The Experts below are selected from a list of 84 Experts worldwide ranked by ideXlab platform
Colin B. Picker - One of the best experts on this subject based on the ideXlab platform.
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International Law's Mixed Heritage: A Common/Civil Law Jurisdiction
Vanderbilt Journal of Transnational Law, 2008Co-Authors: Colin B. PickerAbstract:This Article provides the first application of the emerging mixed Jurisdiction jurisprudence to a comparative analysis of international Law. Such a comparative Law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international Law not previously experienced. International Law is unsure where to look for help in coping with these new stresses. In significant part this isolation can be attributed to a general view among international Law scholars that international Law is sui generis, and hence there is little to be gained from national legal systems. This Article seeks to rectify this problem by showing substantial congruence between international Law and those national legal systems that may share many characteristics. The Article argues that those states that fit best with international Law are those that have been classified as mixed Jurisdictions. The result of this showing will be to open international Law to the lessons leaned over the centuries by ∗ Daniel L. Brenner/UMKC Scholar & Professor of Law, University of Missouri Kansas City School of Law. A.B., Bowdoin College; J.D., Yale Law School. The Author acknowledges the financial support of the UMKC Law Foundation, which helped to make this Article possible, and is grateful for opportunities to present the work in earlier stages at the faculty colloquium series of the Law Faculty of Hebrew University in Jerusalem in 2005, at the Second World Congress of Mixed Jurisdiction Jurists in Edinburgh, Scotland, in June 2007, and at Brooklyn Law School in February 2008. Additionally, the consideration of international Law under the mixed Jurisdiction jurisprudence is explored in considerably less detail and with a different focus as part of the published papers of the Mixed Jurisdiction conference. See generally Colin B. Picker, Beyond the Usual Suspects: Application of the Mixed Jurisdiction Jurisprudence to International Law and Beyond, 12.1 ELECTRONIC J. COMP. L. 1 (2008), available at http://www.ejcl.org/121/art121-18.pdf (forthcoming at 2 J. COMP. L. (2008)) (extending the mixed Jurisdiction methodology outside the traditional mixed Jurisdiction context). Special thanks to research assistant Shaun Darby. 1084 VANDERBILT JOURNAL OF TRANSNATIONAL Law [Vol. 41:1083 such mixed Jurisdictions as Scotland, Louisiana, Quebec, South
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international Law s mixed heritage a common Civil Law Jurisdiction
Vanderbilt Journal of Transnational Law, 2008Co-Authors: Colin B. PickerAbstract:This Article provides the first application of the emerging mixed Jurisdiction jurisprudence to a comparative analysis of international Law. Such a comparative Law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international Law not previously experienced. International Law is unsure where to look for help in coping with these new stresses. In significant part this isolation can be attributed to a general view among international Law scholars that international Law is sui generis, and hence there is little to be gained from national legal systems. This Article seeks to rectify this problem by showing substantial congruence between international Law and those national legal systems that may share many characteristics. The Article argues that those states that fit best with international Law are those that have been classified as mixed Jurisdictions. The result of this showing will be to open international Law to the lessons leaned over the centuries by ∗ Daniel L. Brenner/UMKC Scholar & Professor of Law, University of Missouri Kansas City School of Law. A.B., Bowdoin College; J.D., Yale Law School. The Author acknowledges the financial support of the UMKC Law Foundation, which helped to make this Article possible, and is grateful for opportunities to present the work in earlier stages at the faculty colloquium series of the Law Faculty of Hebrew University in Jerusalem in 2005, at the Second World Congress of Mixed Jurisdiction Jurists in Edinburgh, Scotland, in June 2007, and at Brooklyn Law School in February 2008. Additionally, the consideration of international Law under the mixed Jurisdiction jurisprudence is explored in considerably less detail and with a different focus as part of the published papers of the Mixed Jurisdiction conference. See generally Colin B. Picker, Beyond the Usual Suspects: Application of the Mixed Jurisdiction Jurisprudence to International Law and Beyond, 12.1 ELECTRONIC J. COMP. L. 1 (2008), available at http://www.ejcl.org/121/art121-18.pdf (forthcoming at 2 J. COMP. L. (2008)) (extending the mixed Jurisdiction methodology outside the traditional mixed Jurisdiction context). Special thanks to research assistant Shaun Darby. 1084 VANDERBILT JOURNAL OF TRANSNATIONAL Law [Vol. 41:1083 such mixed Jurisdictions as Scotland, Louisiana, Quebec, South
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International Law's Mixed Heritage: A Common/Civil Law Jurisdiction
Social Science Research Network, 2008Co-Authors: Colin B. PickerAbstract:This article spans the fields of comparative and international Law as it undertakes a comparative analysis of the character and nature of international Law. In so doing, the article employs the new and dynamic scholarship associated with the study of the Mixed Jurisdictions of the world (those legal systems that comprise a mix of the common and Civil Law legal systems, such as Scotland, Louisiana, Quebec, South Africa and Israel). As international Law increasingly searches for solutions to the problems associated with its new institutions and participants, the comparative analysis provided in this article will allow international Law scholars to consider solutions already employed by the Mixed Jurisdictions.
