Dissertations / Theses on the topic 'Droit à la santé – États-Unis'
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Hosseinzadeh, Sereshki Shaghayegh. "Droit à la protection de la santé et Constitution : étude comparée en droit français et en droit américain." Electronic Thesis or Diss., Université Paris Cité, 2020. http://www.theses.fr/2020UNIP5212.
Full textThe right to protection of health is essential for the well-being of all. It implies guaranteeing everyone equal access to the health care necessary to their health, without discrimination. There is an inherent link between the constitution of a nation and the protection of the health of individuals within that nation. An individual with poor health will not be able to fully enjoy his life and develop his or her full potential. In the French constitution, the right to health is proclaimed unlike the American Constitution which does not recognize this right expressly. The author attempts to demonstrate that federal and state legislators, as well as the Supreme Court, take into account the existence of a right to health protection in the United States. Moreover, French constitutional law on health protection has evolved slowly over time. The protection of health was a long-standing concern of the first constituents and is, for the first time recognized as such by the Constitution of the Second Republic. With respect to the constitutional system of the United States of America, the Federal Constitution of 1887 does not recognize a right to protection of health. This recognition could have taken place in 1944 with Franklin Roosevelt's proposal for a Second Bill of rights recognized social and economic rights such as the right to have access to medical care. Franklin Roosevelt died before he was able to amend the constitution. Even though health care is not a constitutional right, it has been protected by the Supreme Court for the benefit of prisoners and women when they decide to resort to abortion. However, at the State level, some States recognize a right to health. This recognition is explained by the different political cultures of each State. The aim of this comparative study is to demonstrate that the right to protection of health is a fundamental right, intimately linked to the development and happiness of each individual, as well as to the collective well-being of humanity. It also recognizes that constitutional protection of this right is necessary and of the utmost importance for it to be effectively applied
Martinent, Éric. "La notion d'accès au soins en droit." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_martinent_e.pdf.
Full textThe notion of access to health care law stands the right of access to care and lets say the differences between the existing legal regimes and access to care as a social fact. The interest of a study on the concept of access to care is to think its emergence in the history of law and its materiality in positive law on vis-ŕ-vis the rights of freedoms of the Act and the relationship Medical. The emergence and tensions concerning questions of law relating to debt securities, to equal access to health care office and the problem of equality and acceptance or not of those who may be located distributive justice in the matter vis-ŕ-vis the scarce goods, citizenship, equality & c. Geographic These distinctions can be understood, first, that under the guise of studying the baskets of goods and service existing health and, secondly, in the conceptions of the social contract and social justice in the material, vis-ŕ-vis, the concept of public service (universal) health and social protection schemes end of political philosophy. The study of the emergence and principled technique is noteworthy for not paying in a relativistic conception of access to care remains, like the key to medicine, always an ethical question and tragic. Under French law, is covered under the Social Republic and the Republic must be appreciated that liberal Republic of care in the happy synthesis of the ethicality of our rule of law vis-ŕ-vis the Republican principles , freedom (tension between freedom and autonomy), equality (formal and material) and brotherhood
Lallemand-Stempak, Jean-Paul. "Peaux noires, blouses blanches : les Afro-Américains et le Mouvement pour les droits civiques en médecine (1940-1975)." Paris, EHESS, 2015. http://www.theses.fr/2015EHES0150.
Full textThis dissertation explores the role of medicine inside the Civil Rights Movement in the United States between the 1940s and 1975. Its aim to explain how African-Americans took advantage of medical issues and linked them to a political discourse in order to put an end to segregation and medical discriminations they suffered. At the crossroads of African American History, Social History and History of Medicine, this work analyses the strategies of the actors -physicians, associations, activists and the federal government - involved in this movement. The first part traces the origin of the Movement through the study of the scandal of the segregation of african-american blood donors by the American Red Cross during World War II. This scandal raised awareness for African-American associations about the key role played by medical issues in the struggle for civil rights. The second part focuses on the institutionalization of the movement led by the postwar NAACP. From a strategy of negotiation with the federal government, the NAACP -with the support of a few African-American physicians - was oriented, from 1954, toward a legal strategy to sue the practice of medical segregation. Eventually, in 1966, this militancy, combined with a federal will to impose desegregation, put an end to segregation in the medical community. The third part examines the continuity of the Movement after 1965 through the study of the first community health centers in the history of the United States. These centers were the site of conflicting discourses on the role to be played by the Black Power Movement in medicine
Berguig, Carole. "Comparaison des réseaux de santé et des HMOs américains." Paris 8, 2004. http://www.theses.fr/2004PA082584.
