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Letteratura scientifica selezionata sul tema "Jurisprudence united states"

Autore: Grafiati

Pubblicato: 29 luglio 2024

Ultima modifica: 31 luglio 2024

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Articoli di riviste sul tema "Jurisprudence united states"

Tamanaha, Brian Z. "Sociological Jurisprudence Past and Present". Law & Social Inquiry 45, n. 2 (12 luglio 2019): 493–520. http://dx.doi.org/10.1017/lsi.2019.26.

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Through the mid-twentieth century, jurisprudents considered sociological jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. The topics covered in this essay are the circumstances surrounding the origin of sociological jurisprudence, the tenets of sociological jurisprudence, the successes of sociological jurisprudence, its relationship with sociology of law, its relationship with legal realism, its place in contemporary jurisprudence, and finally, the need to keep jurisprudence open.

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Telesetsky, Anastasia. "Maritime Historic Rights in United States Jurisprudence". Korean Journal of International and Comparative Law 7, n. 2 (4 ottobre 2019): 189–207. http://dx.doi.org/10.1163/22134484-12340124.

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Abstract This article provides a review of the major “historic rights” cases in United States federal jurisprudence involving disputes between the United States and its constituent states. On the basis of these cases, the article describes the three step-approach taken by the judiciary in deciding whether there are cognizable “historic right” claims.

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Green, Craig. "United/States: A Revolutionary History of American Statehood". Michigan Law Review, n. 119.1 (2020): 1. http://dx.doi.org/10.36644/mlr.119.1.united/states.

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Where did states come from? Almost everyone thinks that states descended immediately, originally, and directly from British colonies, while only afterward joining together as the United States. As a matter of legal history, that is incorrect. States and the United States were created by revolutionary independence, and they developed simultaneously in that context as improvised entities that were profoundly interdependent and mutually constitutive, rather than separate or sequential. “States-first” histories have provided foundational support for past and present arguments favoring states’ rights and state sovereignty. This Article gathers preconstitutional evidence about state constitutions, American independence, and territorial boundaries to challenge that historical premise. The Article also chronicles how states-first histories became a dominant cultural narrative, emerging from factually misleading political debates during the Constitution’s ratification. Accurate history matters. Dispelling myths about American statehood can change how modern lawyers think about federalism and constitutional law. This Article’s research weakens current support for “New Federalism” jurisprudence, associates states-rights arguments with periods of conspicuous racism, and exposes statehood’s functionality as an issue for political actors instead of constitutional adjudication. Flawed histories of statehood have been used for many doctrinal, political, and institutional purposes in the past. This Article hopes that modern readers might find their own use for accurate histories of statehood in the future.

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SIM, KWAN KIAT. "Rethinking the mandatory/discretionary legislation distinction in WTO jurisprudence". World Trade Review 2, n. 1 (marzo 2003): 33–64. http://dx.doi.org/10.1017/s1474745603001319.

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A WTO member state whose legislation is alleged to have infringed WTO rules often invokes the mandatory/discretionary distinction, which states that only legislation mandating actions inconsistent with WTO rules can be challenged; legislation merely granting the discretion to do so cannot be challenged. This article highlights the treatment of this distinction by the Panel and the Appellate Body in recent decisions, in particular, United States–Section 211 Omnibus Appropriation Act of 1998 (‘US–Section 211’), and United States – Countervailing Measures Concerning Certain Products from the European Communities (‘US–Countervailing Measures’). The reasoning and analysis in these cases extended beyond the characterization of the form of the legislation to an examination of the effect of the legislation, and may portend a reconsideration of the mandatory/discretionary distinction and a reformulation of the test for reviewing a state's legislation for WTO-compliance.

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Appelbaum, Paul S. "The Empirical Jurisprudence of the United States Supreme Court". American Journal of Law & Medicine 13, n. 2-3 (1987): 335–49. http://dx.doi.org/10.1017/s009885880000839x.

