Tesi sul tema "Droit électoral – États-Unis – États"
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Langlois, Deschamps Paul. "Le droit de vote aux États-Unis : Un droit subjectif à l'épreuve de la complexité fédérale". Electronic Thesis or Diss., université Paris-Saclay, 2024. http://www.theses.fr/2024UPASH014.
Testo completoFor the last two decades, the right to vote in the United States has been the focus of intensifying controversies. Exercising this right is yet fundamental in contemporary representative regimes claiming to be democratic. In these regimes, the people, as an electoral body, selects its representatives through the vote. In this work, we investigate whether the right to vote, as guaranteed today in U.S. federal law, allows for the rotation of parties in power, which, through a minimalistic lens, we see as the ultimate democratic characteristic. We then use the concept of subjective public right, as coined by Georg Jellinek, to shed light on the right to vote. We point to two essential aspects of the right to vote in its democratic function: to guarantee that individual voters are able to cast their vote, but also that these votes, through their aggregation, generate tangible electoral effects. It is therefore paramount to examine all the steps of the electoral process in the light of the subjective public right concept, from voter registration to the redistricting of constituencies. In doing so, we demonstrate the centrality, in a ‘representative democracy', of guaranteeing subjective electoral rights at every step of election organization. We chose to focus on the United States as we see several interesting elements in the American context: federalism, a constitution lacking textual protections for the franchise and the wealth of caselaw regarding the right to vote. Due to the complex normative architecture of the American electoral system, the role of judicial review is key. Indeed, the legitimacy of judicial review for guaranteeing the democratic process is widely acknowledged. If we confirm this intuition, we show that the right to vote is nonetheless in peril when judges perceive it as a second-class right
Castillo, Vaquera Jorge Galileo. "Administrer et judiciariser la gestion des conflits électoraux au sein des institutions électorales : Etats-Unis 2000-Mexique 2006". Thesis, Paris 3, 2009. http://www.theses.fr/2009PA030070.
Testo completoThe intervention of the judiciary power to solve a ballot in last resort, arise several problems concerning the progress of the representative democracy, and even a paradox: the principle of the democratic representation by an indirect vote of the citizens can be put forward by the judiciary interpretation on the meaning of the ballot's votes. At the same time, the intervention of the judiciary as an independent power constitutes a guarantee of impartiality for the political resolutions, seeking to reinforce the trust of the main social and political protagonists about the electoral administration. We are also faced with the problem of the political rationality versus the legal rationality, constantly put forward during electoral conflict contemporary processes as essential protagonists but nearly antagonistic ones, by the fact that they pursue close but distinct interests
Gliozzo, Thomas. "L'Etat fédéré américain". Paris 5, 2002. http://www.theses.fr/2002PA05D001.
Testo completoThe 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.
Testo completoThis 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.
Testo completoBerte, Oumar. "La CEDEAO face aux changements anticonstitutionnels de pouvoir en Afrique de l'Ouest". Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR015.
Testo completoThe Economic Community of West-African States is a sub-regional organization that was created in 1975, initially with a purely economic purpose. Since its inception, the organization has observed a clear principle of non-interference in its member-states” internal affairs. But since then, the recrudescence of coups that affected political stability in various member-states and economic development for the sub-region, have led the organization to operate a change in its doctrine and missions. Indifferent to the political regimes of its member-states, and their effect on Human rights protection, ECOWAS has been increasingly involved in conflict prevention and anti- constitutional changes in power. For ECOWAS, coups fall under its mission to promote and preserve sub-regional collective security. Since the 1993 revision of the Lagos Treaty that saw its creation, ECOWAS pays close attention to the inner working of its member-states” institutions, the legality and constitutionality of power transfers as well as the protection of Human rights. This dissertation deals with the instruments developed by the sub-regional organization to prevent and counter anti- constitutional power transfers. It pays attention to the progresses made as well the tools missing from ECOWAS’ legal arsenal. At last, this dissertation offers a set of proposals designed to improve the organization’s capacity to prevent and respond to coups threatening its member- states political stability and the region’s security
Chaïb, Linda. "Citoyenneté, droit de vote local et immigration : les expériences nord-américines et françaises". Paris 4, 2005. http://www.theses.fr/2005PA040118.
Testo completoThis 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”
Montagne, Sabine. "Les métamorphoses du trust : les fonds de pension américains entre protection et spéculation". Paris 10, 2003. http://www.theses.fr/2003PA100099.
Testo completoDoes 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
Chamorel, Patrick. "Réforme à San Francisco : le système électoral comme enjeu politique, 1970-1980". Paris, Institut d'études politiques, 1986. http://www.theses.fr/1986IEPP0001.