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international Law s mixed heritage a common Civil Law Jurisdiction
Social Science Research Network, 2008Co-Authors: Colin B. PickerAbstract:This article spans the fields of comparative and international Law as it undertakes a comparative analysis of the character and nature of international Law. In so doing, the article employs the new and dynamic scholarship associated with the study of the Mixed Jurisdictions of the world (those legal systems that comprise a mix of the common and Civil Law legal systems, such as Scotland, Louisiana, Quebec, South Africa and Israel). As international Law increasingly searches for solutions to the problems associated with its new institutions and participants, the comparative analysis provided in this article will allow international Law scholars to consider solutions already employed by the Mixed Jurisdictions.
Anthony Joseph D'erasmo - One of the best experts on this subject based on the ideXlab platform.
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Legal Approach to Fiduciary Duties in the People's Republic of China
Social Science Research Network, 2010Co-Authors: Anthony Joseph D'erasmoAbstract:The fiduciary doctrine originated in English equity and the Chinese Civilian legal tradition knows no duality of Law and equity. Without the incorporation of the English equity jurisprudence, the new Chinese Company Law has not fully incorporated the doctrine of fiduciary responsibility. This Article examines the possibility of supplanting equitable concepts to a Civil Law Jurisdiction.
Nuno Garoupa - One of the best experts on this subject based on the ideXlab platform.
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delays in medical malpractice litigation in Civil Law Jurisdictions some evidence from the italian court of cassation
Health Economics Policy and Law, 2013Co-Authors: Veronica Grembi, Nuno GaroupaAbstract:Medical malpractice Law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a Civil Law Jurisdiction. Italian medical malpractice Law is essentially judge-made Law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice Law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.
Serge A Martinez - One of the best experts on this subject based on the ideXlab platform.
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Law clinics in taiwan can clinical legal education succeed in this Civil Law Jurisdiction with an undergraduate legal education system
National Taiwan University Law Review, 2012Co-Authors: Serge A MartinezAbstract:Law school clinics are an important part of legal education around the world, but there are still many places without clinics, including Taiwan. It is important for Taiwanese legal educators to consider whether and how clinical education might fit into the Taiwanese legal education system. When discussing clinical education, several concerns are commonly raised: are undergraduate students capable of doing and benefitting from clinical work? Is student practice legal? What effect does student practice have on quality of representation? How does a clinic fit with the existing apprenticeship program? Who would teach a clinic? How do clinics fit with the legal academy’s view of itself and its purposes? Can Taiwanese Law schools afford to operate clinics? Ultimately, none of these concerns presents a serious obstacle to the introduction of clinical education. Taiwanese Law schools should introduce clinics to their curriculum to give students the opportunity to enjoy the many benefits of clinical education.
Veronica Grembi - One of the best experts on this subject based on the ideXlab platform.
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delays in medical malpractice litigation in Civil Law Jurisdictions some evidence from the italian court of cassation
Health Economics Policy and Law, 2013Co-Authors: Veronica Grembi, Nuno GaroupaAbstract:Medical malpractice Law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a Civil Law Jurisdiction. Italian medical malpractice Law is essentially judge-made Law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice Law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.