common-law courts in a civil-law system

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1.537 documents for common-law courts in a civil-law system

- Contemplating a Civil Law Paradigm for a Future International Commercial Code
Introduction. II. The Two Dominant Legal Systems of the World: Common Law and Civil Law. A. The Pervasive Reach of the Two Systems. B. Basic Origins, Precepts, and Characteristics of the Common Law System. 1. Historical Roots. 2. Basic Mechanics of the Common Law System. 3. Legislation in Common Law Systems. 4. Equitable Powers of the Courts. 5. The Role of the Court and Judges in the Common Law System. 6. Summary of Common Law System. C. Basic Origins, Precepts and Characteristics of the Civil Law System. 1. Roman Origins and the Corpus Juris Civilis. 2. Revived European Study of the Corpus Juris Civilis. 3. The Rise of the Nation-State, the Revolution, and the Advent of National Codes. 4. Codification Efforts in England and the United States. 5. The Code in the Modern Civil Law Sys...
- Louisiana Law Review
- Nbr. 65-2, January 2005
- The anti-federalists and presidential war powers.
... check" inherent in the mixed English system, whereby the king's power to declare war was balan...(32.) See, e.g., Antonin Scalia, Common-Law Courts in a Civil-Law System: The Role of United States F...
- Yale Law Journal
- Vol. 121 Nbr. 2, November 2011
- PHELPS V. ALAMEIDA, (9th Cir. 2009)
... "Congress sought to 'interpose the federal courts between the States and the people, as guardians of... (2002) (describing California state habeas system and comparing it to other states). We discuss the ...
- Federal Circuits

- Overview of the American Legal System
... federal system consists of three levels of courts, with the Supreme Court serving as the highest cou...
- Gale Encyclopedia of Everyday Law
- Are originalist constitutional theories principled, or are they rationalizations for conservatism?
... and the constitutional "construction" that courts engage in when they create doctrinal tests to impl... Scalia, Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Inter...
- Harvard Journal of Law & Public Policy
- Vol. 34 Nbr. 1, January 2011
- European Law On Contracts Or The Great Illusion.
... are subject to the interpretation by local Courts which may differ in their understanding and applic... to incorporate in their national legal system European contract rules, such as the Uniform Comme...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Labor Regulation, Corporate Governance, and Legal Origin: A Case of Institutional Complementarity?
We explore the influential claim that "legal origin"-the historical origin of a given national legal system in the common law or civil law-accounts for a significant degree of cross-national diversity in economic regulation and development. We show that the claim is undermined by problems in index construction and by a misreading of the implications of the common law/civil law divide for the respective roles of courts and legislatures in law making. We argue that a critical factor, instead, was the timing of industrialization in relation to the emergence of legal institutions associated with the modern business enterprise (the employment relationship and the joint stock company). We also show how distinctive "legal cultures" of the common law and civil law have played a part in setting ...
- Law & Society Review
- Vol. 41 Nbr. 4, December 2007
- USA v. Pritchett, (6th Cir. 2007)
... against giving precedential value to courts' statements of whether a requirement is jurisdicti... SCALIA, Common-Law Courts in a Civil Law System, in A MATTER OF INTERPRETATION 3, 20 (1997). ...
- Federal Circuits
- 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 ...

... sharp disagreements among the circuit courts over its proper scope, the Supreme Court had decli... as cheaply as possible has produced a system of fiduciary duties practically incapable of civil...
- Delaware Journal of Corporate Law
- Vol. 35 Nbr. 1, January 2010
- The "vanishing trial": a Hayekian perspective.
...Will the Trend Harm the Justice System?" (2) . Samborn's question started a continuing de... every legal dispute was processed in the courts, published in reporters, and the results of those ...
- Faulkner Law Review
- Vol. 2 Nbr. 2, March 2011