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America's mass incarceration crisis does not end at the prison gates. While an estimated two million people are presently incarcerated, nearly twice that number of people are subject to probation, parole, and other forms of community supervision. This Article documents one particularly troubling aspect of this system of "nonincarceration mass incarceration": the widespread use of supervision conditions that separate people on parole, probation, and supervised release from their families. Courts regularly approve supervision conditions that categorically bar supervisees from contacting or interacting with their family members. Although these conditions are sometimes justified, they are used indiscriminately without individualized analysis of whether supervisees should be separated from their families. The result is a shadow system of family separation that imposes grievous infringements of familial integrity rights, perpetrates serious harms to supervisees and their family members, and undermines successful reentry for incarcerated people returning home. After empirically documenting the prevalence of family separation conditions, this Article explains the legal doctrines that courts use to justify these conditions and advocates for reform. Courts reason that supervisees have no legal right to be with their family members because there is no such right when a person is incarcerated. But this justification ignores the reality of how the carceral state functions and distorts the legal framework that ordinarily governs deprivations of fundamental constitutional rights. Although heightened constitutional scrutiny should be applied in cases challenging family separation conditions, broader reforms are needed. Family separation conditions, this Article argues, should be subject to rigorous review at the time they are imposed, with decisionmaking taken out of the hands of probation and parole officers and directed to courts, which are better suited to address these complex and sensitive family matters. [ABSTRACT FROM AUTHOR]

Crisis pregnancy centers are largely religiously affiliated organizations that advertise pregnancy support but often do not provide full and accurate information about abortion or contraception. Often attacked for false advertising and operating without medical licenses, crisis pregnancy centers recently have begun converting to medical centers with medical staff on site. Since medical providers owe additional duties to their patients, crisis pregnancy centers operated by medical staff must follow additional procedures, such as providing informed consent. Informed consent doctrine is based on the idea of autonomous decision-making and requires medical providers to accurately inform patients of their viable medical options. Even though crisis pregnancy centers often fail to inform people about critical reproductive health care, people who visit crisis pregnancy centers still would have difficulty bringing a claim of informed consent against these centers. Applying informed consent doctrine to crisis pregnancy centers highlights the discrepancy between the philosophical purpose of informed consent and the doctrine in practice today. Courts should loosen the causation and injury requirements for informed consent doctrine, at least in reproductive health care cases. Making this change would be the first step in holding crisis pregnancy centers accountable and could help courts more accurately apply reproductive-specific tort claims generally. [ABSTRACT FROM AUTHOR]

In VTL v VTM [2021] SGHCF 30 ("VTL v VTM"), the Singapore High Court had the opportunity to consider the application of the rarely-invoked mutual wills doctrine. The court gave effect to the mutual wills by holding that a subsequent will was invalid and revoking the grant of probate that had been obtained by the executors of that subsequent will. The court in so doing departed from the orthodox understanding that a mutual will takes effect by imposing a constructive trust over the relevant property, rather than by rendering a subsequent will invalid. This comment reviews the law on mutual wills in Singapore and elsewhere, and suggests that VTL v VTM was a missed opportunity to unpack some of the thorny issues that have yet to be resolved in relation to the doctrine. [ABSTRACT FROM AUTHOR]

Articles 14 and 15 of the Singapore Constitution enshrine the rights to free speech, religious freedom, and other related rights in Singapore. These provisions also set out the circumstances under which these rights may be restricted. Notably, however, these provisions are directed at legislative restrictions. The question is how they are applicable to executive action. This paper suggests that there are two possible means by which one can assess the constitutionality of executive action under Articles 14 and 15 in Singapore-the jurisdictional and substantive approaches-and demonstrates that evidence of both approaches can be found in Singapore law. Drawing upon constitutional theory, the paper argues that the theoretical foundation for legal doctrine in this regard ought to be a combination of both the jurisdictional and substantive approaches, and also discusses the doctrinal test by which challenges to executive action under Articles 14 and 15 should be assessed. [ABSTRACT FROM AUTHOR]

Consumer Affairs Australia and New Zealand conducted a wholesale review of the Australian Consumer Law in 2017. Despite calls for the introduction of an 'unfair conduct' prohibition, the review found that a change to the current prohibition on 'unconscionable conduct' was unnecessary in light of the statutory prohibition evolving from its equitable origins. The recent High Court decision in Australian Securities and Investments Commission v Kobelt (2019) 267 CLR 1 has stifled this development and realigned statutory unconscionability with the restrictive equitable doctrine. In light of curial and extracurial comments from senior members of the judiciary, regulators and commentators, it is appropriate to reconsider the merits of a prohibition on unfair conduct. This article argues that this reform will better promote community understanding, lead to greater certainty in commerce and fulfil the role of a 'safety net' provision in the Australian Consumer Law. [ABSTRACT FROM AUTHOR]

This article reviews the impact of COVID-19 on judicial decision-making in certain areas of criminal law. Reviewing decisions from the areas of bail, sentencing, and trial within a reasonable time, the author analyzes how COVID-19 has been integrated into legal doctrine. The author concludes that doctrines are flexible enough to accommodate COVID-19 concerns. At the same time, doctrine is firmly entrenched, meaning the pandemic has not presented the opportunity for judges to rethink incarceration as some had hoped. [ABSTRACT FROM AUTHOR]