Full textTo carry out a comparative analysis of the networks of French and American health ; it is to highlight convergences and the differences in these two forms of assumptions of responsibility. The WHO revealed in his recent report, in 2000, that the healthcare systems of the compared countries recorded results in terms of health which were not with the height of the committed expenditure. However, the increase in the expenditure of health is a major concern with which the whole of the industrialized countries is confronted and are currently in the search of solutions to reduce this expenditure. It is in this context of regulation of self care which the comparative studies take all their direction and in particular when the experiments or the devices set up abroad can make followers and inspire the professionals of French health (insurers, economists of health, doctors, researchers, etc. ). The problems developed in this work, rest on the study of the operation of the networks of health and on that of HMOs. The inspiration comes from the American methods with regard to the assumption of responsibility in certain networks, i. E. In a coordinated and total way
Moncada, Marie. "L’homéostasie idéelle. Comprendre la stabilité de l’accès aux soins des étrangers irréguliers en France et aux États-Unis (1970-2016)." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV028/document.
Full textHow to understand the stability of the access to care for unauthorized immigrants in France and in the United States, from 1970 to 2016, regarding the controversies and the reforms this access is subjected to? This PhD dissertation uses two hypotheses: on one hand, negative feedbacks would control the French policy; on the other hand, a deep core belief seems to stabilize the US one. A mixed analysis (qualitative and quantitative) is done with the NVivo software on data written by interest groups (680 files in France, 881 in the United States), the press (15 625 and 16 970), the Parliament (1 366 and 1 110) and the administration (190 and 105). A hundred of interviews refined the results.This analysis ends in a belief homeostasis pendulum highlighting three activities of the deep core beliefs: a belief locking (self-censorship), a positive feedback (self-reinforcing) and a negative feedback (self-correcting). In this sense, the US policy is subjected to a belief locking while its French counterpart is dominated by negative and, to a lesser extent, positive feedbacks. But these two countries have their own deep core beliefs. The French deep core, originated from Catholicism, is tolerant towards infringement and favors equality. On the contrary, the US deep core, deriving from Protestantism, is less lenient towards breach and opts for liberty
Corbel-Ecalard, Catherine. "La prévention du risque sanitaire à travers deux modèles : la France et les Etats-Unis d'Amérique." Université de Rennes 1, 2010. http://www.theses.fr/2010REN1G025.
Full textRisk is an inherent aspect of humanlife. Health is one's most precious asset. Undoubtedly, these statements are shared in France and in the US. Nevertheless, once combined together, these two notions not only might be dreadful but also may not be tolerated, unbearable even. Our society has become "risk averse" and individuals, whether they are citizens, patients, or consumers, demand for significantly more protection. If prevention appears to be the best tool to meet their needs, with the caveat that the risk is known, does it, nonetheless, consist in a guaranty, which can be claimed on each side of the Atlantic ? Is it a one-way commitment or do citizens have obligations as well ? The pressing need to prevent the health risk may be contrary to protected liberties, therefore a legal setting is critical to settle conflicts and manage abuses. This study will aim to point out similarities and specificities in implementing preventative health risk acitivities, from both a French and a US standpoint
Jeans, Emmanuelle. "Procédures préalables aux études cliniques dans l'Union européenne : situation présente dans les États membres actuels et potentiels, et projet d'harmonisation." Bordeaux 2, 1998. http://www.theses.fr/1998BOR2P092.
Full textIhout, Sophia. "Approche comparative des soins psychiatriques et des libertés individuelles des patients en droit français et anglo-américain." Thesis, Paris 8, 2019. http://www.theses.fr/2019PA080034.
Full textToday, the quality of psychiatric care represents a public health issue. More than one person in four is exposed to mental disorders throughout his / her life. Care can be provided in mental institutions (inpatient care) or in the city through medical consultations (outpatient care). Psychiatric hospitalization can be voluntary or forced but it must respect some important criteria in order to enforce his fundamental rights and civil liberties. Indeed, psychiatric care cannot be separated from the exercise of the patient’s rights. Yet psychiatry did not always have a good reputation. Accused of being useless and dangerous to the sick, psychiatric care is deeply associated with the use of contention. Poor health conditions in mental institutions and physical abuse have undermined the standing of psychiatric care throughout the 19th and 20th centuries: enchainment, molestation, humiliation, malnourishment of the “insane”, use of seclusion, sedation and physical contention (restraint straps), etc. The institutional psychotherapy and the antipsychiatric movements have emerged in order to put an end to these forms of abuse and improve the quality of care and health conditions in mental institutions. Nowadays, the purpose of these currents of thoughts is to ensure the patient’s fundamental rights and improve the standard of care. Mental institutions must not constitute a place of confinement and segregation. Quality of care must be associated with the exercise of rights such as the freedom of movement in and out of the hospital, the right to correspondence or to refuse a treatment, etc. However, recent cuts in the financial resources of hospitals create great difficulties regarding the quality of care and the respect of patients’ rights: staff reduction, CCTV implementation, patient seclusion in their own room, etc. French, British and American laws will be compared in order to tackle their resemblances and differences regarding involuntary hospitalization. Our subject will also include inmates and homeless people suffering from mental disorders and their medical care when available. Access to care is especially difficult for these patients due to their precarious situation or the resistance of prison authorities. Then, medication safety and efficiency will be addressed: indeed, it constitutes the first source of psychiatric care along with mental institutions
Powell, Roussin Lydie. "Etats-Unis : les Health maintenance organizations : une alternative a la faillite du système de santé." Paris 7, 1992. http://www.theses.fr/1992PA072144.
