Literatura académica sobre el tema "Common law"

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Artículos de revistas sobre el tema "Common law"

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Goodrich, Peter. "Eating law: Commons, common land, common law". Journal of Legal History 12, n.º 3 (diciembre de 1991): 246–67. http://dx.doi.org/10.1080/01440369108531041.

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De Maria, William. "Common law – common mistakes?" International Journal of Public Sector Management 19, n.º 7 (diciembre de 2006): 643–58. http://dx.doi.org/10.1108/09513550610704671.

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Glenn, H. Patrick. "Common Law". McGill Law Journal 66, n.º 1 (2020): 19. http://dx.doi.org/10.7202/1082032ar.

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Šite, Damir. "Common Law legal norm". Strani pravni zivot, n.º 1 (2021): 15–29. http://dx.doi.org/10.5937/spz65-26843.

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In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a binding precedent. The second part is dedicated to the analysis of the language of legal norm in two major European legal systems. The paper examines the language structure both in common law and civilian legal norms, as well as its limitations based on the particularities of forums in which they were created: the parliament and the court.
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LOBBAN, MICHAEL. "Common Law and Common Sense". Ratio Juris 21, n.º 4 (diciembre de 2008): 541–46. http://dx.doi.org/10.1111/j.1467-9337.2008.00406.x.

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Yip, Man y Yihan Goh. "Convergence between Australian common law and English common law". Common Law World Review 46, n.º 1 (marzo de 2017): 61–68. http://dx.doi.org/10.1177/1473779516682445.

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Ibbetson, D. J. "Natural Law and Common Law". Edinburgh Law Review 5, n.º 1 (enero de 2001): 4–20. http://dx.doi.org/10.3366/elr.2001.5.1.4.

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If you scan through the law reports ofthe last century or so, you will come across a sprinkling of references to Natural Law, commonly in conjunction with some such phrase as “manifest nonsense”.1 Introductory books dealing with the sources of law hardly place it in the forefront of their treatment, to say the least; and anyone writing a practitioners' manual on some practically useful area of law who began with a chapter on Natural Law would be thought to have taken leave of his senses. Go back two or three hundred years or so and the picture looks very different. References to the law of nature abound in the reports of the seventeenth and eighteenth centuries; institutional writers dealing with the Common Law will regularly list Natural Law as one of its principal sources, and when Stewart Kyd wrote the first English book on what we would now call company law2 the obvious starting pointfor his first chapter was the work of the Natural Lawyers of the previous century. England, like everywhere else in Europe, had been caught up in a fervour of Natural Law thinking. Legal historians, of course, are well aware of this, but commonly portray it in their books as part of the background against which the Common Law was worked out, rather than as an integral part ofthe story of English law's development.3 This downplaying of the practical significance of Natural Law represents something of a lost opportunity, not merely because it can give a frame of reference within which some sense can be made ofthe reorientation of English law in the eighteenth century, but also because it provides an important point ofcontact between the all-too-insular history ofEnglish law and the apparently more homogeneous legal history of the rest of Europe.
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Schauer, Frederick y Melvin A. Eisenberg. "Is the Common Law Law?" California Law Review 77, n.º 2 (marzo de 1989): 455. http://dx.doi.org/10.2307/3480610.

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Bradley, D. "Comparative Law, Family Law and Common Law". Oxford Journal of Legal Studies 23, n.º 1 (1 de marzo de 2003): 127–46. http://dx.doi.org/10.1093/ojls/23.1.127.

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Beatson, J. "Common Law, Statute Law, and Constitutional Law". Statute Law Review 27, n.º 1 (1 de enero de 2006): 1–14. http://dx.doi.org/10.1093/slr/hmi021.

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Tesis sobre el tema "Common law"

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Laurindo, Marja Mangili. "Entre common law e civil law". reponame:Repositório Institucional da UFSC, 2017. https://repositorio.ufsc.br/xmlui/handle/123456789/179920.

