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Temporality is one of the tools enabling courts to deal with the consequences of a judgment. The present paper focuses on the special case of temporality in judicial review type judgments, ie the doctrine of temporal limitation of a judgment by the Court of Justice of the EU in the procedure of...
Persistent link: https://www.econbiz.de/10013059082
It is a well-established fact that universities in the United States are examining processes of expanding into the international market by attracting students from all over the world. This global strategy by U.S. universities and colleges expands their footprint, increases partnerships with...
Persistent link: https://www.econbiz.de/10013016672
When examining a corporate taxpayer, the IRS often seeks special accounting documents called tax accrual workpapers. These workpapers often contain privileged documents, but the IRS does not care. It believes it is entitled to the documents despite that the work product doctrine protects the...
Persistent link: https://www.econbiz.de/10013020462
This is a chapter prepared for the volume: Bill Davies and Fernanda Nicola Eds., EU LAW STORIES: CONTEXTUAL AND CRITICAL HISTORIES OF EUROPEAN JURISPRUDENCE, Cambridge University Press, forthcoming 2016. In line with the spirit of the book, this chapter tells the story of Melki – a landmark...
Persistent link: https://www.econbiz.de/10013021045
This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...
Persistent link: https://www.econbiz.de/10012984000
This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...
Persistent link: https://www.econbiz.de/10012984003
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is that the new rules offer nothing that isn't already available by judicial decree. While the effort to assist the arbitrator is laudable, no administrator can go...
Persistent link: https://www.econbiz.de/10012987767
Persistent link: https://www.econbiz.de/10013039492
The legal and practical issues surrounding child support obligations have enormous impact on families in the child welfare system. Unfortunately, these issues are often ignored, overlooked, or misunderstood. A much-needed effort to engage nonresident fathers in the child welfare system is...
Persistent link: https://www.econbiz.de/10013044847