Full textGliozzo, Thomas. "L'Etat fédéré américain." Paris 5, 2002. http://www.theses.fr/2002PA05D001.
Full textThe constitutional and political organization of the American States is not well-known in France. In comparaison to the very high number of studies focusing on the legal system of the United States, this lack of interest toward the States can not be justified. Once independent in 1776, the thirteen former English colonies directly inspired the Philadelphia delegates who, eleven years later, would give birth to the united States of America. Since then, Americans are governed much more under state law than under federal law. It makes sense that a knowledge of state law should then be a prerequisite to the learning of federal law. Meanwhile, the main difficulty to understand state law comes from the diversity of the American States. Despite similar administrative and constitutional frameworks, the states are much more different than close, and it would be unrealistic to attempt the description of a model State. However, facing a federal government whose tendancy to centralization is always alive and the consequences of direct democracy legislations that threaten their representative democracy, the States have reacted in the same direction : a resfusal to admit the slightest right to an effective self-local governance and, since the seventies, a professionalization of their respective legislatures and governors
Turcon, Rémi. "L'investissement direct étranger aux États-Unis : aspects juridiques." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32014.
Full textThis thesis is in fact a pratical guide for the foreign owner of an entreprise who wants to invest in the united states; the goal of this thesis is to describe the principal judicial mecaniums in relation with foreign direct investments. The principal topies studied are : 1) restriction on foreign investments (in the field of communication; transportation; energy; banking activities). 2) reporting and disclosure requirements of foreign investments. 3) legal structures adapted to foreign investments. 4)the tax regime of foreign investments. 5) state and local incentives to foreign investments. 6) laws regulating investments in general (antitrust contraints on foreign investments; labor law; environmental law). 7) specific problems of immigration law (non-immigrant visa and immigrant visa)
Merchant, Jennifer. "L'intimité publique : Etat et procréation aux Etats-Unis, : 1965-1994." Paris, Institut d'études politiques, 1997. http://www.theses.fr/1997IEPP0003.
Full textPiorkowski, Sandrine. "L'eugénisme et les politiques de santé publique aux Etats-Unis, 1870-1932." Aix-Marseille 1, 2010. http://www.theses.fr/2010AIX10028.
Full textRemy-Goutard, Axelle. "La communication entre actionnaires en droit américain : réglementation fédérale de 1992." Paris 1, 1997. http://www.theses.fr/1997PA010258.
Full textThe SEC's october 16th, 1992 actions were far reaching and represent a permanent change to the fabric of registrant-shareholder communications and to the traditional rules of the annual meeting process. However, since shareholders still may not solicit a proxy without a definitive proxy statement, it is doubtful that the proxy rule amendments will convert institutional activism into election contests across the board of directors. The ability to commence a solicitation prior to the delivery of a proxy statement, better access to the shareholder lists or mailings, and more flexibility on the use of solicitation materials, however, should give institutional shareholders the coordinated ability to act as a critical player in the event an insurgent commences a proxy contest. Consequently, the proxy rule amendments encourage a new hard look at this form of a control contest
Tohme, Rola. "Communication et interaction dans le domaine de la santé : une évaluation économique de l'expérience nord-américaine." Paris 9, 1988. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1988PA090044.
Full textThe health care system is facing increasing problems due to changes in the social, technological, demographical and economical environments. The use of telecommunication technology to assist in the delivery of health care and related services has increased over the past few decades. It is called telemedicine or telehealth. This research deals with two main question : do telehealth networks allow for a greater efficiency in the use of the available resources? do they constitute a breaking-down point with the existing health care paradigm? three disciplinary points of views are adopted. The firts historical approach traces the development of telehealth in the united-states. Their technical characteristics and their role are analyzed. The second perspective investigates the efficiency of telehealth networks. Concerning medical services the impact of telehealth along two major dimensions is measured : accessibility to health care (spatial and temporal barriers) and the patient trajectory in the health care system. For image-data management, the cost price of a centralized digital image management system is compared to the cost price of a peripheralized one (pacs). And concerning educational services and according to the results of our survey, the savings associated with continuing medical education using telecommunication technology are put forward. In the last systemic approach, the similarities between this innovation and the medical ideology are analyzed, as well as the social and psychological issues at stake
Tercinet, Anne. "La lutte contre les cartels internationaux : réflexion sur un modèle à l'aune du droit américain." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/out/theses/2010_out_tercinet_a.pdf.