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The age of empirical jurisprudence appears to be upon us. At both trial and appellate levels, empirical data are playing ever more prominent roles in civil and criminal adjudication. Expert witnesses were once confined to a narrow class of forensic scientists. Today psychologists, sociologists, statisticians, and other empirical researchers regularly testify in court. Lawyers aware of the value of using empirical argument hire expert witnesses to discuss and dispute vast bodies of data often generated precisely for the purpose of influencing legal decision-makers.Courts are continually being asked to settle broad issues of social policy, many of which turn on empirical analyses of the effects of actual and proposed statutes, regulations, and judicially-generated rules. As a result, the use of data-oriented arguments continues to grow. Scholars are looking for change in the traditional structures for regulating the introduction of data into evidence, and have proposed innovative procedures that recognize the potential contributions of empirical results.

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Parry, John T. "Ahmad and Others v. The United Kingdom (Eur. Ct. H.R.)". International Legal Materials 52, n. 2 (aprile 2013): 440–95. http://dx.doi.org/10.5305/intelegamate.52.2.0440.

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In Ahmad and Others v. United Kingdom, the European Court of Human Rights (the Court) upheld the extradition of several suspected terrorists to the United States, despite the possibility that if convicted, the suspects could face life sentences and imprisonment or both, in a “supermax” prison. This decision marks another important step in the development of the Court’s Article 3 extradition jurisprudence. It also illustrates the uneasy tension between that jurisprudence and the efforts of European states to cooperate with U.S. anti-terror initiatives.

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강경래. "Drug Court as a Therapeutic Jurisprudence in the United States". HUFS Law Review 37, n. 4 (novembre 2013): 21–39. http://dx.doi.org/10.17257/hufslr.2013.37.4.21.

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Machaj, Łukasz. "Symbolic communication as speech in united states supreme court jurisprudence". Wroclaw Review of Law, Administration & Economics 1, n. 1 (1 giugno 2011): 38–50. http://dx.doi.org/10.2478/wrlae-2013-0039.

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Mijangos González, Javier. "La doctrina de la Drittwirkung der Grundrechte en la jurisprudencia de la Corte Interamericana de Derechos Humanos". Teoría y Realidad Constitucional, n. 20 (1 luglio 2007): 583. http://dx.doi.org/10.5944/trc.20.2007.6772.

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Through a study of the jurisprudence of the region over the last twenty years, it becomes possible to see that the CIDH has constructed an entire theory about the applicability of fundamental rights in relations between individuals in Latin America. Through this theory it has addressed the most important social problems in contemporary Latin American history, thus contributing to the transition to democracy for many countries in the region. The study will analyze the stages that the jurisprudence of the CIDH has passed through and which have led to the current criteria that this organization uses. The first stage consists of a series of rulings whose common denominator is the analysis of the obligation of respect and vigilance for fundamental rights by the states listed in article 1.1 of the American Convention on Human Rights. This principle, which is ever-present in its jurisprudence, brings the Inter-American Court to approaches that are similar to those proposed by the United States doctrine of state action, as it makes use of a good number of rulings made by the Supreme Court of the United States between 1960 and 1980. In the second stage, the importance originally placed on determining the characteristics of the agent who committed the violation of fundamental rights is replaced by a series of approaches in which the nature of the actual violation itself becomes the focus. In this phase, the Inter-American Court establishes the idea that the fundamental rights listed in the Convention are erga omnes obligations that are imposed not only in relation to the power of the State but also with respect to the actions of third-party individuals. Finally, the third stage in the evolution of the court’s jurisprudence is represented by the most pertinent case in this matter: Opinión Consultiva 18/03, requested by the United Mexican States regarding the legal status of immigrants. This resolution, which has established a trend up until today, definitively establishes the direct effectiveness of the fundamental rights in relations between individuals.

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Cohn, Stuart R. "Mergers and Antitrust Regulation in the United States". Leiden Journal of International Law 1, n. 2 (novembre 1988): 137–48. http://dx.doi.org/10.1017/s0922156500000832.

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In his article on mergers and antitrust regulation in the United States, Professor Cohn describes the intricate relationship between the two concepts. Antitrust law is analyzed along the lines of the Sherman Act, the Clayton Act and the Hart-Scott-Rodino Act. Furthermore, Professor Cohn frequently refers to relevant jurisprudence in his efforts to clarify the present-day legal situation in the United States with respect to horizontal and vertical mergers. He concludes that merger law in the United States is an amalgam of state and federal law which does not account for a ‘unified set of rules governing mergers’.

