American Journal of Comparative Law最新文献_第6页

Mapping the Cosmopolitan Legal Imaginary: Recent Chinese Scholarship on Dispute Resolution 映射世界主义的法律想象：中国最近的争议解决奖学金

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-13 DOI: 10.1093/ajcl/avac027

M. Erie

引用次数: 0

The Turn to Confession Bargaining in German Criminal Procedure: Causes and Comparisons with American Plea Bargaining 德国刑事诉讼中认罪交易的转向:原因及与美国辩诉交易的比较

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-12 DOI: 10.1093/ajcl/avac025

John H. Langbein

引用次数: 1

Excused Performances: Force Majeure, Impracticability, and Frustration of Contracts 借口履行:不可抗力、不可行、合同受挫

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-12 DOI: 10.1093/ajcl/avac017

V. Palmer

{"title":"Excused Performances: Force Majeure, Impracticability, and Frustration of Contracts","authors":"V. Palmer","doi":"10.1093/ajcl/avac017","DOIUrl":"https://doi.org/10.1093/ajcl/avac017","url":null,"abstract":"This Report is written at a time of intense suffering and uncertainty,sas a global pandemic spreads to the far corners of the world,causing untold deaths, sickness, crowded hospitals, supply shortages, business closures, disrupted supply lines, and other distressing conditions. In response to this crisis, a flurry of governmental decrees have been imposed at all levels, shutting down restaurants, theatres, and schools, prescribing masks, vaccinations, distancing, telework, and so forth. Given the wide scope of the Questionnaire which I was asked to answer, this Report will not focus on the pandemic and its effects on contractual enforcement in the United States, but at the same time the Report makes no attempt to escape or ignore the pall hovering over the international community. At various places, I have made incidental attempts to illustrate how the pandemic fits within the existing law on excused performances. Obviously, it is provoking a flood of cases in the courts, but this Report comes during the early phases of the judicial response, a time when the picture is far from complete and cannot be properly assessed. In a sense it is not anticipated that Covid 19 will produce fundamental doctrinal changes in the common law of the United States. Rather, it will produce changes and important insertions in the so-called force majeure clauses of future contracts, but those clauses are not the common law to which the Questionnaire is addressed, but rather the drafter's reaction to it. It is to be expected, however, that this widescale crisis with all its human and economic repercussions may fortify and intensify our understanding of others' laws. Since the phenomenon is global and all are affected, the comparative lawyers have an urgent duty to use this occasion to consider the laws and doctrines of other legal systemss. © 2022 Oxford University Press. All rights reserved.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41720980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Searching for W.P.M. Kennedy: The Biography of an Enigma 寻找肯尼迪：谜传

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-12 DOI: 10.1093/ajcl/avac026

A. Dodek

{"title":"Searching for W.P.M. Kennedy: The Biography of an Enigma","authors":"A. Dodek","doi":"10.1093/ajcl/avac026","DOIUrl":"https://doi.org/10.1093/ajcl/avac026","url":null,"abstract":"Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career, Kennedy has been a largely mysterious figure. Now, weaving together a number of key events and drawing on Kennedy’s personal letters, Martin L. Friedland presents a lively biography of the man. Searching for W.P.M. Kennedy discusses Kennedy’s contributions as a legal and interdisciplinary scholar and his work at the University of Toronto, where he founded the Faculty of Law. The book also details Kennedy’s intriguing personal life, presenting stories about Kennedy’s family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy’s exaggerated involvement in drafting the Irish constitution, his relationships with female students, or his constant quest for recognition. Throughout the biography, Friedland interjects his own personal narratives surrounding his interactions with the Kennedy family, including how he came to acquire the private letters noted in the book. The result is a highly readable biography of an important figure in the history of Canadian intellectual life.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45830614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The U.S. National Report on the Independence and Impartiality of International Adjudicators 美国国家报告关于国际裁判的独立性和公正性

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-07 DOI: 10.1093/ajcl/avac019

Jarrod Wong

引用次数: 0

Cryptocurrencies: The Impossible Domestic Law Regime? 加密货币:不可能的国内法律制度?

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-07 DOI: 10.1093/ajcl/avac022

F. Emmert

引用次数: 1

Access to Civil Justice 诉诸民事司法

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-07 DOI: 10.1093/ajcl/avac020

Margaret Y. K. Woo, Connor Cox, S. Rosen

引用次数: 0

The Rule of Law in the United States of America 美利坚合众国的法治

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-09-07 DOI: 10.1093/ajcl/avac023

M. Sellers

引用次数: 0

Climate Change Impact on Agrarian Law: Legal Aspects of Food Security in the United States 气候变化对农业法的影响：美国粮食安全的法律问题

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-08-30 DOI: 10.1093/ajcl/avac014

M. Grossman

引用次数: 0

A Legal and Political Assessment of Challenges to Abortion Laws by Anti-choice Activists in Australia and the Progression of Abortion Law in Australia and the United States 澳大利亚反堕胎活动家对堕胎法挑战的法律和政治评估以及澳大利亚和美国堕胎法的进展

IF 1.5 2区社会学

American Journal of Comparative Law Pub Date : 2022-08-29 DOI: 10.1093/ajcl/avac029

A. O'Rourke

{"title":"A Legal and Political Assessment of Challenges to Abortion Laws by Anti-choice Activists in Australia and the Progression of Abortion Law in Australia and the United States","authors":"A. O'Rourke","doi":"10.1093/ajcl/avac029","DOIUrl":"https://doi.org/10.1093/ajcl/avac029","url":null,"abstract":"\u0000 Historically, in Australia the issue of abortion had not attracted the violent protests that are frequently part of the American political landscape. Nor had it featured prominently in parliamentary debates. This began to change in 2004 when the issue was put on the political agenda by a small but vocal group of conservative members of the Federal Parliament. It also emerged as an issue at the state government level between 2008 and 2019 with the decriminalization of abortion in four Australian states and one territory. These changes in turn, led to a response by opponents along three lines as follows: first, legal challenges to safe access zones around fertility clinics; second, the pursuit of legal recognition of fetal personhood in state parliaments; and third, ongoing attempts to prevent Medicare (public) funding of abortions in relation to the occurrence of sex-selection abortion. All three strategies have been influenced by, or are copies of, the actions of antiabortion activists in the United States. To date, none of these strategies have proven successful in Australia. Nonetheless, anti-abortion activists are resolute in their desire to overturn recent gains in decriminalising abortion law in Australia. While Australian developments are in conformity with global trends towards liberalization of abortion law, the recent overturning of Roe v. Wade by the Supreme Court of the United States and the restrictions introduced across various states in America, has emboldened opponents of abortion who hope to replicate similar bans and restrictions in Australia.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45303646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0