Full textInternational cartels are economically harmful. In 1927, the League of Nations was already concerned about them. The attempts at emergence of international competition law since then have failed, but nowadays more than ninety States worldwide have equipped themselves with antitrust laws. Still, few are effective in this fight. The United States has distinguished itself from the other countries by the novelty and the efficiency of its means, even if economists qualify this success. Being a country of Common Law, its procedural law is an asset in private enforcement in order to overcome the obstacle of proof by discovery -- a tool it has been able to refine -- and to incite consumers to defend their rights thanks to class actions, and other punitive damages. But the international character of these cartels precludes private enforcement from coming first in this fight, allowing it only to support public enforcement by the threat it constitutes. American public enforcement is of a criminal nature, and engages the liability of the companies involved as well as their managers. Political determination has allowed public enforcement in the United States to be strengthened by an innovative process of inciting denunciation (leniency), by mechanisms of international cooperation and, in 2004, by a toughening of penalty policy. Although the American model has not been adopted as such by countries eager to fight international cartels efficiently, the European Union as well as several States do borrow the tools developed by American antitrust law
Tchiakpe, Iréné Patrick. "Les théories de l'interprétation constitutionnelle aux Etats-Unis." Paris 10, 1992. http://www.theses.fr/1992PA100047.
Full textHow to determine the meaning of the american constitution. Over the last decade, people who write about constitutional law have been debating a question so abstract that those who focus on it have co -me to call themselves theorists. The question is whether the cons-titutional text shoud be the sole source of meaning, or whether judges should supplement the text with an unwritten constitution that is implicit in natural law, common law, conventional morality, and so on. . . It is common to call the opposing schools of thought on the question "interpretivist" and "non-interpretivist", "textualist" and "non-textualist". To these two schools, the last few years have added a third group of constitutional theorists (critical legal studies) : their thesis is that law in general and the u. S. Constitution in particular, is essentially indeterminate. These theorists insist that legal texts, no less than literary, religious or musical texts, can be read in an infinite variety of ways
Dyevre, Arthur. "L' activisme juridictionnel en droit constitutionnel comparé : France, États-Unis, Allemagne." Paris 1, 2008. http://www.theses.fr/2008PA010266.
Full textChaïb, Linda. "Citoyenneté, droit de vote local et immigration : les expériences nord-américines et françaises." Paris 4, 2005. http://www.theses.fr/2005PA040118.
Full textThis dissertation compares the political debates around the proposal to grant local voting rights to foreign residents –that is to say to new immigrants – in France and in the United States. The first part retraces the historical evolution of the legislation on citizenship and nationality in each country, then introduces their respective model of political participation. In both cases, the attribution of citizenship has become with time a prerogative essentially of the central State (in the American case, of the federal government), but in America it has remained formally within the policy remit of States. The French model of local participation is more strongly centered than the American one on the notion of representative democracy, and tends to leave little place to civil society in decision-making mechanisms. The thesis then analyses the contemporary claims for local voting rights of foreign residents in the two countries. While most American cities remain closed to this type of demands, some have seized on the legal possibility that still exists in their State to grant local voting rights to their foreign residents. French cities, deprived of this possibility, have at best attempted to set up limited experiments in consultation and direct democracy for their foreigners. The last part also presents the comparison of two local cases, Boston and Paris. Boston has been markedly more successful than Paris, reflecting the greater opening of the American system towards civil society and towards the figure of the “immigrant”
Piriou, Florence-Marie. "Personne morale et droit d'auteur en France et aux États-Unis." Paris 2, 2001. http://www.theses.fr/2001PA020013.
Full textMontagne, Sabine. "Les métamorphoses du trust : les fonds de pension américains entre protection et spéculation." Paris 10, 2003. http://www.theses.fr/2003PA100099.
Full textDoes the trust structure play a role to match the two antagonist goals of pension funds, a goal of protection and a goal of speculation ? Our answer is the following : trust law is one of the factors shaping the organization of pension industry, according to a specific pattern which we call «procedural delegation». This pattern has interesting typical features which allow the combination of protection and speculation. According to trust law, trustee must justify his decisions not only in terms of performance but in terms of organization. This type of constraints furthers the use of « procedures » within firms, in order to be able to prove that the right decision was made through appropriate means. On one hand, this organization adresses the requirement of the trust : it protects the wealth of the beneficiary hy a typical control over trustees and investment managers. On the other hand, it closes investment decision making within financial specialists community and allows speculation
Delabie, Lucie. "Approches américaines du droit international : entre unité et diversité." Paris 1, 2009. http://www.theses.fr/2009PA010309.
Full textGanne, Yannick. "L'ouverture du droit aux sciences sociales : contribution à l'étude du droit savant américain contemporain." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA006.