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Tesi sul tema "Jurisprudence united states"

Wren, John Thomas. "Republican jurisprudence: Virginia law and the new order, 1776-1830". W&M ScholarWorks, 1988. https://scholarworks.wm.edu/etd/1539623779.

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The purpose of this study is to utilize the insights provided by the decisions of the Virginia Court of Appeals during the years 1776-1830 to gain a fuller understanding of the concept of "republicanism" through an analysis of its application in courts of law.;It is clear that in the years after the Revolution, the Virginia Court of Appeals made a striking statement about the nature of that Revolution in Virginia. It defined a new constitutional order by elevating the Virginia constitution to the plane of higher law, and by articulating and implementing the doctrine of popular sovereignty. The court made workable such previously theoretical constructs as the separation of powers, and adapted the English legal heritage to republican dictates and the demands of a new society. It was also instrumental in applying new republican conceptions to specific areas of the law. In so doing, the court displayed a clear deference to the policy initiatives of the legislative branch.;While applying republican principles, the Virginia court added a decidedly conservative gloss, favoring stable rules of law and the protection of existing property rights at every opportunity, in the process supporting the existing political order. at the same time, the Virginia Court of Appeals was in the forefront of a localistic response to the challenges posed by the establishment of a new federal government.;Taken together, these conclusions suggest that Virginia retained in large part a conservative, localistic strain of republicanism well into the nineteenth century, while its judiciary remained essentially incrementalist in its policy-making approach.

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Krouse, Anna Leslie. "Eavesdropping on History: Olmstead v U.S and the Emergence of Privacy Jurisprudence during Prohibition". W&M ScholarWorks, 2011. https://scholarworks.wm.edu/etd/1539626657.

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Telless, Stephen Edward. "A jurisprudence of doubt the Roberts court and the future of abortion in the United States /". To access this resource online via ProQuest Dissertations and Theses @ UTEP, 2008. http://0-proquest.umi.com.lib.utep.edu/login?COPT=REJTPTU0YmImSU5UPTAmVkVSPTI=&clientId=2515.

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Vihlene, Shannon Marjorie. "Custer's Last Drag: An Examination of Tobacco Use Among the Seventh Cavalry During the Nineteenth Century". The University of Montana, 2008. http://etd.lib.umt.edu/theses/available/etd-06172008-151740/.

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Tobacco has played an integral role in global history, and there are numerous historical records related to tobacco use over the past five hundred years. The odontological evidence recovered from the Custer National Battlefield infers a high frequency of tobacco use within the Seventh Calvary, yet nineteenth century historical records fail to mention such intensive use in the Seventh Calvary. This paper will briefly discuss late nineteenth century tobacco culture and apply that to a bioarchaeological research project associated with remains from the Custer National Battlefield to addresses this contradiction between historical and physical records.

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King, Jerrell. "Study of whether united states supreme court sex-discrimination jurisprudence is well-grounded in fourteenth amendment legislative history". Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/859.

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The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. The methodology that was employed for this thesis was through the researching of all relevant United States Supreme Court cases as to what was written by the Justices in their opinions. Research was conducted into the relevant law review articles on the subject of legislative history of the Fourteenth Amendment, Supreme Court sex-discrimination jurisprudence, and the historical impact of Court decisions on the law relative to sex-discrimination. After extensive research, it was discovered that the United States Supreme Court has established over 144 years' worth of sex-discrimination jurisprudence. The law review article research revealed that the lack of legislative history research by the Court has not gone unnoticed by the legal community or the women's rights community since the Fourteenth Amendment was originally drafted. The research and analysis of the sources of sex-discrimination from cases, law review articles, and books on the subject, led to the conclusion that no Fourteenth Amendment legislative history was ever used by the Supreme Court of the United States as part of its development of sex-discrimination jurisprudence.
B.S.
Bachelors
Health and Public Affairs
Legal Studies

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Sumar, Albujar Oscar. "The Court of Roberts (the United States Supreme Court) versus the peruvian Constitutional Court: free competition in constitutional jurisprudence". THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108110.

