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In this review, the author considers the collection by U.S.-based juvenile justice scholars on legal and policy frameworks across various international juvenile justice systems. The author analyses the conceptual discussion of the themes of each chapter. These include juvenile justice in Western...
Persistent link: https://www.econbiz.de/10012967456
The general assumption that underlines Richard Posner’s argument in his book Not a Suicide Pact is that decisions concerning rights and security in the context of modern terrorism should be made by balancing competing interests. This assumption is obviously correct if one refers to the most...
Persistent link: https://www.econbiz.de/10014199390
This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law - liability for accidents (tort law), property law, and contracts - as well as the litigation process and public enforcement of law
Persistent link: https://www.econbiz.de/10014200811
The legal and economic analysis presented here empirically tests the theoretical framework advanced by Buscaglia (1997) and by Kugler, Verdier, and Zenou (2003). This paper goes beyond the prior literature by focusing on the empirical assessment of the actual implementation of the institutional...
Persistent link: https://www.econbiz.de/10014216528
This Article analyzes the probative standard set by Section 25 of the Succession Law, which, provided that certain basic conditions are met, enables the validation of flawed wills. The Article presents the position taken by the Supreme Court, according to which Section 25 requires that prior to...
Persistent link: https://www.econbiz.de/10014217886
The legal and economic analysis presented here empirically tests the theoretical framework advanced by Buscaglia (1997) and by Kugler, Verdier, and Zenou (2003). This paper goes beyond the prior literature by focusing on the empirical assessment of the actual implementation of the institutional...
Persistent link: https://www.econbiz.de/10014218810
There is a widespread belief throughout Latin America that the judicial sector is not in a position to foster private sector development within a market system. The courts are overburdened and unable to dispose of cases in a timely fashion. As a result, frustrated litigants lose faith in the...
Persistent link: https://www.econbiz.de/10014221344
Our criminal codes are replete with “dead crimes”—i.e., crimes that are openly violated, have long gone unenforced, and no longer reflect majoritarian views. For example, many states still criminalize conduct as commonplace as engaging in certain innocuous behavior on Sundays, swearing,...
Persistent link: https://www.econbiz.de/10013298543
Transnational Organized Crimes not merely have a bearing to the security of states, but also to that of its economy, given the large retail value of these crimes. Illicit Drug Trafficking, Terrorism, Money Laundering, smuggling, arms trade are not crimes independent of other crimes. They have a...
Persistent link: https://www.econbiz.de/10013310642
Vagueness avoidance is a powerful tool of judicial construction for constraining the reach of penal statutes. Unlike ordinary constitutional avoidance, which is triggered by ambiguity and seeks to resolve semantic meaning, vagueness avoidance is triggered by vagueness-related indeterminacies...
Persistent link: https://www.econbiz.de/10014264239