Testo completoAmerican municipal institutions often stand as political issues, for most localities have the capacity to choose their institutional arrangements, which as a result show a great diversity. For the last 15 years, minority groups, eager to increase their representation on city councils, have questioned the at-large (city wide multi-member district) system of election they think is discriminatory, and have tried to replace it with district (multi-member) elections. Because of their social make up and the very kind and mere cost of the electoral campaings they require, small districts allow minorities to score gains in terms of representation. Electoral reform can be granted by the courts, as a means toward fairer representation, or achieved through political devices, such as ballot initiatives. During the 70's, the electoral issue has created a deep and bitter conflict in San Francisco, between a leftist and minority coalition and conservative groups. Only between 1976 and 1980 was the district system in vigor. In 1977 and 1979, numerous militant candidates campaigned at the grass-roots level and reflected their constituencies social profiles and concerns. At-large candidates used to owe their victories to business and media support. As a reflection of new demands by the emerging political groups and leaders, local legislation became more diversified and innovative in content and more open and conflictual in the making. A new kind of relationship between city councilmen and their constituencies altered the way local government functions. The recent thrust toward electoral reform can be best understood through the strategies adopted by urban minorities and their goal of neighborhood government. Previous electoral arrangements also suited the interests of dominant groups in the machine and reform eras
Remy-Goutard, Axelle. "La communication entre actionnaires en droit américain : réglementation fédérale de 1992". Paris 1, 1997. http://www.theses.fr/1997PA010258.
Testo completoThe 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
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.
Testo completoInternational 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
Dossou, 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.
Testo completoDyevre, Arthur. "L' activisme juridictionnel en droit constitutionnel comparé : France, États-Unis, Allemagne". Paris 1, 2008. http://www.theses.fr/2008PA010266.
Testo completoTchiakpe, Iréné Patrick. "Les théories de l'interprétation constitutionnelle aux Etats-Unis". Paris 10, 1992. http://www.theses.fr/1992PA100047.
Testo completoHow 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
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.
Testo completoCantegreil, Julien. "Lutte anti-terroriste et droits fondamentaux : France, États-Unis, Allemagne". Paris 1, 2010. http://www.theses.fr/2010PA010281.
Testo completoGuyot, Marc. "Ordre concurrentiel et puissance économique : l'exemple des Etats-Unis". Paris, Institut d'études politiques, 1994. http://www.theses.fr/1994IEPP0040.
Testo completoPiriou, Florence-Marie. "Personne morale et droit d'auteur en France et aux États-Unis". Paris 2, 2001. http://www.theses.fr/2001PA020013.
Testo completoDelabie, Lucie. "Approches américaines du droit international : entre unité et diversité". Paris 1, 2009. http://www.theses.fr/2009PA010309.
Testo completoMeunier, Yannick. "Commerce et anthropologie, une relation symbiotique sue l'île Saint Laurent, Alaska". Paris 3, 2001. http://www.theses.fr/2001PA030130.
Testo completoIn 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. .
Ceccaldi, Stéphane. "Extradition et peine de mort dans les relations entre États-Unis d'Amérique, Europe, et États européens". Paris 1, 2007. http://www.theses.fr/2007PA010290.
Testo completoBaudel, Jules-Marc. "La loi américaine du 19 octobre 1976 portant révision du droit d'auteur". Paris 2, 1987. http://www.theses.fr/1987PA020043.
Testo completoThe 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
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.
Testo completoFerry, Claude. "La validité des contrats en droit international privé : France - U.S.A". Montpellier 1, 1988. http://www.theses.fr/1988MON10018.
Testo completoAbout 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
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.
Testo completoThe 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
Ganne, 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.
Testo completoIn 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
Planes, 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.
Testo completoVinel, 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.
Testo completoThe 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.
Testo completoIntellectual 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
Blanc, Florent. "Dissent after September 11 : mobilization of librarians, ACLU, cities and lawyers". Paris, Institut d'études politiques, 2010. http://www.theses.fr/2010IEPP0001.
Testo completoThis dissertation analyzes the practices of political resistance mobilized by different social actors, in the United States, to dissent the implementation of two national security measures adopted after the attacks of September 11th: the Patriot Act of 2001 as well as the detention policies adopted by the Bush administration in the context of the war against terror. Through a theoretical reflection mixing critical approaches of international relations with sociology of social mobilizations and legal and constitutional studies, this project intends on contributing to the field of security studies by furthering the understanding of the securitization/desecuritization processes through an insistence on the necessity to take into account the role played by social actors situated at the external border of the field of the professionals of security and the management of unease. Basing this analysis on the historical evolution of the repertoires of contention of these actors, this dissertation highlights the distanciation of dissent in times of national security crises as well as the preference for resorting to litigation as a way to limit the exceptional powers claimed by the administration. This work contributes to the understanding of the mechanisms of desecuritization and demonstrates the necessity of a more sociological approach of international security issues through the attention paid to the impact of local resistances in the reconceptualization of security policies
Mouanga, Stella. "La médiation comme mode alternatif de réglement des contentieux commerciaux en droits français et américain". Paris 10, 2009. http://www.theses.fr/2009PA100085.