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Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas, Programa de Pós-Graduação em Direito, Florianópolis, 2017.
Made available in DSpace on 2017-10-03T04:21:46Z (GMT). No. of bitstreams: 1 348552.pdf: 14136770 bytes, checksum: 8b8b640521518567f41d5a953f437668 (MD5) Previous issue date: 2017
Esta dissertação objetiva compreender as condições socioeconômicas em que se dão e as implicações das transformações do direito brasileiro no que se refere à adoção de procedimentos comuns à tradição estrangeira da common law. Disso, se obteve que, em um cenário econômico neoliberal de direito flexível, a análise do discurso politizador e moralizante do judiciário coloca à luz uma série de problemas decorrentes de um novo paradigma interpretativo do Direito. Se para o positivismo jurídico a norma é o limite, para o neoconstitucionalismo o limite está no senso moral do julgador. Nesse estado de crescente indeterminação, adotam-se no Brasil instrumentos estrangeiros como os ?precedentes?; além disso, instituições internacionais como o Banco Mundial lançam diretrizes por meio de relatórios como o Doing Business que indicam que, em termos de eficiência, o sistema de common law é superior ao de civil law. Isso, claro, ao mesmo tempo em que vigora, em países como os Estados Unidos, uma teoria herdeira do Realismo Jurídico, a Law and Economics, que defende a união entre direito e economia em um nível nunca visto antes. A liberdade interpretativa permitida por esse conjunto de fatores rompe a ideia da necessidade de um direito rígido, o que será analisado, em termos de implicações, em seu contexto socioeconômico, qual seja o do neoliberalismo.

Abstract : This dissertation aims to understand the socioeconomic conditions in which occur and the implications of the transformations of Brazilian law regarding the adoption of procedures common to the foreign common law tradition. From this, it was obtained that in a neoliberal economic scenario of flexible law, the analysis of the politicizing and moralizing discourse of the judiciary brings to light a series of problems arising from a new interpretative paradigm of Law. If, for legal positivism, the norm is the limit, for neoconstitutionalism the limit lies in the moral sense of the judge. In this state of growing indeterminacy, foreign instruments are adopted in Brazil as the "precedents"; in addition, international institutions such as the World Bank have issued guidelines through reports such as Doing Business which indicate that the common law system is superior to civil law in terms of efficiency. This, of course, at the same time that, in countries such as the United States, an inheritance theory of Legal Realism, Law and Economics, is defending the union between law and economy on a level never seen before. The interpretive freedom allowed by this set of factors breaks the idea of the need for a rigid Law, which will be analyzed, in terms of implications, in its socioeconomic context, namely neoliberalism.
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Fox, David Murray. "Tracing money at common law". Thesis, University of Cambridge, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361717.

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Juratowich, Ben. "Retroactivity and the common law". Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439764.

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Moreham, Nicole Anna. "Privacy and the common law". Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.615821.

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Caenegem, Raoul C. Van. "El common law es diferente". Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118546.

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Ong, Burton T. E. "Competition law and the common law of unfair competition". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.

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Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising the doctrinal and policy foundations that underlie each of these legal frameworks, common thematic strands that may not be immediately apparent to lawyers working exclusively in either field will be exposed, while fundamental differences between their respective inner workings will also be uncovered in the process. Engaging in such a comparative exercise will facilitate a deeper understanding of the contrasting objectives and jurisprudential approaches associated with each legal framework which, in turn, sheds some light on the nature of their relationship with each other and the extent to which legal developments in one field ought to influence, or be influenced by, the other. Besides evaluating how and why the common law economic torts operate differently from the competition law prohibitions in circumscribing the liberty of individual competitors to inflict economic harm upon their trade rivals, this dissertation will also analyse selected types of commercial conduct which are regarded as lawful under one framework but unlawful by the other, and contrast them with scenarios which could attract overlapping legal liability under both legal frameworks. In addition, this dissertation will explore a selection of legal issues arising from the doctrinal interaction between these areas of the law that may confront the courts as these two legal frameworks continue to develop in tandem with each other.
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Bennett, Thomas Daniel Cynvelin. "Imagining privacy in the common law : overcoming the barriers to a common law tort of intrusion". Thesis, Durham University, 2018. http://etheses.dur.ac.uk/12523/.

