Search results for 'Jurisdiction' (try it on Scholar)

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  1. David R. Koepsell (2000). An Emerging Ontology of Jurisdiction in Cyberspace. Ethics and Information Technology 2 (2):99-104.score: 18.0
    The emergence of the new information economy hascomplicated jurisdictional issues in commerce andcrime. Many of these difficulties are simplyextensions of problems that arose due to other media.Telephones and fax machines had already complicatedjurists'' determinations of applicable laws. Evenbefore the Internet, contracts were often negotiatedwithout any face-to-face contact – entirely bytelephone and fax. Where is such a contractnegotiated? The answer to this question is critical toany litigation that may arise over such contracts. Thelaws of contract are often quite different from onejurisdiction (...)
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  2. Mireille Hildebrandt (2010). The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW] Criminal Law and Philosophy 4 (2):161-181.score: 18.0
    In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...)
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  3. Kim Angell (2013). Do Insecure Property Rights Ground Rights of Jurisdiction? Miller on Territorial Justice. Res Publica 19 (2):183-192.score: 18.0
    A prominent approach in the debate on territorial rights claims that a group may have jurisdictional rights over a particular land if that land has become a repository of value for the group. This justification relies on a premise which has remained largely unsubstantiated, namely that having jurisdictional rights should be our preferred means for ensuring the group’s retaining of the land’s embedded value. This article discusses a recent attempt to fill this gap. David Miller acknowledges that the value could (...)
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  4. Shaun McVeigh (ed.) (2006). Jurisprudence of Jurisdiction. Routledge-Cavendish.score: 18.0
    For much of the history of the western legal order, the question of jurisdiction - the question of the power and authority of law - has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, left with no power to address the conditions of attachment to legal and political (...)
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  5. Loreta Saltinyte (2010). Jurisdiction of the European Court of Justice Over Issues Relating to the Common Foreign and Security Policy Under the Lisbon Treaty. Jurisprudence 119 (1):261-279.score: 18.0
    Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this (...)
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  6. Inga Daukšienė (2011). Disputes Between Members States of the European Union and Jurisdiction of the Court of Justice of the European Union. Jurisprudence 18 (4):1349-1368.score: 18.0
    The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in (...)
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  7. Rytis Satkauskas (2011). Reservations in Declarations accepting Compulsory Jurisdiction of the International Court of Justice (article in Lithuanian). Jurisprudence 18 (2):517-546.score: 18.0
    Notwithstanding constant “crises of confidence,” a high number of international disputes lay at the docket of the International Court of Justice in The Hague. In the word of Judge Rosalyn Higgins, states are turning to the ICJ for the peaceful settlement of their disputes. The option provided by the Charter of the United Nations in limiting the compulsory jurisdiction of the Court to certain categories of disputes, clearly contributes to convening a greater number of states to accept this international (...)
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  8. Adrienne Barnett (2000). Getting a `Get' – the Limits of Law's Authority? N. V. N. (Jurisdiction: Pre-Nuptial Agreement) [1999] 2 F.L.R. 745. [REVIEW] Feminist Legal Studies 8 (2):241-254.score: 18.0
    This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on (...)
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  9. Inga Daukšienė (2012). Recognition of Jurisdiction of the Court of Justice of the European Union in International Courts. Jurisprudence 19 (2):459-475.score: 18.0
    From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the (...)
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  10. Sallyanne Payton (1992). The Concept of the Person in the Parens Patriae Jurisdiction Over Previously Competent Persons. Journal of Medicine and Philosophy 17 (6):605-645.score: 12.0
    This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he to (...)
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  11. Clifton Perry (2004). A Reductio Ad Absurdum of Restricted, Tribal Criminal Jurisdiction. International Journal of Applied Philosophy 18 (2):253-262.score: 12.0
    As Federal Indian Law has evolved, many questions have been posed regarding tribal jurisdiction. This paper examines the jurisdiction tribes have over member Indians, non-member Indians, and non-member, non-Indians. It addresses the ethical challenge faced by tribal attorneys who represent non-member Indian clients in a manner that ultimately undermines tribal sovereignty.
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  12. Dimitrios Kyritsis (2012). The Persistent Significance of Jurisdiction. Ratio Juris 25 (3):343-367.score: 12.0
    According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto authority's power) in the identification (...)
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  13. Stephen Wizner (1984). Discretionary Waiver of Juvenile Court Jurisdiction: An Invitation to Procedural Arbitrariness. Criminal Justice Ethics 3 (2):41-50.score: 12.0
    (1984). Discretionary waiver of juvenile court jurisdiction: An invitation to procedural arbitrariness. Criminal Justice Ethics: Vol. 3, No. 2, pp. 41-50.