Testo completoThe emergence of mediation as an alternative dprocess in the United States and in France shows the real willingness of the American and French authorities to provide a concrete response to the problems of the civil justice, namely delay, costs and complexity of the procedure. Mediation is more flexible, faster and cheaper. For all these reasons, mediation can interest businesses in search for settled solutions rather than imposed decisions. Mediation can be judicial, that is to sayt it is proposed by the judge to the litigants while the trial has commenced, or contractual when the parties anticipate in a special clause the resolution of any difficulty arising of a contract by refering to mediation. In general, mediation is a contractual process in which the mediator assists the parties to use their right to negotiate agreements in order to settle their disputes but also to frame their business relations. This process is substantially different from the judicial procedure in the sense that it is essentially a form of negotiation: parties reach an agreement on a voluntary basis and thus they have the power to schedule the negotiation sessions as well as the final agreement. The primary goal of mediation is not the conclusion of an agreement because it is first a means of establishing dialogue between the parties so that they can engage in a reconciliation way. The parties’final agreement, generally named mediated settlement agreement, is essentially governed by the law of contract. If this contractual qualification is obvious enough because the agreement is the result of confidential negotiations between the parties, its international execution is far from being easy beacause of this contractual terminology
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.
Testo completoAs 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. .
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.
Testo completoThe 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 "
Lubin, Willy. "Libertés individuelles et police en droit américain et français". Montpellier 1, 1996. http://www.theses.fr/1996MON10012.
Testo completoThe 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
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.
Testo completoNgombé, Yvon Laurier. "Le droit d'auteur français et le copyright américain, fondements historiques : étude comparative". Nantes, 2000. http://www.theses.fr/2000NANT4017.
Testo completoLaurent-Bellue, Bernard. "Les défenses aux offres de prise de contrôle aux États-Unis d'Amérique". Paris 1, 1992. http://www.theses.fr/1992PA010265.
Testo completoDefenses 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
Lebret, Audrey. "Prélèvements d’organes et droits fondamentaux aux États-Unis et en Europe". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020046.
Testo completoThe removal of organs for the purpose of transplantation involves damaging a human body in order to save another person. This intervention calls for an analysis of the interactions between the donor and the awaiting patient’s fundamental rights within organ donation norms. Born at the same time in the United States and in Europe, organ transplantation has to deal with the same challenges nowadays, in spaces based on the free movement of persons and goods. The objective is to identify and compare the fundamental rigts of the living and deceased organ donor, in Europe and in the United States, and to analyze their interactions with the potential recipient’s rights. The thesis argues that living organ donation norms ensure a convergence of those rights by promoting a solidarian autonomy, despite some limitations. On the other hand, deceased organ donation norms have a hard time to ensure a balance of rights, either because some rights cannot be the objet of a compromise or because the rights are shared between the deceased person, the State and the deceased’s relatives
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.
Testo completoCourts’ 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.
Testo completoDion, 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.
Testo completoThe 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
Diallo, Souleymane Sadio. "La notion de bien et de mal dans la production de la politique intérieure et extérieure américaine". Versailles-St Quentin en Yvelines, 2011. http://www.theses.fr/2011VERS024S.
