117 research outputs found

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    Federal Courts in Foreign Systems

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    A COMPARISON OF CONTINENTAL AND AMERICAN LEGAL EDUCATION

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    Legal education in the United States has become more and more a part of university education and the activity of the American university law school is a matter which invites comparison with the law schools of foreign universities. This is true particularly because the system of university legal education has recently also become a problem in this country. In 1930 Abraham Flexner published his instructive, but possibly not altogether unbiased, book on universities in which he pictured American, English and German universities. The author gave all his attention to the teaching of science, however, and did not discuss law schools, because he felt he was not familiar with the subject. In the following pages an attempt is made to give some account of legal education in European universities, particularly in Germany and Italy, based on the personal experience of the writer. But, of course, in order to evaluate and to understand better the activity of these law schools, they must be considered in connection with the legal education as a whole, with their aims and their traditions, and, last but not least, in connection with the legal system and its administration

    Jurisdiction in Bankruptcy

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    It has been argued that organic farming sustains a higher biodiversity than conventional farming. This might promote the ecosystem services that exist in agricultural landscapes such as pollination and pest control. Here, I examined the effect of farming system (organic vs. conventional) with respect to the time since farming system transition, landscape heterogeneity and plant richness on pollinating and predatory insects. In total, data from 30 farms were used, of which 20 were organic and 10 were conventional. The data were analyzed using general linear models and model averaging. The results show that insect groups responded differently to various factors. Pollinators were more sensitive to landscape complexity, showing an increase of abundance and species richness with an increased heterogeneity. Predators on the other hand reacted to farming system, where there was an increase in abundance and species richness on organic farms

    Sovereign Immunity in Perspective

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    The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdiction of national courts is rooted in two bases of international law, the notion of sovereignty and the notion of the equality of sovereigns. There is no need to rehearse the historical growth of these foundations of the modern international community. Suffice it to say that E.D. Dickinson\u27s celebrated study, The Equality of States in International Law, furnishes a detailed account of the evolution of these notions. Although historically the recognition of the jurisdictional immunities of foreign states may have been intertwined with the recognition of the immunity of foreign sovereigns as rulers and of the immunity of foreign ambassadors as their representatives, its juridical foundation rests on the principals of sovereignty, independence, equality and dignity of states and, additionally, on the ideas of reciprocity, comity among nations and avoidance of unilateral action in international affairs. Couched in the telling maxim, Par in Parem imperium non habet, the principle of sovereign immunity is recognized in the jurisprudence of most nations

    Review of “The Law of Nations,” By Marcellus von Redlich

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    New United States Patent Act in the Light of Comparative Law I

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    The Changing Face of Globalism - The New Global Technology Regime

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    Mr. Riesenfeld Replies to Mr. von Redlich

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