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- "Torture" in the Dock
- - SCENE 1 : Frankfurt, Germany, ? October 2002, early morning IN THE FRANKFURT police headquarters, the atmosphere is tense. Deputy Police Chief Wolfgang Daschner is losing patience. On the previous day, his officers arrested one Magnus Gägen, a 2 7 -year-old law student. Gäfgen is suspected of having kidnapped...
- Research articles 2008-12-01
- Dutch treat: Netherlands judiciary only goes halfway towards adopting Delaware trilogy in takeover context
- ABSTRACT This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States. The recent hostile takeover of the Dutch bank, ABN AMRO, provides an excellent example of the Netherlands' opportunity to use its judiciary to solidify its reputation as a...
- Research articles 2008-10-01
- Which rules? International sport and doping in the 21st century
- I. HISTORY, STRUCTURE, AND LEGAL STATUS OF THE OLYMPIC MOVEMENT II. DOPING AND THE GRAVE DANGER TO THE OLYMPIC MOVEMENT III. THE COURT OF ARBITRATION FOR SPORT IV. CONCLUSION I. HISTORY, STRUCTURE, AND...
- Research articles 2008-09-22
- Legal determinacy as presumptive fiction: the Blackmun papers on the primacy of life and the machinery of death
- Concerns for rationality and consistency have informed contemporary legal philosophy in no small measure. So-called "non-skeptic" jurists such as Ronald Dworkin (1) and Nell MacCormick (2) have been characterized as "formalist standard bearers" for their thoughts regarding the need for logical, deductive justification in the law and the application of...
- Research articles 2008-03-22
- 'Why can't a woman be more like a man?': American and Australian approaches to exclusionary conduct
- [Much of antitrust law in the United States or trade practices law in Australia is" about 'exclusionary conduct': things that large firms do to acquire an even larger share of the market or preserve their large market share .from being eroded by smaller rivals or new entrants. The object of...
- Research articles 2007-12-01
- Sons of Gwalia Ltd. v. Margaretic: the shifting balance of shareholders' interests in insolvency: evolution or revolution?
- [In Sons of Gwalia, the High Court of Australia found that shareholders who had been allegedly induced into purchasing shares in a company shortly prior to its insolvency by misrepresentations and inadequate market disclosure were able to lodge claims as creditors in the company's voluntary administration. The High Court interpreted...
- Research articles 2007-08-01
- Books received
- EDITIONS AND TRANSLATIONS: d'Aubigne, Agrippa. Les Tragiques. Champion Classiques Serie "Litteratures" 4. Ed. Jean-Raymond Fanlo. Paris: Honore Champion Editeur, 2006. 1120 pp. index. append. illus. tbls. chron. bibl. [euro]25. ISBN: 2-7453-1475-0. Durning, Louise, ed. Queen Elizabeth's Book of Oxford. Trans. Sarah M. Knight. Oxford: Bodleian Library, 2006. 128...
- Research articles 2007-06-22
- Recent titles in philosophy
- ABOULAFIA, MITCHELL. The Cosmopolitan Self: George Herbert Mead and Continental Philosophy. Champaign: University of Illinois Press, 2006. 169 pp. Cloth, $29.95; paper, $20.00. ABRAHAM, WILLIAM J. Crossing the Threshold of Divine Revelation. Grand Rapids: William B. Eerdmans Publishing Co., 2006. 212 pp. Paper, $20.00. ADAMS, NICHOLAS. Habermas and...
- Research articles 2007-06-01
- Troping prostitution: Jonson and "The Court Pucell"
- Sometime in 1609, Ben Jonson penned "An Epigram on the Court Pucell," a satirical poem in which he rails against Cecilia Bulstrode (c.1584-1609), Gentlewoman of the Queen's Bedchamber and kinswoman and friend of Lucy Harington Russell, the Countess of Bedford. Apparently responding to some critique of his person ("Do's the...
- Research articles 2007-06-01
- The Constitution in a Time of National Emergency: an interview with Judge Richard Posner
- In September, Oxford University Press published Not a Suicide Pact: The Constitution in a Time of National Emergency, written by Richard Posner, a judge on the US. Court of Appeals for the Seventh Circuit. Judge Posner's book, which explores how we might strike a balance between constitutionally protected liberties and...