Testo completoThe concept of Good and Evil is a concept used in the United States since the country's independence. However, the use of this concept has taken a new dimension with the development and transformation of conservatism in the first half of the nineteenth century, which accelerated in the last decades of the twentieth century. The Cultural Revolution in America after the Second World War and the fight against the Soviet empire considered as an "evil" by U. S. Officials in particular Ronald Reagan attended the rightward of the American public opinion and the triumph of conservatism. This concept subject to different interpretations is now a source of violent clashes at the state level with huge consequences on international relations. The Islamist fundamentalist and evangelical movements continue to use this concept to impose their political-religious world. Hence the development of terrorism. For theorists neoconservatives, the best answer to the question of terrorism following the attacks of September 11, 2001 is that the U. S. Face their imperial role by using the most hard power. The attacks of September 11 were in their view, the result of partial renunciation hegemonic spirit. From the conservative Ronald Reagan to the religious George W. Bush, the neo-conservatives, these former liberals from the left, converted to conservatism hardcore, obsessed by the notion of power worked behind the scenes to develop a theory and philosophy on the role of America in international relations, its traditional values and national identity. Indeed, since the defeat in Vietnam, Washington had suffered a series of military setbacks, but also policies that the Soviet Union had benefited. Add to this the economic, cultural, and social. These followers of Leo Strauss, who sang the praises of Roosevelt or Truman, and which were marked by these events, have become apostles of imperialism and a new messianism in order to defend the interests and American leadership. For years, American power has been used officially in the service of oppressed peoples in the UN framework, and defensively, but with Bush Jr. Administration has seen a crusade against the "axis of evil" with implementation of preventive war, regarded by the neo-conservatives as a theory based on correct arguments. Operation Iraqi Freedom was conducted, not by philosophical principles that dictate the doctrine of just war, but in the name of the fittest. Where the goal was probably to practice the idealistic vision, Manichean neo-conservatives and control of strategic positions. Its application is a milestone in international relationsThe return of the Democratic Party administration with Barack Obama, which symbolizes openness and hope in the U. S. And the world obscures much beyond its pragmatism, the idea that the U. S. Perception, Evil is everywhere and is watching the United States. Hence the need to use force if necessary to protect the borders and vital American interests
Grelié, Julien Jacques. "Le contrat d'assurance en France et aux Etats-Unis : aspects de droit comparé". Nantes, 2011. http://www.theses.fr/2011NANT4015.
Testo completoLe 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
Darwish, 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.
Testo completoThis 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
Beaurain, Christophe. "Action privée, action publique : le libéralisme à l'épreuve de l'intérêt public : la législation dans le secteur des télécommunications en France et aux Etats-Unis entre 1840 et 1930". Paris 13, 1993. http://www.theses.fr/1993PA131028.
Testo completoThis thesis aims at showing how, in the setting up of a telecommunications legislation between 1840 and 1930, liberal co ncerns to insert services in the market economy adapted to the protection of the public interest. Then it is proved that in the setting of a affirmation of individual liberty, the action supporting the widest access to the services offered was continuously refered to the impulse given by the society as a whole to set up a public regulation respecting nationa l modalities of the affirmation of individual rights. A comparative approach conducted on the basis of arguments put forward by some economists on the subject of public regulation of the means of communication enables us to measure the differences which exist in the national modalities of such an arrangement. The positions of a. T. Hadley and r. T. Ely in united states, those of the "french liberal school" and those of l. Walras and c. Colson in france, are successively analysed. This analysis also reveals us that the decisive contribution to the setting up of a long-lasting regulation lies in the ability of each models of public action to use elements of a foreign model
Ragueneau, Alan. "Les contrats de mise à disposition d'oeuvre sur les réseaux numériques : étude de droit matériel et analyse de conflit de lois en droit américain et français". Nantes, 2008. http://www.theses.fr/2008NANT4027.
Testo completoContracts for making a work available online can be a sale – rental, service, copyright or sui generis agreement. This lack of uniformity is the result of the various ways a work can be exploited on the digital networks. Next to the traditional business models such as sale – rental or sale of copies or services, copyright owners can now base their revenue on consumers' restricted acts – "from having copies to experiencing works". When a work is copyrighted, the transaction is a copyright contract. When there is no such protection, it is a sui generis contract. The control over consumer's acts of access and or use of the work is based on the contractual provisions and technical measures. Choice of law analysis varies from contract to contract. Regarding contract-conflicts regime, choice of law rules will have different sources. For example, The Hague Convention on the sale of tangible goods may apply to online sale of copies while copyright contract falls outside its scope of application. Regarding copyright-conflicts regime, we are trying to define one single choice of law rule fo all copyright issues that combines the traditional lex loci protectionis with the new emerging concept of "focalization". There are two mechanisms to coordinate copyright-conflicts and contract-conflicts regimes. Characterization is the primary tool in France while unilateral (public policy also known as mandatory rules) approach is more used in the USA. Here, we argue that national copyright laws may become mandatory if one considers that contracts for making a work available is the cornerstone of private ordering
Almeida, Kato Mariana. "La transparence de la justice constitutionnelle : une étude de droit comparé (France, Brésil, États-Unis)". Electronic Thesis or Diss., Reims, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226580.