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This thesis is concerned with the relevance of imagination to the task of judicial elaboration of the common law. It brings this issue into focus by concentrating its analysis on the “intrusion lacuna” in domestic tort law’s protection of privacy interests. The thesis proposes that this lacuna, whereby the common law lacks a tort of intrusion into privacy, can be explained by identifying two “barriers” to the adoption of such a tort. A “formal” barrier inhibits development by causing the courts to believe that the development of a novel privacy tort would amount to an illegitimate exercise in judicial activism. A “semantic” barrier arises out of the difficulty in conceptualising the amorphous term “privacy”, which – it is often (wrongly) thought – is not amenable to sufficiently tight definition to drive the development of heads of liability apt to protect it. The presence of both barriers indicates the dominance of a particularly restrictive mode of thinking in judicial decisions on privacy in recent years. This strongly resembles a mode of thinking associated with the left hemisphere of the human brain. Where this mode of thinking dominates, attentiveness to context is significantly diminished. The result is a privacy jurisprudence that possesses little awareness of the broader legal and social context within which it takes place. Crucially, this left hemisphere-dominated mode of thinking inhibits the exercise of imagination in our privacy jurisprudence. The thesis argues that only by engaging in a more imaginative jurisprudence can the two barriers be overcome. To that end, it constructs a working understanding of “legal imagination” which makes plain the core role that attentiveness to context plays in creative endeavours, including developing the common law. It concludes that, if an intrusion tort is to be developed by the courts, they will first have to adopt this more imaginative jurisprudence.
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Landskron, Rolf. "Common-law and civil-law legal families : a misleading categorisation". ePublications@bond, 2008. http://epublications.bond.edu.au/theses/landskron.

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This thesis examines common-law and civil-law jurisdictions in order to find differences between them. These differences are then being qualified as either relevant or irrelevant for the categorisation of individual jurisdictions. This reflects the argument that only features occurring in only one of the legal families can be relevant when categorising jurisdictions. Only such features can be, from the author’s point of view, specific and typical for their legal family and inherent features of them.The first thing to be considered under this premise is the respective sources of law (Chapter 1). These are in civil-law jurisdictions traditionally statutes and in commonlaw jurisdictions predominantly courts’ decisions. There are, of course, statutes also in common-law jurisdictions and previous courts’ decisions play an important role also in civil-law systems. The differences are not inherent. Furthermore, there are fundamental legal concepts, that is important concepts underlying the respective rules. These concepts may explain differences between the rules. The examination of sources of law, altogether, does not reveal any distinguishing factors.Chapters 2–5 discuss the issue of attitudes of common-law and civil-law judges to statutory interpretation. Chapter 2 examines the respective methods of statutory interpretation. This does not reveal any differences as to common-law and civil-law judges’ attitudes; for instance, greater adherence of common-law judges to the literal meaning of rules arguably does not exist. As shown in Chapter 3, this is true also in the area of Criminal Law under the special safeguards this subject provides. Chapter 4 asserts terminology causes differences between the systems; this is true even in case of identical terminology which is sometimes being interpreted in a diametrically different way. Moreover, differences can also be compensated for elsewhere in the legal system. Altogether, Chapter 4 does not reveal any inherent differences between the systems. As Chapter 5 shows, there is an ongoing process of convergence between common-law and civil-law systems, which means the categorisation into legal families becomes even less plausible.Chapter 6 shows that the categorisation into legal families is not only incorrect but also highly misleading and that there are numerous scholarly statements relying incorrectly on the family concept. The proposition (Chapter 7) is that it may nevertheless be feasible to structure comparative-law texts according to the wellknown legal families, as these show a common historical background. However, for conducting research into particular foreign legal rules (micro-comparative research), the family concept becomes a misleading starting-point. Insofar the concept should be abandoned or, at least, used only together with an appropriate warning.
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Perrin, Benjamin. "An emerging international criminal law tradition : gaps in applicable law and transnational common laws". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101824.

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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition.
International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.
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Brown, C. W. "A common law of international adjudication". Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596968.