- Research articles 2006-11-01
- The slow, just, unfinished demise of the Buckley compromise: Randall v. Sorrell
- In 1976, the Supreme Court decided Buckley v. Valeo, (1) laying out the fundamental compromise that has guided campaign finance decisions ever since. Buckley held that though the government could not restrict how much a campaign spent, it could restrict how much a person contributed to a campaign. (2) This...
- Research articles 2006-09-22
- Recent titles in Philosophy
- ABLONDI, FRED. Gerauld de Cordemy: Atomist, Occasionalist, Cartesian. Milwaukee: Marquette University Press, 2005. 128 pp. Paper, $17.00. ADLER, JONATHON E. Beliefs Own Ethics. Cambridge: MIT Press, 2002. xv + 375 pp. Cloth, $40.00. ALLEN, BARRY. Knowledge and Civilization. Boulder: Westview Press, 2004. x + 342 pp. Cloth, $95.00;...
- Research articles 2006-06-01
- Scalise v. Boy Scouts of America
- Below is an excerpt-minus some legalisms-of a request before the Supreme Court to hear a case challenging a partnership between a public school district and Boy Scouts of America, which excludes nonreligious children recruited through the schools. The case has been brought by Michigan Foundation member John Scalise at personal...
- Research articles 2006-05-01
- Books received
- EDITIONS AND TRANSLATIONS: Barker, Roberta, ed. Common Conditions [?1576]. The Malone Society Reprints 168. Oxford and New York: Oxford University Press, 2004. Reprint. xxx + 56 pp. append. illus. $49.95. ISBN: 0-19-729044-2. Bathe, William. A Briefe Introduction to the Skill of Song. Ed. Kevin C. Karnes. Music Theory...
- Research articles 2005-12-22
- 'Fraud on the market': judicial approaches to causation and loss from securities nondisclosure in the United States, Canada and Australia
- [Shareholder actions arising from misstatements and nondisclosure have been part of the legal landscape in the United States for some time. The Wall Street stock market crash of the 1920s saw the early development in the United States of strong laws for the protection of investors in the stock market,...
- Research articles 2005-12-01
- Books received
- EDITIONS AND TRANSLATIONS: Castellion, Sebastien. Dialogues Sacres: Dialogi Sacri Premier Livre. Eds. David Amherdt and Yves Giraud. Geneva: Librairie Droz S. A., 2004. 264 pp. index. append. gloss. bibl. [euro]42. ISBN: 2-600-00930-2. Ceresara, Paride. Rime. Fondazione Banca Agricola Mantovana. Biblioteca Mantovana 1. Ed. Andrea Comboni. Florence: Leo S....
- Research articles 2005-09-22
- Recent titles in philosophy
- ABBEY, RUTH, ed. Charles Taylor. New York: Cambridge University Press, 2004. xi + 220 pp. Cloth, $60.00; paper, $20.00. ABOULAFIA, MITCHELL, MYRA BOOKMAN, AND CATHERINE KEMP, eds. Habermas and Pragmatism. New York: Routledge, 2002. xi + 244 pp. Paper, $24.95. ABUMALHAM, MONTSERRAT, ed. Ley y religion. Madrid: Servicio...
- Research articles 2005-06-01
- Public Law
- PUBLIC LAW. By Adam Tomkins. (1) Oxford: Clarendon Press, 2003. Pp. xx, 231. $24.95. American constitutional lawyers have always been curious about British public law. Blackstone, of course, was the most widely-read legal work in the early republic. More recently, the United States Supreme Court has construed Congress's power...
- Research articles 2004-12-22
- Should public relations experts ever be privileged persons?
- INTRODUCTION Over the past decade, the media fixation with pursuing crime stories has made it increasingly difficult for persons accused of a crime to enjoy a fair judicial process. (2) The media's concentration on trials to increase ratings and profits delivers what the voyeuristic public wants to see: raw...
- Research articles 2004-11-01
- Virtual shareholder meetings: who decides how companies make decisions?
- [There is no consistent theoretical conception of the corporation either in the Australian corporations legislation or in the case law. This poses interpretive quandaries for courts when confronted with provisions in a corporate constitution which may be inconsistent with the policy underlying a provision of the corporations legislation and/or address...
- Research articles 2004-08-01
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