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To support true healing of war-affected populations, including children formerly associated with armed forces and armed groups, transitional justice efforts must attend to the often lasting psychosocial consequences of war in the post-conflict environment. We use key informant and focus group...
Persistent link: https://www.econbiz.de/10008550285
The paper deals with with one possible Utopian model, according to which law is an important part of the speculative Utopian Myth. This model is illustrated by using two narratives, created centuries apart. Both stories, from Hebrew sources, refer, in some detail to imaginary societies. Both...
Persistent link: https://www.econbiz.de/10012721613
The articulation between the defenses of insanity, automatism and diminished responsibility seems overly complex and inappropriate. Common sense struggles to associate sleepwalking (Burgess), epilepsy (Sullivan) or diabetes (Hennessy) with insanity; schizophrenia or psychosis call for insanity,...
Persistent link: https://www.econbiz.de/10012722800
Economic analysis is applied to determining the effect of the change of position defense on the question of whether an innocent shareholder receiving an unlawful, mistaken dividend should be liable under English restitution law as the result of unjust enrichment. The analysis builds on and...
Persistent link: https://www.econbiz.de/10012723913
This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...
Persistent link: https://www.econbiz.de/10012724846
The Scottish decision in Morris (Liquidator of Bank of Credit amp; Commerce International), Re Petition of The Bank of England is correct that an ancillary winding-up makes good sense and may disapply local procedural rules that do not serve any practical purpose. Owing to a misunderstanding of...
Persistent link: https://www.econbiz.de/10012725916
The priority of secured credit has repeatedly and famously been attacked for allowing the exploitation of certain types of unsecured creditor. It has also been blamed for creating inefficiencies. This paper examines these arguments specifically as applied to the UK, and using both theoretical...
Persistent link: https://www.econbiz.de/10012728124
In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing...
Persistent link: https://www.econbiz.de/10012729084
The court in Re Ballast [2006] EWHC 3189 (Ch) rejected the proposition that an insurer via subrogation has a proprietary interest in the insured's cause of action, but its reasoning is strewn with confusion and fails to appreciate the impact of insolvency set-off on the principle of...
Persistent link: https://www.econbiz.de/10012729101
Lifland J's decision in Re Bear Stearns High-Grade Structured Credit Strategies Master Fund (Bankr.S.D.N.Y. September 5, 2007) clearly comports with the intent and structure of chapter 15 that the determination of the existence of a foreign main or non-main proceeding is a definitional matter,...
Persistent link: https://www.econbiz.de/10012729102