Full textIn the United States, the vitality of the interdisciplinary legal movements (Empirical Legal Studies, Law & Economics, Law & Society, New Legal Realism) shows that boundaries between legalscholarship and other fields of knowledge are more flexible than in France. This study questions the use of social sciences (economics, political science, sociology, etc.) methods and techniques by American legal scholars. More precisely, it is about the institutionalization of this research practice, which occurred through the legitimization, the anchoring, and the diffusion of social sciences in the field of legal scholarship. By way of studying this phenomenon, this dissertation is about the structure of the field of legal knowledge itself. The use of social sciences in law, at first defiant, established itself gradually, supported by the institutional and intellectual features of the field
McCormick, Gnuva Kathleen. "Le déséquilibre inhérent à la relation de franchise : étude comparative du droit français et du droit américain." Nice, 1997. http://www.theses.fr/1997NICE0033.
Full textThe franchise relationship is complexe. It takes place in an economic context yet it's not like other commercial relationships. The parties sign a contract drafted solely by the franchisor which grants numerous discretionary rights to one party, the franchisor, and imposes important obligations on the other, the franchisee. In addition, the franchise contract, which must govern a long and evolving relationship, is necessarily "incomplete". Conflicts result when the franchisee believes that the franchisor has exercised his rights "opportunistically". The united states and France have had to confront the inherent inequality of the franchise relationship as franchising plays an important role in both their economies. Using different approaches, they attempt to achieve the same goal : allow the franchisor to exercise his rights so that he may control the quality of his system while at the same time insuring that the doesn't abuse the discretion allocated to him by the franchise contract
Cantegreil, Julien. "Lutte anti-terroriste et droits fondamentaux : France, États-Unis, Allemagne." Paris 1, 2010. http://www.theses.fr/2010PA010281.
Full textDossou, Aristide. "La représentation politique des minorités historiquement défavorisées comme une exigence du droit d'être traité avec respect égal : le cas de la minorité afro-américaine." Paris 1, 2010. http://www.theses.fr/2010PA010570.
Full textBertho, Michelle. "Les fondations privées américaines et le développement au XXIe siècle : l'exemple de la lutte contre le sida." Paris 8, 2010. http://octaviana.fr/document/164690670#?c=0&m=0&s=0&cv=0.
Full textLarge private foundations - mostly American - have exercised power and influence, tainting the politics of development aid since its beginning. Their role, discrete but effective, supporting American foreign policy, changed toward the end of the XX century. They became more visible and started to claim a principal role on the global development scene. Major philanthropists today are convinced that principles governing the business world will further social transformation, and that private enterprise models can be applied efficaciously to social issues. The amount of money involved is enormous, and the desire for change sincere. This phenomenon is especially visible in global public health where cooperation between the public and private sectors is required. Large foundations work with sovereign states, addressing epidemics and other major health issues. Such is the case in India and Botswana where the major foundations bring extensive resources and expertise to bear on HIV/AIDS. Their involvement in public health does not go without consequences, significantly impacting governance issues
Courtois-Champenois, Estelle. "Le droit du travail américain, un droit de l'entreprise : contribution à l'étude comparée des sources du droit du travail français et américain." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32026.
Full textThe American plant is an autonomous legal order, self-governed, which unifies the law of the workplace. The best interests of the corporation are confused with those of the employer. Unlike French law, it is not a law built on legal tradition. Traditionally, the study of the law governing the American workplace is limited to labor relations law, that is, the regulation of union-management relationships. However, this description doesn't fully refect the ambivalent nature of the law governing the workplace. Neglecting the legal sources that the French law favors, the American law governing the workplace mainly arises out of either the manager's right to control or a collective bargaining agreement negotiated between the union and management. This law is less a " labor and employment " law as understood by the French law than it is a private " of the shop "
Ferry, Claude. "La validité des contrats en droit international privé : France - U.S.A." Montpellier 1, 1988. http://www.theses.fr/1988MON10018.
Full textAbout thirty years ago, a so-called crisis of the conflict of laws appeared. This concept expresses, on one hand, the apparition of "rattaching rules of material character" and of material rules of international private law, on the other hand, the development of a new method of conflict, called "functionnalism" by the american scholars, which is revealed in France by the multiplication of "lois de police" and by the taking into account of foreign "lois de police" in a way not related to the rattaching rules. The hereby thesis is aimed at studying, from a comparative and historical point of view, the phenomenon of the crisis of the conflict of laws in the litigation relating to problems of law applicable raising in contracts validity issues. The comparison of french law with american international private law shows that, although prima facie very different, the two systems of laws provide for similar solutions
Agbessi, Éric. "Du droit de l'égalité à l'égalité de droit pour la communauté noire américaine, évolutions constitutionnelle, juridique et politique : à l'égalité de fait à travers trente ans d'action." Saint-Etienne, 2000. http://www.theses.fr/2000STET2065.
Full textBaudel, Jules-Marc. "La loi américaine du 19 octobre 1976 portant révision du droit d'auteur." Paris 2, 1987. http://www.theses.fr/1987PA020043.