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This dissertation examines aspects of procedure and remedies in the jurisprudence of international courts and tribunals. The dissertation’s central thesis is that there is increasing similarity in the application of procedure and remedies by international courts, and that this represents the emergence of a ‘common law of international adjudication’. The emerging common law of international adjudication owes its existence in part to the broad powers that international courts can exercise over their procedure and remedies. These powers encompass not only those which are expressly conferred on them, but also inherent powers, which international courts can exercise to fill lacunae in their constitutive instruments and rules of procedure. Several specific aspects of the adjudication process are examined to discern the existence of commonality in international judicial practice. These are: aspects of the rules of evidence; the power to grant provisional measures; the power to interpret and revise judgements and awards; and the availability of remedies. The analysis suggests that international courts are increasingly referring to the practice of other international tribunals, leading to substantial commonality on each of these questions, except where their constitutive instruments provide for special rules. The thesis developed in this dissertation has practical and theoretical implications. While it has not been possible to consider all aspects of international adjudication, the analysis nonetheless suggests that similar results may be found in other areas, and that international courts can devise common approaches to new procedural issues. It also suggests that international courts do not operate as self-contained regimes, but rather regard themselves as forming part of a community of international courts. In this sense, the emergence of a common law of international adjudication has positive implications for the development of an international legal system.
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Libros sobre el tema "Common law"

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D'Amico, Pietro. Common law. Torino: G. Giappichelli, 2005.

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Bersier, Nicoletta, Christoph Bezemek y Frederick Schauer, eds. Common Law – Civil Law. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-87718-7.

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Bullier, Antoine J. La common law. 2a ed. Paris: Dalloz, 2007.

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Small, Jane. Living common law. 2a ed. [Vancouver]: Public Legal Education Program, Legal Services Society of B.C., 1985.

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Edlin, Douglas E., ed. Common Law Theory. Cambridge: Cambridge University Press, 2007. http://dx.doi.org/10.1017/cbo9780511551116.

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Schweich, Tom y Holmes Oliver Wendell Jr. Common Law. Barnes & Noble, Incorporated, 2009.

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Holmes, Jr. Common Law. Lawbook Exchange, Limited, The, 2010.

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Common Law. Little Brown & Company, 2008.

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Jr, Holmes Oliver Wendell. Common Law. Dover Publications, Incorporated, 2013.

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Sr, Holmes Oliver Wendell. Common Law. Dover Publications, Incorporated, 2013.

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Capítulos de libros sobre el tema "Common law"

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Linhart, Karin y Roger Fabry. "Common Law". En Handbuch Rechtsphilosophie, 33–34. Stuttgart: J.B. Metzler, 2017. http://dx.doi.org/10.1007/978-3-476-05309-1_6.

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Atiyah, P. S. "Common Law". En The World of Economics, 74–82. London: Palgrave Macmillan UK, 1991. http://dx.doi.org/10.1007/978-1-349-21315-3_11.

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Vester, Horatio y Anthony H. Gardner. "Common Law". En Trade Unions and the Law, 44–50. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003350446-5.

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Atiyah, P. S. "Common Law". En The New Palgrave Dictionary of Economics, 1862–68. London: Palgrave Macmillan UK, 2018. http://dx.doi.org/10.1057/978-1-349-95189-5_594.

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Atiyah, P. S. "Common Law". En The New Palgrave Dictionary of Economics, 1–7. London: Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1057/978-1-349-95121-5_594-1.

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Linhart, Karin y Roger Fabry. "Common Law". En Handbuch Rechtsphilosophie, 35–36. Stuttgart: J.B. Metzler, 2021. http://dx.doi.org/10.1007/978-3-476-05639-9_6.

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Atiyah, P. S. "Common Law". En The Invisible Hand, 70–78. London: Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-20313-0_6.

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Arbuthnott, Hugh y Geoffrey Edwards. "Community Law". En A Common Man’s Guide to the Common Market, 49–60. London: Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-19785-9_4.

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Simpson, A. W. Brian. "English Common Law". En The New Palgrave Dictionary of Economics and the Law, 715–28. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_138.

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Costantini, Cristina. "Common Law System". En Encyclopedia of Law and Economics, 278–86. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_592.

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Actas de conferencias sobre el tema "Common law"

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O’Donnell, Declan J. "Astro Law as Common Law Extended into the Outer Sp..." En 56th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2005. http://dx.doi.org/10.2514/6.iac-05-e6.4.03.

