civil law and criminal law

• Impact of civil law principles on Russia's military legislation and consequences for its criminal law.

Russia's transition to market relations, which took place at the turn of the millennium, has had a substantial impact on the quality of legislative ac...

• Military Thought
• Vol. 18 Nbr. 2, April 2009

• The Undercivilization of Corporate Law

A system that allows the nonculpable to be punished can be described as having Type I errors, and a system that allows the culpable to go unpunished has Type II errors. This article argues that civil law and criminal law in the corporate law arena must be harmonized to restore the traditional policy preferences of allowing free access to the civil courts while harnessing prosecutorial power. In any system that determines guilt or liability, participants in that system should want to reduce both Type I errors, in which a nonculpable party is found to be culpable, and Type II errors, in which a culpable party is found not to be culpable. Because no system will ever be perfect, eliminating these errors entirely is not feasible. Should the system be altered by merely reforming criminal pros...

• Journal of Corporation Law
• Vol. 33 Nbr. 2, January 2008

• The 'Cruellest Cut' May Also Be Illegal

In a rare legal analysis of the medical procedure, the Tasmanian Law Reform Institute found that criminal and civil law lacked certainty, and that circumcision might abuse the rights of a child.

• Attorneys for the Rights of the Child Newsletter
• Vol. 7 Nbr. 3, October 2009

• Civil and Criminal Mental Health Law. A Companion Reference for Forensic Experts and Attorneys. The Essential Costs

Civil and Criminal Mental Health Law. A Companion Reference for Forensic Experts and Attorneys. The Essential Costs, by Fritz Thenor (Balboa Island, C...

• Journal of Psychiatry & Law
• Vol. 37 Nbr. 1, April 2009

• New Supreme Court Term Packed with Big Cases

The U.S. Supreme Court begins its upcoming term with a docket full of cases important to litigators. Starting on Oct. 4, the justices will take on issues ranging from the ability to file suit in matters involving arbitration clauses or federal regulations, to retaliation and privacy issues in employment law, to major criminal law and civil rights questions. Preemption and arbitration

• Lawyers USA
• September 08, 2010

• Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud

This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

• Delaware Journal of Corporate Law
• Vol. 35 Nbr. 1, January 2010

• Opportunity Knocks: Shaping California Policing

[...] municipal law enforcement agencies were reducing their staffing levels at all ranks due to similar budget pressures. First responders determined the officers were assaulted due to the discovery of a quadruple homicide. Expert Guidance An expert panel from law enforcement, politics, criminal law, and civil rights advocates was convened and provided insight to the concept of CSP.

• Journal of California Law Enforcement
• Vol. 44 Nbr. 2, April 2010

• Overview of the American Legal System

...The Constitution also guarantees the basic civil rights of the citizens of the United States. All a... . Court and the Court of Criminal Appeals. In addition to the trial level courts, sm...

• Gale Encyclopedia of Everyday Law

• Commentary: The Civil Practice of Law

People generally understand the difference between criminal and civil law. Criminal law is the exciting law in most television shows or movies and includes the climactic scenes in which someone confesses or is exonerated. Civil law, by contrast, is the subject of fewer shows and most often is represented as being either a burden on the individual because someone is losing custody of their child, just plain boring, or as a backdrop to what is happening to the attorney outside of court. Civil law is the law of contracts, employment and labor disputes, probate, divorce and custody, oil and gas, and real estate, just to name a few. I practice civil law, not because I want to deal in child custody battles, or because I enjoy boring work, or even because I have so much going on elsewhere that...

• The Journal Record
• December 25, 2009

• Development of a New Legal System in the People s Republic of China

Introduction II. Development Of Chinese Law Up To The Cultural Revolution-A Decline Towards Zero A. The Starting Point-Traditional Chinese Law B. Reception of Foreign Law at the Beginning of the Twentieth Century C. Legal Developments During the Civil Wars D. Introduction of a Socialist Legal System E. The Cultural Revolution III. Development Of A New Legal System After The Cultural Revolution A. Political and Economic Bases for the New Development B. Thirty Years of Modern Chinese Legislation 1. First Steps Towards Legal Order 2. Modifying, Refining, and Accomplishing the System i. The Chinese Constitution ii. Criminal Law iii. Civil Law 3. Consolidation of the System 4. Accession to the World Trade Organization 5. Participation in International Law Making IV. Law Making In The Peop...

• Louisiana Law Review
• Nbr. 67-4, July 2007