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  14. Aimee Bolletino (2008). Crimes Against Humanity in Colombia: The International Criminal Court's Jurisdiction Over the May 2003 Attack on the Betoyes Guahibo Indigenous Reserve and Colombian Accountability. [REVIEW] Human Rights Review 9 (4):491-511.score: 12.0
    The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes a persuasive (...)
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  15. Edward Mussawir (2011). Jurisdiction in Deleuze: The Expression and Representation of Law. Routledge.score: 12.0
    Deleuze and jurisdiction : expressionism in jurisprudence -- Personal jurisdiction : the "method of dramatization" in the law of persons -- Minority and personal jurisdiction : judging sex in re alex -- Persons of animal law -- Deleuze, the law of things and subject-matter jurisdiction -- To put to flight : the right of possession -- The activity of judgment : law of actions and the procedural genre of jurisprudence -- Jurisdiction of control : judgment (...)
     
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  16. Peter D. Rush (2011). Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia. [REVIEW] Feminist Legal Studies 19 (1):47-73.score: 10.0
    The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 (...)
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  17. Mark Schroeder (forthcoming). Hypothetical Imperatives: Scope and Jurisdiction. In Robert Johnson & Mark Timmons (eds.), (unknown). Oxford.score: 9.0
    The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...)
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  18. Eric Mack (2000). In Defense of the Jurisdiction Theory of Rights. Journal of Ethics 4 (1-2):71-98.score: 9.0
    This essay critically examines three theories of moral rights, theBenefit, the Interest, and the Choice theories. The Interest andChoice theories attempt to explain how rights can be more robustthan seems possible on the Benefit theory. In particular, moralrights are supposed to be resistant to trade-offs to supportprincipled anti-paternalism, to constitute a distinct dimensionof morality, and to provide right holders with a range ofdiscretionary choice. I argue that these and other featuresare better yet provided by a fourth theory of moral rights, (...)
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  19. Christiane Wilke (2005). A Particular Universality: Universal Jurisdiction for Crimes Against Humanity in Domestic Courts. Constellations 12 (1):83-102.score: 9.0
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  20. Michael Blake (2013). Immigration, Jurisdiction, and Exclusion. Philosophy and Public Affairs 41 (2):103-130.score: 9.0
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  21. Julian H. Franklin (1996). Allegiance and Jurisdiction in Locke's Doctrine of Tacit Consent. Political Theory 24 (3):407-422.score: 9.0
  22. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 9.0
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of (...)
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  23. Janeen Olsen (2001). Environmental Problems and Ethical Jurisdiction: The Case Concerning Texaco in Ecuador. Business Ethics 10 (1):71–77.score: 9.0
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  24. U. Pagallo (2012). Cracking Down on Autonomy: Three Challenges to Design in IT Law. [REVIEW] Ethics and Information Technology 14 (4):319-328.score: 9.0
    The paper examines how technology challenges conventional borders of national legal systems, as shown by cases that scholars address as a part of their everyday work in the fields of information technology (IT)-Law, i.e., computer crimes, data protection, digital copyright, and so forth. Information on the internet has in fact a ubiquitous nature that transcends political borders and questions the notion of the law as made of commands enforced through physical sanctions. Whereas many of today’s impasses on jurisdiction, international (...)
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  25. G. P. Burton (1996). The Lex Irnitana, Ch. 84, the Promise of Vadimonium and the Jurisdiction of Proconsuls. Classical Quarterly 46 (01):217-.score: 9.0
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  26. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.score: 9.0
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge certain crimes. (...)
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  27. G. E. M. de Ste Croix (1961). Notes on Jurisdiction in the Athenian Empire. II. Classical Quarterly 11 (3-4):268-.score: 9.0
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  28. Ann Dudley Goldblatt (1999). Commentary: No More Jurisdiction Over Jehovah. Journal of Law, Medicine and Ethics 27 (2):190-193.score: 9.0
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  29. Matthew Yeung & Janny Leung (forthcoming). Removing Linguistic Barriers to Justice: A Study of Official Reference Texts for Unrepresented Litigants in Hong Kong. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-19.score: 9.0
    One less obvious impact of legal bilingualism in a postcolonial jurisdiction like Hong Kong is an increasing trend of unrepresented litigants. Since their lack of legal knowledge often places them at a disadvantage and poses numerous problems in court, the government has established the resource centre for unrepresented litigants to offer them information about legal procedure. This paper evaluates the usefulness of the Chinese official reference materials at the centre in equipping laymen for civil litigation. As a first point (...)