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Cahyono, Akhmad Budi. "Implementation of Common Law Doctrine in Indonesian Law of Obligation". En 3rd International Conference on Law and Governance (ICLAVE 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200321.041.

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Hartline, Jason D., Daniel W. Linna, Liren Shan y Alex Tang. "Algorithmic Learning Foundations for Common Law". En CSLAW '22: Symposium on Computer Science and Law. New York, NY, USA: ACM, 2022. http://dx.doi.org/10.1145/3511265.3550438.

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BURROWS, J. "COMMON LAW COMPENSATION FOR INDUSTRIAL DEAFNESS". En EuroNoise '92. Institute of Acoustics, 2024. http://dx.doi.org/10.25144/20782.

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ALHO, Milke Cabral, Beatriz Guimarães MENEZES, EDILSON NETO, Lara Gomes Pontes PESSOA y Pedro Vieira MACIEL. "UMA ANALISE DO COMMON LAW E CIVIL LAW E SUAS APLICAÇÕES JURIDICAS". En Anais da Mostra de Pesquisa em Ciência e Tecnologia. Recife, Brasil: Even3, 2018. http://dx.doi.org/10.29327/13552.9-9.

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CODREA, Codrin. "Legal Notions of Contract. Fundamental Doctrines in Continental Law and Common Law". En 3rd Central & Eastern European LUMEN International Conference – New Approaches in Social and Humanistic Sciences | NASHS 2017| Chisinau, Republic of Moldova | June 8-10, 2017. LUMEN Publishing House, 2018. http://dx.doi.org/10.18662/lumproc.nashs2017.13.

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Yong June Shin y Jin Bae Park. "Linearized common curvature guidance law for homing missiles". En Proceedings of 16th American CONTROL Conference. IEEE, 1997. http://dx.doi.org/10.1109/acc.1997.611958.

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Deltsova, Natalia Vyacheslavovna y Konstantin Vladislavovich Maksimov. "LEGAL REGULATION SOURCES OF CONTRACTS BY COMMON LAW". En Мир в новой реальности: вызовы и возможности. Самара: Самарский государственный экономический университет, 2021. http://dx.doi.org/10.46554/itle-05.2021-pp.38.

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Hron, Igor. "Historical Traces of Moral Rights in Common Law". En Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-5.

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The paper aims to track the traces of moral rights in common law, since it is a usual misconception that common law system of copyright protection is incompatible with the moral rights and the rights were consequently adopted to formally satisfy the international legal framework. The paper firstly outlines the regulatory context in which the rights comparable to continental jurisdictions had the chance to be acknowledged. Then it proceeds to an analysis of doctrinal sources as well as case-law of the highest judicial authorities that have touched upon these questions and developed comparable solutions to the jurisdictions traditionally protecting moral rights.
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Kornilova, Natalya V. "Common Property Law: Issues Of Theory And Practice". En International Scientific Conference. European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.06.57.

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Informes sobre el tema "Common law"

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Breton, Laurence y Margo Hilbrecht. The Rights of Common-Law Partners in Canada. The Vanier Institute of the Family, noviembre de 2023. http://dx.doi.org/10.61959/t210318a.

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This report provides an in-depth look at the legal landscape surrounding common-law partnerships in Canada. The recognition and rights afforded to people in common-law relationships depend primarily upon the provincial or territorial jurisdiction. An array of scenarios such as health care decisions, property division upon separation, spousal support claims, inheritance rights, and special considerations for couples living on reserve contribute to the intricate tapestry of legal rights in these relationships. A closer look at the provincial and territorial processes of establishing health care decision-making authority emphasizes that certain jurisdictions do not automatically recognize common-law partners to the same extent as married ones. Moreover, property division rights are absent in several jurisdictions following separation, amounting to different treatment of common-law and married couples. Interestingly, the availability of spousal support post-separation, as well as the guidelines followed by the judges allocating them, are shared by most jurisdictions, with the exception of Quebec. Intestate (without a will) inheritance rights vary considerably, with some regions excluding common-law partners from automatic inheritance. A notable exception arises for couples living under the jurisdiction of the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA), highlighting the interactions of federal and regional laws. After highlighting how the rights of common-law partners differ across Canada, this report concludes by raising some of the important dimensions of the current debates on safeguarding the rights of common-law couples.
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Mathieu, Sophie y Nathan Battams. Facts and Stats: Married and Common-Law Couples in Canada. The Vanier Institute of the Family, mayo de 2023. http://dx.doi.org/10.61959/m230605x.