Full textThe federal act enacted on october 19, 1976, effective january 1, 1978, completely modified copyright law in the united states. This law, like its predecessor, regulates copyright, i. E, the pecuniary rights of the author (or his assignees) and not his moral right. It also, however, reflects an attempt to adapt the law to technological developments and to align american law with that of other developed countries and, in particular, with the union of berne. In this perspective, the 1976 act thus opened the possibility of copyright protection to various new categories of works. It eliminated the previously existing dichotomy between common law and statutory protection. Finally, it extended the duration of the copyright to fifty years after the death of the author and simplified the system for protection of foreign works and authors. Yet the 1976 act continues, in many aspects, the pre-existing legal regime, which had not been modified statutorily since 1909, as well as the common law principles that had been developed by the courts over the years. For example, the fair use doctrine was, at least conceptually, formally recognized by the 1976 act. This work shall not only describe the innovations introduced by the 1976 act, but shall also demonstrate the continuity in united states copyright law and shall, above all, attempt to show the evolution of such law and its underlying influences. In so doing, it shall deal with all questions, practical as well as theoretical, which lawyers and authors or their contractual partners are confronted
Berger, Laurence. "La structuration du système de santé aux États-Unis ou la difficile conciliation entre les forces du marché et l'interventionnisme fédéral." Paris 3, 2004. http://www.theses.fr/2004PA030122.
Full textAt the beginning of the 21th century, health care reform seems to be one of the major issues at stake in contemporary social debates in the West, notably because of the enduring fears caused by demography and the increasing share of health expenditure in national budgets. In the US, the future of public health coverage programs and the fact that a sizeable proportion of the population is denied access to health care has proved to be a recurring theme in the political debate since the beginning of the 20th century. Immediately after being elected president in 1992, Bill Clinton made the introduction of a system of universal health coverage central to his priorities. However his initiative, which aimed at working out measures capable of conciliating seemingly antagonistic aims, namely the control of health expenditure and the extension of health coverage, ended in failure. The effort of cooperation between the private and public sectors advocated by the president, elicited only ephemereal support from the Americans, who are traditionally suspicious of attempts at extending the scope of federal power and also met the opposition of a well-organized coalition of interests sharing the same objectives. In order to throw light on the specificity of the issue of health coverage reform in the US, this research intends to go over the early stages of the development of the health care system from a historical and socio-political point of view. The main line of the study is based on the balancing act between market forces and federal interventionism, from the second half of the 19th century to the end of Bill Clinton's presidency in 2001
Meunier, Yannick. "Commerce et anthropologie, une relation symbiotique sue l'île Saint Laurent, Alaska." Paris 3, 2001. http://www.theses.fr/2001PA030130.
Full textIn Saint Lawrence Island, Alaska, the excavations of old houses are notorious in the Siberian Yupik territory. Old ivories and artefacts are dug up, recycled or sold to tourists or professional artefacts dealers. This situation is, as archaeologists say, cited as native subsistence diggers. However, opinion is close to terminology inherited from the Alaska Native claims Settlement Act (1971) and the Archaeological Resources Protection Act (1979), two public laws in favour of the proceeds from artefacts sales and digs in the Alaskan communities. And yet the study of archaeological collections of the Anchorage historical fine art museum and auctions (Sotheby's, Christie's) show another operspective. The native phenomenon reacts and adapts to the tribal art market. .
Herlet-Molinié, Cécile. "Le contrôle de la Cour Suprême sur l'égalité d'accès aux emplois aux Etats-Unis." Paris 2, 2004. http://www.theses.fr/2004PA020081.
Full textGuyot, Marc. "Ordre concurrentiel et puissance économique : l'exemple des Etats-Unis." Paris, Institut d'études politiques, 1994. http://www.theses.fr/1994IEPP0040.
Full textBaudoin, Martine. "Le système de santé américain, un exemple d'efficacité pour la France ?" Paris 5, 1995. http://www.theses.fr/1995PA05P050.
Full textPlanes, Emmanuelle. "Enregistrement d'un médicament biologique aux USA : application à la constitution et au dépôt de l'"Establishment license application"." Bordeaux 2, 1996. http://www.theses.fr/1996BOR2P086.
Full textLubin, Willy. "Libertés individuelles et police en droit américain et français." Montpellier 1, 1996. http://www.theses.fr/1996MON10012.
Full textThe study of individual liberties and the police in french and american law reveals the following set to problems regarding the powers that can be accorded or are accorded to the police in a lawful democratic state : the power to arrest or simply to detain, the power to interfere in the strict intimacy of private life, etc. In such a context, the presumption of innocence is vacated of its importance. In both the u. S. A. And france, the police have exorbitant legal powers and are seemingly imprevious to justice with respect to the responsibility of their actions towards the individual. Paradoxically on the one hand, the texts protecting individual liberties against police abuse offer but an illusion of protection. On the other hand, the control of their actions, wich should be controlledd by either executive or judiciary powers, or by the citizens themselves, is inefficient. Actually, the u. S. And france, in spite of all expectations, do not accord sufficient. Protection or guaranties to individual liberties. The aggravation of the situation in certain high risk areas along with the increased incidence of police misconduct area result of repressive and selective criminal policies applied in both countries. Moreover, by strict comparison, the american system does not offer better protection than the french system. On certain points, the even seem complementary
Dion, Nathalie. "Les obligations fiduciaires des dirigeants de sociétés commerciales : droit des Etats-Unis d'Amérique et droit français." Orléans, 1994. http://www.theses.fr/1994ORLE0002.