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Within the framework of the process of constitutionalization of Law, the treatment towards antitrust regulation is being discussed on the jurisprudential level. An idea has appeared that suggests that deciding against antitrust regulationis beneficial for companies, but has a negative impact towards societyIn the present article, the author does a comparison between the Peruvian Constitutional Court jurisprudence about antitrust and the jurisprudence of the Supreme Court of the United States, demonstrating that tending towards regulation is harmful for society.The author also raises the question about the reasons for which the Supreme Court of the United States has a clear and defined criteria to decide when it is convenient to regulate antitrust, called “decision theory”, while the Peruvian Court has an erratic and unjustified criteria to decide aboutregulation of antitrust.
En el marco del proceso de constitucionalización del Derecho, el tratamiento de la libre competencia se ha venido discutiendo a nivel jurisprudencial. Así, ha surgido la idea de que decidir no regu-lar la libre competencia beneficia a las empresas,mas no a la sociedad en general.En el presente artículo, el autor propone una comparación entre la jurisprudencia respecto a la libre competencia del Tribunal Constitucional peruano y la de la Corte Suprema de los Estados Unidos, buscando demostrar que, más bien, tender a la re- gulación es perjudicial para la sociedad.Asimismo, el autor abre la interrogante acerca de las razones por las cuales la Corte estadounidense tiene un criterio claro respecto a cuándo no es conveniente la regulación, mientras que el Tribunal peruano tiene un criterio errático y no justificado para tomar decisiones al respecto.

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Mapp, Wayne Daniel. "The Iran-United States Claims Tribunal, 1981-1987 : an assessment of the Tribunal's jurisprudence and its contribution to international arbitration". Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.329997.

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Bundzen, Anna. "The United States Supreme Court and the European Court of Justice : A Comparative Study of Compliance". Thesis, Örebro universitet, Akademin för juridik, psykologi och socialt arbete, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-20655.

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This paper comparatively compares compliance to the rulings of the United States Supreme Court and the ECJ by the state/member state courts. Besides comparing the compliance to the two courts judgements, the paper also tries to establish how to increase compliance with these rulings in the future. This is done because compliance is an important aspect of a functioning judicial system, and a comparison might reveal solutions from one side that could be utilized on the other. The main resources used in this book are: articles, books, webpages and statistics on the subject. The main focus lies on the legal approach, but as a comparative study, elements of political science have been used as well. The results of the comparison show that although statistical compliance is quite high, the actual compliance might be lower due to lack of knowledge or political divisions. Increasing the actual compliance is then a good strategy to be sure that lower courts follow the rulings correctly. The conclusion of this paper is that political and policy divisions in a country, or between an organization and its members results in non- compliance. Reducing this kind of friction will help increase compliance to decisions, not only statistically but also in practice, as the lower courts will feel more comfortable with the rulings. An increase of knowledge of the subject, and the development of efficient judicial mechanisms in a state will also help assure correct interpretation of the rulings.

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Bonneau, Chris W. "Justice Ruth Bader Ginsburg and the feminine voice". Virtual Press, 1998. http://liblink.bsu.edu/uhtbin/catkey/1100447.

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This paper examines whether Justice Ruth Bader Ginsburg demonstrates any evidence of a "feminine voice" in her opinions. There has been much jurisprudential literature written recently regrading the possible existence of a "feminine voice." This paper surveyes the literature and defines what is meant by a "feminine voice." The paper proceeds to analyze some of Justice Ginsburg's opinions to determine if a "feminine voice" is present. This study focuses on four areas of law the literature suggests evidence of a "feminine voice" might be found: cases involving gender, race, the Establishment Clause, and physician-assisted suicide. With the exception of cases concerning race, no evidence of a "feminine voice" was found. In race cases, there is evidence to suggest that Justice Ginsburg arrives at her decision in a way that is different from her male colleagues. The lack of evidence of a "feminine voice" in the other areas does not mean that no such voice exists; rather, it is just not present in all of the decisions written by Justice Ginsburg. The paper concludes that, at least in cases involving race, Justice Ginsburg does reason in a "feminine voice." While this is a narrow finding, the fact that there is evidence of a "feminine voice," at least in some cases, suggests that gender does play a role in judicial decision-making at the United States Supreme Court level.
Department of Political Science

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Criger, David W. "Systemic preservation and political legitimation a critical examination of the Sherman Anti-trust Act of 1890 /". Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/6078.

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Thesis (M.A.)--University of Missouri-Columbia, 2008.
The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on August 19, 2009) Includes bibliographical references.

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Libri sul tema "Jurisprudence united states"

Duxbury, Neil. Patterns of American jurisprudence. Oxford: Clarendon Press, 1995.