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3

Fernandes, Fátima Regina. The Royal Justice and the Common Law in the Portuguese Medieval Legislation. Edicions de la Universitat de Lleida, 2023. http://dx.doi.org/10.21001/itma.2023.16.11.

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4

Konijnenburg, Jan. Certification Approaches for Weigh-In-Motion Systems in Law Enforcement Applications. Gaithersburg, MD: National Institute of Standards and Technology, 2024. http://dx.doi.org/10.6028/nist.sp.2200-05.

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Every day, overweight and excessively heavy vehicles cause damage to roads, bridges, and other vehicle-based infrastructure. To protect the vital transportation infrastructure for the U.S., states have imposed weight limits for commercial and fleet transport vehicles. A common way for enforcing these weight limits is to guide trucks off the road to weigh stations where the vehicles can be weighed using static truck scales. A disadvantage of these dedicated weigh stations is that they take up a substantial amount of space (which is not always available) and time to conduct weighments, as well as cause delays to traffic flow that may impede commerce based on truck transport. A solution to these problems is the use of high-speed weigh-in-motion (WIM) systems that are installed in the road and weigh vehicles as they pass by while maintaining their speed. For jurisdictions to effectively use a WIM system for direct enforcement of weight limits, the system must be evaluated against a recognized standard to establish suitability for its intended application. The vast majority of weighing instruments used for legal metrology purposes (including law enforcement) need to comply with the requirements in NIST Handbook 44 Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices. However, the NIST Handbook 44 does not (yet) cover WIM systems for direct enforcement. Although state and local jurisdictions use NIST Handbook 44 to certify legal metrological instruments, it does not exclude jurisdictions from using additional technical standards to certify certain instruments. New York City recently certified a WIM system to protect a critical section of the Brooklyn-Queens Expressway (BQE) by designating it as a pilot project while efforts were made to amend NIST Handbook 44 to include WIM systems for direct enforcement. This publication discusses the main characteristics of WIM systems and how they can be used for direct enforcement. An overview of several alternative documentary standards that can be applied for certification of WIM systems is also provided, with further explanation regarding how the New York City Department of Transportation (NYCDOT) implemented the certification of the WIM system to begin issuing citations to overweight vehicles in an effort to protect the BQE.
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5

Bruun, Laura, Marta Bo y Netta Goussac. Compliance with International Humanitarian Law in the Development and Use of Autonomous Weapon Systems: What does IHL Permit, Prohibit and Require? Stockholm International Peace Research Institute, marzo de 2023. http://dx.doi.org/10.55163/dfxr3984.

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It is undisputed that the development and use of autonomous weapon systems (AWS) must comply with international humanitarian law (IHL). However, how IHL rules should be interpreted and applied in the context of AWS remains, in some respects, unclear or disputed. With a particular focus on human–machine interaction, this report aims to facilitate a deeper understanding of this issue. Informed by an in-person expert workshop that SIPRI convened in November 2022 and contributions to the international policy discussion on AWS, the report maps areas of common ground and identifies aspects that warrant further clarification concerning what key rules of IHL, particularly those guiding the conduct of hostilities, permit, prohibit and require in the development and use of AWS. In doing so, the report provides a baseline for policymakers to advance discussions around what types and uses of AWS are (or should be) prohibited or regulated under existing IHL.
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Siampakou, Niki. Victims of Terrorism and Reparation: Applying the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation. ICCT, diciembre de 2023. http://dx.doi.org/10.19165/2023.2.09.