Full textThe fiduciary duties of corporate officers and directors, an American concept, are developing in French law. They include the duty of care and the duty of loyalty that officers and directors owe to the corporation and the shareholders by performing their functions. The failure to act in the respect of such duties leads to their liability that has been expanding since the past few years
Le, Bos Yves-Édouard. "Renouvellement de la théorie du conflit de lois dans un contexte fédéral." Paris 1, 2008. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D36.
Full textDarwish, Tarek. "Le principe de neutralité économique en droit constitutionnel : étude de droit comparé : Allemagne, États-Unis, France." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020025.
Full textThis subject carries with it a stake, a fundamental stake: that of the economic action of the State and more specifically that of the economic dimension of its constitution, around which the theses of Friedrich Hayek, Milton Friedman and Walter Eucken have clashed during the last century. The principle of economic neutrality is in fact an illusory principle in the service of the "laissez-faire" and those from whom it benefited between the end of the 19th century and the first half of the 20th century (the advent of progressivism and socialism). The end of the 19th century was to be decisive in the conception of this principle. It was the time of the great industrial revolutions that saw the emergence of "thieving barons" in Europe and the United States. Even today, after the economic and financial crisis of 2008, the principle of economic neutrality questions how the State can or should intervene through its constitution with regard to economic actors. Should a Constitution include a vision of the economy? And in the silence of the Constitution, is the responsibility of a constitutional judge to confer on the State a determined economic identity? This thesis is organized in two moments of reflection. The first part is devoted to the implementation of the ideology of neutrality, based on its historical and economic foundations, which has enabled liberal doctrine to integrate this principle into the legal sphere. Can a Constitutional Court build an economic doctrine based on the principle of economic neutrality? To answer this problem, the second part is devoted to the utopian nature of this principle, through its implementation and political realities. To this end, it appears that a pragmatic reconciliation between the economy and constitutional law is needed
Grelié, Julien Jacques. "Le contrat d'assurance en France et aux Etats-Unis : aspects de droit comparé." Nantes, 2011. http://www.theses.fr/2011NANT4015.
Full textLe contrat d'assurance en droit français et américain : aspects de droit comparé is a comparative analysis that outlines how the objectives of the insurance contract regulation and its judicial interpretation are commonly shared, and how the different means are implemented to achieve these goals in France and in the United States. French and American Insurance Law are diverging, whether it is a matter of controlling the balance between contractual freedom and the protection of interests of the insured, or whether it is about establishing rules of preventing fraud and enforcing the requirement of fortuity within the formation and the execution of insurance contracts. The laws reflect the philosophy held in their own judicial system. While taking this gap into consideration, this thesis brings a new source of inspiration and ideas about current and future issues related to French Insurance and Private Law
Ngombé, Yvon Laurier. "Le droit d'auteur français et le copyright américain, fondements historiques : étude comparative." Nantes, 2000. http://www.theses.fr/2000NANT4017.
Full textDermendjian, Valérie. "L'autorité de la coutume internationale dans l'ordre juridique interne des Etats-Unis." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32012.
Full textThe formal authority of customary international law stems from the constitutional jurisprudence of the nation and from the principle down from English common law and maritime law “international law is part of the law of the land”. The founding fathers considered the law of nations as to be apllied intercally as unwritten general law. Nowadays, the three branches of the national government participate in the incorporate process in ways that vary according to their constitutional powers. Specifically, a federal judge may rely upon the customary norm, using the sliding scale principle, and transforming it into specific federal common law. The material authority of customs international law can be perceived by the norms applied to both the states and the individual by the federal judge. Particulary, the Filartiga case law allows foreigner to bring a claim under the Alien Tort Statute for torts in violation of the law of nations
Laurent-Bellue, Bernard. "Les défenses aux offres de prise de contrôle aux États-Unis d'Amérique." Paris 1, 1992. http://www.theses.fr/1992PA010265.
Full textDefenses used by target company managers to resist hostile tender offers under us federal and state corporate law can be put into broad classifications. Depending on wether the defenses are typically invoked after a particular takeover attemp@t is on the horizon, or as a prophylactic measure well before such an attempt. As it was legally acknowledged that a target can resist against a raider, the fact that the law remains silent on the role of the board of directors of a target during a hostile tender offer, led the courts to determine the obligations of the target company managers resisting a hostile tender offer. In order to regulate tender offers, the legislator of various states first enacted statutes with a view to limit the number of such tender offers but with no success and then defined legal rules aimed at defeating improper tender offers and mitigating the inadequacies contained in the courts decisions
Cléquin, Aurore. "L’autorité du juge : Étude de droit constitutionnel comparé États-Unis, France, Royaume-Uni." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020055.