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Lymont, Harvey B. Jurisprudence of Supreme Court Justice Stevens. New York: Nova Science Publishers, 2011.

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Aldrich, George H. The jurisprudence of the Iran-United States Claims Tribunal. Oxford: Clarendon Press, 1996.

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Futrell, William H. The history of American customs jurisprudence. Union, N.J: Lawbook Exchange, 1998.

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Llewellyn, Karl N. Jurisprudence: Realism in theory and practice. Union, N.J: Lawbook Exchange, 2000.

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Dowling, Shelley L. The jurisprudence of United States constitutional interpretation: An annotated bibliography. Littleton, Colo: F.B. Rothman, 1999.

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Curtis, Benjamin Robbins. Jurisdiction, practice, and peculiar jurisprudence of the courts of the United States. Littleton, Colo: F.B. Rothman, 1989.

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Gedicks, Frederick Mark. The rhetoric of church and state: A critical analysis of religion clause jurisprudence. Durham, N.C: Duke University Press, 1995.

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Federman, Cary. The body and the state: Habeas corpus and American jurisprudence. Albany, NY: State University of New York Press, 2008.

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Behuniak, Susan M. A caring jurisprudence: Listening to patients at the Supreme Court. Lanham, Md: Rowman & Littlefield Publishers, 1999.

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Capitoli di libri sul tema "Jurisprudence united states"

Epstein, Daniel Zachary. "The American Political History and Jurisprudence Behind Congressional Delegation of the Investigative Power". In The Investigative State: Regulatory Oversight in the United States, 15–53. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-38461-5_2.

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Moreland, Michael P. "A Survey of the United States Supreme Court’s Abortion Jurisprudence". In Abortion, 229–40. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-63023-2_19.

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Edelman, Martin. "Change is a Sometimes Thing: Constitutional Jurisprudence in the United States". In The Politics of Constitutional Reform in North America, 237–54. Wiesbaden: VS Verlag für Sozialwissenschaften, 2000. http://dx.doi.org/10.1007/978-3-663-11628-8_12.

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Hornuf, Lars, Sonja Mangold e Yayun Yang. "Data Protection Law in Germany, the United States, and China". In Data Privacy and Crowdsourcing, 19–79. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-32064-4_3.

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AbstractThis chapter examines data protection laws in Germany, the United States, and China. We describe the most important legal sources and principles of data protection and emphasize the rights of data subjects, with particular attention to personal and sensitive data. The legal frameworks for data protection on crowdsourcing platforms in the three countries show significant differences, but also some similarities. In the United States no federal omnibus regulation on the protection of personal data exists so far. The state of California recently enacted a consumer protection law similar to the GDPR. China started developing its privacy legislation after Germany and the United States, in some parts again similar to the GDPR. A characteristic of the Chinese approach is the different protection regime of personal rights with respect to private actors and to the state government. While privacy rights have expanded in the private sector, threats to privacy posed by state actors have received little attention in Chinese jurisprudence.

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Can, S. Hakan, e Durant Frantzen. "Search and Seizure Jurisprudence: Community Perceptions of Police Legitimacy in the United States". In Policing and Minority Communities, 125–42. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-19182-5_8.

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Bharadwaj, Ashish, Vishwas H. Devaiah e Indranath Gupta. "Comparative Analysis of Policy Developments". In Locating Legal Certainty in Patent Licensing, 1–50. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-15-0181-4_1.

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AbstractThe regulatory mechanisms and public policies governing licensing of Standard Essential Patents (SEPs) are constantly adapting to the needs of the high-tech industry and evolving jurisprudence. This chapter focuses on policy changes in five jurisdictions—the United States of America (USA), the European Union, China, Japan and India. We outline areas of policy convergence and divergence in global standard setting and SEP licensing among them. Policymakers and technology specialists in each jurisdiction have a certain vision of improving the current framework governing standardization and SEP licensing in the interest of multiple stakeholders.

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McGraw, Barbara A., e James T. Richardson. "Tolerance and Intolerance in the History of Religious Liberty Jurisprudence in the United States and the Implementation of RFRA and RLUIPA". In Secularization, Desecularization, and Toleration, 233–56. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54046-3_12.