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  30. Carmen E. Lewis (2006). Appeals Court Rejects Federal Jurisdiction Over Chiropractors Challenge to Medicare Coverage-Am. Chiropractic Ass'n, Inc. V. Leavitt. [REVIEW] Journal of Law, Medicine Ethics 34 (2):472-474.score: 9.0
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  31. G. E. M. de Ste Croix (1961). Notes on Jurisdiction in the Athenian Empire. I. Classical Quarterly 11 (1-2):94-.score: 9.0
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  32. Carolly Erickson (1976). The Fourteenth-Century Franciscans and Their Critics: II. Poverty, Jurisdiction, and Internal Change. Franciscan Studies 36 (1):108-147.score: 9.0
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  33. Robert E. Goodin (2002). Justice in One Jurisdiction, No More. Philosophical Topics 30 (2):29-48.score: 9.0
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  34. Griffin Trotter (2005). What Jurisdiction? Whose Justice? A Response to Eckenwiler. Cambridge Quarterly of Healthcare Ethics 14 (03):316-321.score: 9.0
  35. N. Toogood (1997). 'Athens Aids Eretria': A State's Jurisdiction Over its Citizens' Actions1. Classical Quarterly 47 (01):295-.score: 9.0
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  36. D. Atkinson (1926). The Princeps's Jurisdiction in Rome The Rise of the Princeps' Jurisdiction Within the City of Rome. By Donald McFayden. Reprinted From Washington University Studies, Vol. X., Humanistic Series, No. 2, Pp. 181 + 264. 1923. [REVIEW] The Classical Review 40 (02):82-.score: 9.0
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  37. Mark Bateson (2001). The Struggle Over Canterbury Sede Vacante Jurisdiction in the Late Thirteenth Century. Bulletin of the John Rylands Library 83 (3):147-166.score: 9.0
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  38. Vaughan Black (1989). Enforcement of Judgments and Judicial Jurisdiction in Canada. Oxford Journal of Legal Studies 9 (4):547-556.score: 9.0
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  39. Virgil Ciomos (2010). The Deterritorialization of Human Rights. Journal for the Study of Religions and Ideologies 9 (25):17-27.score: 9.0
    The jurisdiction of Human Rights finds itself in a paradoxical situation for, on the one hand, these rights are affirmed as universal and, on the other, they emerged from within the boundaries of certain determinate states. That is why Western modernity is marked by a tension between the primary, determined territory proper to the emergence of human right and their universal, world calling. With regard to this tension the present study focuses on several key issues in our times: the (...)
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  40. Michael Giudice & Matthew Schaeffer (2012). Universal Jurisdiction and the Duty to Govern. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.score: 9.0
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  41. Herman Gunsteren (2009). Gerard Drosterij, Politics as Jurisdiction: A New Understanding of Public and Private in Political Theory. Netherlands Journal of Legal Philosophy 3:261-262.score: 9.0
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  42. John Laughland (2007). The Crooked Timber of Reality: Sovereignty, Jurisdiction, and the Confusions of Human Rights. The Monist 90 (1):3-25.score: 9.0
  43. Chandra Mukerji (2011). Jurisdiction, Inscription, and State Formation: Administrative Modernism and Knowledge Regimes. [REVIEW] Theory and Society 40 (3):223-245.score: 9.0
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  44. Jean-Luc Nancy, Mary Ann & Peter Caws (1982). The Jurisdiction of the Hegelian Monarch. Social Research 49 (2):481-516.score: 9.0
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  45. Cecil Binney (1937). Report of the Departmental Committee on the Social Services in Courts of Summary Jurisdiction. The Eugenics Review 28 (4):308.score: 9.0
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  46. Dana L. Christensen (2005). Internet Jurisdiction with a US Focus. Acm Sigcas Computers and Society 35 (1):2-2.score: 9.0
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  47. Ariel Colonomos (2004). Unilateral Jurisdiction: Universal Jurisdiction à l'Américaine in the Age of Post-Realist Power. [REVIEW] Human Rights Review 5 (2):22-47.score: 9.0
    The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to reform (...)
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  48. Ariel Colonomos (2003). Unilateral Jurisdiction: Universal Jurisdiction in the Age of Post-Realist Power. Human Rights Review 5 (2):22-47.score: 9.0
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  49. Aivars Endzins (2009). Use of the Europe's Constitutional Heritage in the Jurisdiction of the Constitutional Court When Interpreting Constitution of the Republic of Latvia. Jurisprudence 118 (4):85-96.score: 9.0
    The article analyses the problem of using European constitutional heritage in the practice of the Constitutional Court of the Republic of Latvia when interpreting the Constitution of the Republic of Latvia. The author analyses several judgments of the Constitutional Court of Latvia, wherein the Court refers to European legal heritage, when interpreting separate norms of the Constitution of the Republic of Latvia. Such practice is particularly evident in two categories of cases. The influence of European legal heritage is most clearly (...)
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  50. Judy Fudge (2014). Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction, and Jurisdiction. Feminist Legal Studies 22 (1):1-23.score: 9.0
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