Testo completoThe subject of the thesis is the analysis of transparency in constitutional jurisdiction from a comparative perspective. The development of constitutional justice is one of the essential qualities of contemporary legal systems. The institutions entrusted with the responsibility of safeguarding the Constitution have increasing importance in modern democracies, for not a very long time in France and more in other countries. In parallel, in these same democracies, the exigency of transparency of public action continues to gain importance. Many legal or constitutional devices encourage transparency in different perspectives: the fight against corruption, control, confidence, or citizen participation. But transparency also presents some challenges, for example, regarding the deliberation process or the surcharge of a jurisdiction. In this context, the project reunites, for the first time, two different subjects - transparency and constitutional jurisdiction - which have never been studied together in a profound analysis, despite its importance. The thesis will precisely examine the rules concerning the regulation or limitation of the transparency in the constitutional courts, such as the nomination process for constitutional courts judges, judicial disqualification, choice of cases to be examined in detail, motivation and decision making, publicity of dissident opinions, role of judge's collaborators, the access to the deliberation and documents, publication of the amici curiae and also public hearings and its diffusion. Moreover, while the Conseil constitutionnel is often presented as a constitutional court similar to those existing in other European states, the confrontation with the experiences of Brazil and the United States will allow to measure the degree of transparency of this institution and to extend the research
Stambolis-Ruhstorfer, Michael. "The culture of knowledge : constructing "expertise" in legal debate on marriage and kinship for same-sex couples in France and the United States". Paris, EHESS, 2015. http://www.theses.fr/2015EHES0111.
Testo completoThis dissertation asks how and why american and french decision-makers—and those striving to persuade them-use specific kinds of "experts" and "expertise" when debating if same-sex couples should have the right (or not) to marry and found families. To answer these questions, I analyze archival, interview, and ethnographic data to study "expertise"—conceived broadly—in media, legislative, and judicial debates on the U. S. State, U. S. Federal, french, and european levels from 1990 to 2013. I find that, despite addressing the same issues, decision-makers draw on divergent categories of "experts" mobilizing types of knowledge that follow systematic cross-national patterns. For instance, french institutions hear professors and intellectuals who discuss gay family rights in the abstract while U. S. Institutions hear ordinary citizens whose lived experiences ground academic testimony. Furthermore, some "expertise", such as economics in the U. S. Or psychoanalysis in France, is pervasive in one context but absent in the other. I argue that nationally specific patterns in "expertise" are due to embedded institutional logics, legal structures, and knowledge production fields that impact how information is produced, made available, and rendered legitimate nationally and historically
Weyd, Nathalie. "Les O. P. A. Aux États-Unis : étude du contexte réglementaire et de la dernière jurisprudence". Paris 1, 1990. http://www.theses.fr/1990PA010263.
Testo completoThe exceptional increase of the tender offers in the united states since the early 1980ies was connected with a change in the economic and financial environment. The regulation set up in 1968 at the federal federal level can seem to be out of date, even if the U. S. Judges try to maintain a balance between the shareholders' protection and the requirements of the economic restructuring in the u. S. The potential target companies take some to defeat the attempts of tender offers and adopt a wide range of defensive measures which intend to deter potential raiders. Such defensive tactics have led the states of the u. S. To be more involved and to offer a protective framework for companies which try to fight against tender offers. The state laws are varied and a standard-law according to the general principles of the last decisions taken by the U. S. Supreme court would be useful in order to specify the scope of the states power to regulate tender offers. Such a new regulation should come from the federal authorities
Ashta, Arvind. "Le fédéralisme fiscal (Australie, Canada, États-Unis, Inde) : les aspects fiscaux du droit budgétaire". Paris 2, 1996. http://www.theses.fr/1996PA020099.
Testo completoFederalism promises to combine the advantages of diversity with economies of scale by a division of tasks between two levels of government. The exact division, formalised in the constitution and by the jurisprudence and influenced by inter-governmental competition, varies from one federation to another : in usa, all the levels use almost all the taxes, whereas in india, the taxes and tax-bases are very strictly apportioned. Within each federation, fiscal policy varies from one state to another. The state of new york imposes a sales tax of 8. 25%, while delaware doesn't use this tax at all. This diversity is nuanced by competition among the states within the federation. For example, the abolition of succession duties in alberta in 1967 was finally imitated by all the canadian provinces ending with quebec in 1985. Inspite of the diversity of "divisions" between federations and inspite of legal mechanisms insuring a certain autonomy for states, each federation shows a fiscal disequilibrium menacing the financial autonomy of states, who are thus dependent on the federal government. This vertical disequilibrium (insufficient resources at the state level) is compounded by a horizontal disequilibrium (enormous differences among member states). This necessitates the creation of mechanisms for fiscal intergration in order to perpetuate the existence of the union. In the name of integration, the disequilibrium permits federal controle of states; by taking over their debts and influencing their fiscal policies