforceability of Forum Selection Clauses

2014 ◽  
Vol 3 (1) ◽  
pp. 43-59
Author(s):  
Shreyan Sengupta ◽  
Anirudhya Dutta
Keyword(s):  
United States ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
Law System ◽  
Freedom Of Contract ◽  
The United Kingdom ◽  
Evolution And Development ◽  
The Common ◽  
Judicial Interpretations

Corporations and business houses of the present day require sound redressal mechanisms to mitigate commercial disputes with ease and efficiency. „Forum selection clauses‟ are an easy way out of the turmoil often faced by firms during contractual disputes. Traditionally, the United Kingdom and the United States of America have been very restrictive about enforcing forum selection clauses, however liberalizing it very recently. This article through doctrinal study shows the present situation for forum selection enforcement in India and United States. Courts in India generally have followed the trend as laid down in the United States. There have been diverse judicial interpretations regarding validity of forum selections clauses across the common law system. The article discusses the judicial interpretations which has led to the evolution and development of such contract clauses.

The Rights of Shareholders

1953 ◽  
Vol 2 (4) ◽  
pp. 564-578
Author(s):  
F. de Sola Canizares
Keyword(s):  
United States ◽  
United States Of America ◽  
Western Europe ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Private Capital ◽  
General Survey ◽  
English Speaking ◽  
The Common

We propose here to lay before English-speaking lawyers a general survey of the rights of shareholders in that form of société, which is described in continental law as société anonyme, compagnie anonyme or société par actions; and we shall endeavour to do it in a way which will be easily understood by “common” lawyers. We shall be considering in general continental rights, that is to say, those prevailing in the civil law countries not only of Western Europe but also of Latin America. We shall leave aside the Soviet countries, where the problems of shareholders' rights do not arise in the same way as under the so-called capitalist régimes; it may even be said that in fact there are no sociétés anonymes there with private capital and therefore these problems do not arise in practice. We shall also disregard the law of the United States of America, which lies within the common law framework and is more accessible to English lawyers.

Gender Identity, the Sexed Body, and the Medical Making of Transgender

2020 ◽  
Vol 34 (6) ◽  
pp. 1005-1033
Author(s):  
Tara Gonsalves
Keyword(s):  
United States ◽  
Gender Identity ◽  
External Genitalia ◽  
The United States ◽  
The Body ◽  
The 1960S ◽  
Definition Of ◽  
New Formulation ◽  
The Relationship

In this article, I argue that the medical conceptualization of gender identity in the United States has entered a “new regime of truth.” Drawing from a mixed-methods analysis of medical journals, I illuminate a shift in the locus of gender identity from external genitalia and pathologization of families to genes and brain structure and individualized self-conception. The sexed body itself has also undergone a transformation: Sex no longer resides solely in genitalia but has traveled to more visible parts of the body, implicating racialized aesthetic ideals in its new formulation. The re-imagining of gender identity as genetically and neurologically inscribed and the expanding locus of sex correspond to an inversion of the relationship between gender identity and the sexed body as well as shifts in medical jurisdiction. Whereas psychiatrists in the 1960s, ’70s, and ’80s understood gender as stemming from genital sex, the less popular idea that gender identity precedes the sexed body has gained traction in recent decades. If gender identity once derived from the sexed body, the sexed body must now be brought into alignment with gender identity. The increasing legitimacy of self-defined gender identity, the expanding definition of racialized sex, and the inversion of the sex–gender identity relationship elevates the role of surgeons in producing racialized and sexed bodies.

Choice of Law Methods in the Private International Law of Contract

1981 ◽  
Vol 18 ◽  
pp. 161-200
Author(s):  
Joost Blom
Keyword(s):  
United States ◽  
International Law ◽  
Common Law ◽  
The United States ◽  
Private International Law ◽  
Legal Systems ◽  
Choice Of Law ◽  
The Common ◽  
The Law ◽  
Contractual Obligations

This article examines the choice of law methods developed in four legal systems for problems relating to the substantial or essential validity of contracts. The complicated questions of formation and capacity have had to be left aside. The first two parts of this article discussed the choice of law methods used by courts in France, Germany, and the United States. This concluding part deals with the law in England and the common law jurisdictions in Canada, and also, by way of epilogue, with the recently completed European Communities Convention on the law applicable to contractual obligations. Finally, some general conclusions will be offered about the patterns of law that have emerged in the course of this survey.

Torts and Other Wrongs

2019 ◽  
pp. 1-26
Author(s):  
John Gardner
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Common Cause ◽  
England And Wales ◽  
The Common ◽  
The Law

This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

Sign in / Sign up

Export Citation Format

Share Document