Full textCourts’ authority stands very high in the United Kingdom and in the United States. The institutional position of the Judiciary in France, at least for judicial judges, is more precarious. The position of French administrative law judges is different and comes closer to the situation of British and American Judges. A comparison between those judges and the constitutional systems they evolve in appears to be an effective way to understand how courts’ authority is built. Two factors are actually decisive. The first one, which is the most important, is related to the judge’s function. It is crucial that the judge is able to say what his judicial duty covers and where are its limits. Similarly, he has to be able to resist executive and legislative encroachments on his function. When those criteria are met, the judge’s authority is necessarily strong. The second factor only comes next. It appears indeed that the judge’s authority is acknowledged and strengthened when his independence is strongly protected, both in its individual and institutional sense. Once those factors are highlighted, one question comes up. Would it be wise to resort to legal transplants to improve the institutional position of judicial judges in France? It is not that easy. Comparative constitutional law is a very useful tool. However, it must be used carefully
Kessedjian, Catherine. "La reconnaissance et l'exécution des jugements dans le droit interétatique et international des États-Unis d'Amérique." Paris 1, 1986. http://www.theses.fr/1986PA010258.
Full textVinel, Jean-Christian. "Les avatars de l'employee : itinéraire social et politique d'une catégorie juridique, 1867-1974." Lyon 2, 2004. http://theses.univ-lyon2.fr/documents/lyon2/2004/vinel_jc.
Full textThe thrust of this dissertation is to shift the emphasis of American labor history from the worker to the employee - the legal concept that defines workers and their rights in labor law. When it was first used by American judges in the mid 19th century, the notion of employee stood at the very center of the legal framework of liberty of contract. The employee, it was argued, is a freeman whose rights are the same as those of the employer. Early in the 20th century, as reformers enacted laws designed to provide an answer to the labor question, the concept of employee became a status whereby workers enjoyed rights in the workplace. This evolution came to a head in 1935 with the adoption of the Wagner Act, which protected worker' rights to organize. However, this new labor relations regime was not predicated on a new definition of worker's or citizens' rights - rather, it was a policy, the product of an attempt to foster industrial peace and sustain the economy through purchasing power. The idea that the employee and the employer are equal parties with mutual interests was still inscribed in labor law. Hence, in the aftermath of the New Deal, workers and businessmen, started to vie for the control of the definition of the term employee, a process that has largely favored businessmen, for the number of workers defined as managers as opposed to employees largely increased in the postwar era. Thus, the employee emerges as a concept whose longue durée tells us much about the fate of workers in industrial America. It shows that in spite of all their social struggles, American workers have never been able to impose their own definition of themselves and earn a fundamental right to organize, either as workers or citizens
Bullich, Vincent. "La régulation de la médiatisation de la musique par le dispositif du copyright : le cas des Etats-Unis : 1877-2007." Grenoble 3, 2008. http://www.theses.fr/2008GRE39047.
Full textIntellectual property has become a key issue for cultural industries. Recent changes in their environment have reinforced the importance of copyrights on contents that are now massively multi-mediatised. In order to have a better understanding of the contemporary challenges connected to this phenomenon, this thesis examines the constitution of the legal context of the mediatisation of music in the United States of America in the period of 1877-2007. Analysing the reciprocal determinations of copyright laws and strategies and practices of agents, the thesis outlines the historical conditions of mediatisation and commodification of (mainly) recorded music and underlines the progressive overlapping of both processes. The approach is resolutely interdisciplinary but draws mainly on the political economy of communication. It aims, on one hand, to underline the political construction of music markets and, on the other hand, to link the regulation with the capabilities and power relationships between economic agents. Furthermore, the analysis is inspired by theories developed by J. Habermas and considers the consequences of such regulation as communicative action subjected to economic goals
Delachambre-Griffon, Albane. "La liberté de la vie privée dans la jurisprudence de la Cour suprême des Etats-Unis : réflexions comparatives sur les enseignements de l'expérience américaine." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32005.
Full textAs a major right in a liberal democracy, the right of privacy stands for one of the main rights in the American society as well as in the decisions of the Supreme Court of the United States. Faced with the silence of the Constitution on the subject, the judges of Washington, quite daringly, explicitly grant a right of privacy to which they attribute a constitutional value in 1965 in the famous "Griswold v. Connecticut" case (381 U. S. 479 (1965). Since this judgement, they regularly develop quite a remarkable jurisprudence. The decisions of the High Court highlight two main aspects of privacy : secrecy and freedom. The first means the right of keeping secret, away from the others' eye, some parts of one's private life ; the second can be defined as the right of autonomy of each individual as regards his/her most intimate choices in life. .