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While victims of terrorism undergo significant harm, there is currently no specific legal framework addressing their right to reparation. Certain regional provisions focus on establishing compensation funds under national law but do not explicitly acknowledge an existing right to reparation which includes restitution, compensation, rehabilitation, satisfaction, and guarantees of non repetition. To fill this gap, this Policy Brief argues that the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles and Guidelines) should be applicable to terrorism victims. The brief initially explores the absence of an internationally proclaimed right to reparation for this category of victims. Subsequently, it illustrates that considering the shared characteristics between victims of terrorism and those of international crimes, gross violations of International Human Rights Law, or serious violations of International Humanitarian Law as well as the common elements between terrorism and international crimes, gross violations of human rights and humanitarian law, the UN Basic Principles and Guidelines should extend to victims of terrorism. This application is seen as a recognition of their right to reparation, fulfilling states’ responsibility to provide a comprehensive framework for the harm suffered by victims and consequently enhancing the international protection of terrorism victims.
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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, noviembre de 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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Barrientos González, Cristian. Impacto de la Ley 20.780 impositiva de la reforma tributaria, implementada en Chile en 20214. Universidad Autónoma de Chile, noviembre de 2021. http://dx.doi.org/10.32457/12728/988820217.

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In the company that is just beginning its operations, the tax regime is one of the determining economic aspects when starting a project, it determines the conditions of each industry and the economy of each country. In Chile, Tax modifications are not common, they represent important milestones that mark a before and after in the country's economic development, either by the way it affects each institution, or by how the Chilean economic market is perceived and by Foreign investment. The main objective of this study is to measure the quantitative and qualitative impact of the new tax law of the Tax Reform Law 20,780, implemented in Chile in 2014. Affecting the growth of the Gross Domestic Product of Chile and the yields in the index of Selective prices of the Shares, as well as affecting some sectors of the industry and consequently generating a lower tax collection during the implementation of the aforementioned reform, being useful and important information to consider in the development and implementation of future projects related to the issue of tax policies in the country. Despite the above, the tax discussion is going to be an issue that will be discussed again, considering the effects of the pandemic by covid-19 that has affected the whole world and especially Chile, with the tax issue being a foundation pillar at the time of economic recovery in our country.
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Malaret Baldo, Alfredo y Erica Mumford. Initial Impact of Profiling Small Arms Ammunition in Armed Violence Settings: Bedfordshire, United Kingdom Case Study. UNIDIR, agosto de 2022. http://dx.doi.org/10.37559/caap/22/asc/08.

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Ammunition profiling helps local and national law enforcement authorities to reduce armed violence by shedding light on the illicit supply of ammunition. This factsheet provides key findings and insights from an ammunition profiling case study conducted in Luton and Bedfordshire in the United Kingdom. Based on an analysis of 2,185 individual pieces of whole round and cartridge cases recovered and recorded in connection with firearms-related incidents between 2010 and 2020, this factsheet presents key points including: 23% of ammunition in the past 10 years was manufactured domestically in the UK a peak in seizure cases was observed in 2013 and 2018 the most common manufacturers included Fiocchi, Sellier & Bellot and Umarex, which together made up 39% of total ammunition collected between 2010-2020
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Prats Cabrera, Joan Oriol y María Eugenia Pereira. Analysis of Costs and Main Investors of Sovereign Debt Issuances in Latin American and Caribbean Countries. Inter-American Development Bank, julio de 2022. http://dx.doi.org/10.18235/0004356.

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Sovereign debt issuances are often assessed in quantitative terms and in terms of their impact on a countrys debt profile. However, behind every debt issuance there are also a series of operational practices which involve engaging with parties such as credit rating agencies, law firms, underwriters, and investors which also warrant assessment. The costs, periodicity, and range of these engagements vary across Latin America and the Caribbean (LAC). This paper aims to illuminate practices surrounding the selection processes, associated costs, and priorities of debt management offices (DMOs) across LAC. By classifying the participating countries in three main categories--large economies that are regular sovereign debt issuers, smaller economies that are also regular issuers and that issued debt in 2020, and smaller economies that are non-regular issuers--the analysis identifies common regional practices, as well as differences among countries. The main purpose of the paper is to present data that may be relevant to LAC countries in assessing their own procedures at the time of issuing debt, and to identify strengths and areas for improvement that may lead to more efficient operational financing practices in the region as a whole.
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