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Barsley, Robert E., e Haskell M. Pitluck. "United States Jurisprudence". In Forensic Odontology, 207–16. Elsevier, 2018. http://dx.doi.org/10.1016/b978-0-12-805198-6.00010-4.

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"8 United States Jurisprudence". In Destructive Messages, 119–28. New York University Press, 2022. http://dx.doi.org/10.18574/nyu/9780814784297.003.0011.

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"13. The Calculation Regulations in the United States and England". In Comparative Tax Jurisprudence, 180–94. New York University Press, 2021. http://dx.doi.org/10.18574/nyu/9780814737774.003.0016.

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Atti di convegni sul tema "Jurisprudence united states"

Naydenov, Egor. "CORRUPTION CRIMES AS ONE OF THE GROUNDS FOR IMPEACHMENT IN FOREIGN COUNTRIES". In Current problems of jurisprudence. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02032-6/153-164.

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The article deals with the regulation of impeachment proceedings in foreign countries on the example of the United States and Brazil. The types of impeachment, stages and procedures, and grounds for initiating and removing officials from office are analyzed. The article compares the procedure of impeachment of the President in Russia and in these countries. Special attention is paid to the impeachment process against Rousseff, who is accused of corruption crimes.

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Kipriyanov, Vladislav, e Elnur Baharov. "LEGAL PROTECTION OF “KNOW-HOW” IN certain FOREIGN COUNTRIES". In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/174-181.

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The article considers approaches to understanding “know-how” in certain foreign countries. The provisions of international documents regulating production secrets are described. The author describes several theories of understanding trade secrets, considers some features of the protection of production secrets in the United States, France, and Switzerland. It is concluded that the legal protection of “know-how” in the EU countries is very effective, and the legislation of these countries regulating this issue is quite developed. The legal norms meet all the criteria established by the World Intellectual Property Organization.

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Sokol'skaya, Lyudmila. "Formation of United Eurasian Legal Space: Problems and Stages". In II public readings "Actual problems of comparative jurisprudence". Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1031.11.

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Иванников, Иван, e Ivan Ivannikov. "Legal Education in Russia: Past, Present, Future". In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6fa74f44b2.93145717.

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Abstract (sommario):

The article actualizes the question of the quality of legal education in modern Russia, its relationship with the security of society and the state. Unlike the Russian Empire and the USSR, the quality of legal education in the Russian Federation is low. Three main problems of poor quality of education were noted: 1) to obtain a unified master's legal education without a basic bachelor's legal education, that is, people who do not have a first level are admitted to the second level of education; 2) a large number of non-core universities and non-state educational institutions that train lawyers in the absence of the required number of qualified teaching staff: 3) paid education in the specialties on which the life and destiny of a person depends, first of all, medicine and jurisprudence. The author also opposes the practice of providing certificates of non-conviction from the bodies of the Ministry of Internal Affairs. The prohibition to engage in any activity can be fixed only in the law and only by a court decision.

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Stepanenko, Raviya, Alena Soldatova, Yakov Soldatov, Kirill Lyagin e Ayaz Saifullin. "Methodological problems of countering terrorism: a theoretical-legal aspect". In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.rqkx5127.

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The article discusses the theoretical and methodological problems of studying terrorism and the system of measures to counter it. Traditional methodological approaches have remained the important ways of organizing legal knowledge; they do not fully provide a comprehensive, integrated and systematic analysis of the extremely destructive manifestations of terrorism. Taking into account the implicitness of the methodology of positivist jurisprudence, which assigns a dominant role to the legislative sphere in the prevention of offenses, including crimes, the authors substantiate a synergetic approach. The latter, defining social systems as open rather than closed formations, contributes to a significant expansion of ideas about the negative impact of many factors (political, economic, socio-cultural ones, etc.) on the formation and development of terrorist ideas, views, goals and ways of their implementation. Russian and foreign legislation also notes a multifactorial set of reasons that contribute to the spread of ideology and the transformation of terrorist views and ideas in different states. The interdisciplinarity of synergetics, which studies the phenomenon (system) under consideration, should contribute to the development of a unified scientific view of the nature and essence of terrorism, which is necessary to improve rule-making and law enforcement in matters of global counterterrorism.

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Semitko, Alexey. "Private-Public Law Dichotomy: A Comparative Analysis of Ideas". In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.

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The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.

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