Copyright of Toruńskie Studia Polsko-Włoskie / Studi Polacco-Italiani di Toruń is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the wake of the tort reform movement of the 1970s, more than half of the states aimed to curb frivolous medical malpractice claims. Many states accomplished that goal by enacting statutes imposing pleading requirements on medical malpractice cases. The statutes require plaintiffs to file with their complaints an affidavit from a medical expert stating that the claim has merit. But because the Federal Rules of Civil Procedure do not impose a similar requirement, there is an ostensible conflict between the state law and the Federal Rules when these claims are brought in federal court. Federal courts have been inconsistent in their analysis of this conflict. Some conclude that the state laws are substantive and should therefore apply in actions in federal court. Others conclude that there is an irreconcilable conflict between the state law and federal law, and thus federal law must prevail. And when the basis of a federal court's jurisdiction is the Federal Tort Claims Act, another wrinkle emerges: should a court engage in an Erie analysis at all? This article addresses two distinct issues. First, it addresses whether a federal court exercising federal question jurisdiction should engage in an Erie analysis to determine whether a federal law should trump a conflicting state law. Second, it addresses whether there is a conflict between the state laws and the Federal Rules of Civil Procedure. The article concludes that a federal court should engage in an Erie analysis, and that the state statutes conflict with the Federal Rules and thus should not apply in an action brought in federal court. The article further offers a middle ground whereby the states' substantive goal of dealing with frivolous medical malpractice claims expeditiously can, in some circumstances, still be vindicated. [ABSTRACT FROM AUTHOR]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The European Convention on Human Rights (ECHR) adopted the approach of "Margin of Appreciation", to keep the Human Rights concept intact throughout the Europe; a tool which is coping well with the issue of diversity. This article examines the rationalization of the doctrine "margin of appreciation" in the framework of "The European Court of Human Rights" (ECtHR) and British Legal System. Furthermore, a critical analysis of the doctrine is undertaken to understand how it helps to develop, improve and enhance the universal concept of human rights while maintaining the diverse nature of independent states. Hence, the research explains the extent of the "Margin of Appreciation" given to states by the ECHR. [ABSTRACT FROM AUTHOR]

Copyright of Anuario del Instituto de Historia Argentina is the property of Universidad Nacional de La Plata and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Scholars have argued that reasonable persons can disagree on what the most sensible good-faith purchase doctrine is. Indeed, using hand-coded data on this doctrine in 247 jurisdictions, this article finds that this doctrine has hardly converged-there are at least 23 different variants of this doctrine, from "no good faith required" to "good faith is all the purchaser needs." The 23 variants can be grouped into three clusters: the categorical approach, under which stolen goods always revert back to original owners; the binary approach, under which the distinction between stolen and non-stolen goods matters, but stolen goods do not always revert; and the unitary approach, under which there is no distinction between stolen and non-stolen goods. [ABSTRACT FROM AUTHOR]

Recent years have seen a rise in immaterial labour in the United Kingdom and other developed economies. Sociological explanatory accounts of these developments focus primarily on economic drivers. Little, if any, inquiry has been made into the potential role of law. This article seeks to identify the aspects of law that may be constitutive of employer and worker perceptions of the acceptability (or otherwise) of employer demands for immaterial labour. Two key contributions are made. The first is a setting‐out of a methodological approach to exploring the constitutive effect of law that emphasizes the internal operation of legal doctrine as critical to understanding its sociological implications. The second is the development of substantive knowledge on the potential role of law vis‐à‐vis the rise of immaterial labour. [ABSTRACT FROM AUTHOR]

In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that "an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains." The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court noted that the doctrine "has for so long been applied by this Court that it is beyond debate." After exploring the traditional justifications for Charming Betsy, this Article proposes that the canon should be justified, not just by Congressional intent or separation of powers, but by our desire to promote "rule of law" globally. Based on this justification for the canon, the Article reasons that it should be applied more vigorously in relation to legal norms established by treaty than in relation to customary international law. The Article also proposes a nuanced relationship between the Charming Betsy canon and another key interpretative tool of American courts, the Chevron doctrine. Finally, the Article explores whether and how Charming Betsy should be brought to bear in trade disputes where Congress has crafted special rules for recognition and implementation of WTO decisions. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law. [ABSTRACT FROM AUTHOR]

The essay explores the sociological implications offered by Oliver Wendell Holmes Jr.'s theory of Common Law; the legal pragmatism of this author, in fact, allows us to outline a conception of law as a rule of action and, consequently, the legal doctrine itself as a theory of action. [ABSTRACT FROM AUTHOR]

Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The relevance of the research topic is due to two reasons. On the one hand, the concept of notarial procedural legal relations features, nature and system to some K extent covered by scholars who have made a significant contribution to the formation of the science of notarial process, on the other hand a large number of works were created under other socio-economic, political and legal conditions. significantly different from the current stage, which negatively affects the effectiveness of legislative regulation of notarial procedural relations. Thus, now there are prerequisites for scientific and doctrinal rethinking of theoretical concepts of the science of the notarial process, including the theory of notarial procedural legal relations, which necessitates this study. The aim of the article is a comprehensive, systematic analysis of the doctrine formed in the doctrine of the notarial process (taking into account legislative and practical aspects) to understand the legal nature of notarial legal relations, the reasons for their emergence to perform notarial proceedings. It is established that for the emergence of notarial procedural legal relations a necessary condition must be the very existence of notarial professional activity of persons authorized by the state, as well as the conditions of its implementation, which must be fixed in law and defined by scientists as a notarial procedure. Therefore, the formula of notarial legal relations should contain a defining provision that the subject of notarial procedural legal relations is a person who performs notarial acts, and not the notary in general. The author came to the conclusion that notarial legal relations should form a system not only of internal notarial administrative and notarial procedural relations, but also to be consistent with external relations related to notarial legal relations and to form a certain intersectoral system, such as executive procedural legal relations. in particular, in matters of succession in the enforcement process in the event of the death of one of the parties to the enforcement process of the debt collector or debtor, who may also be the subjects of inheritance in the notarial process. At the same time, an important element of notarial procedural legal relations are the preconditions for their emergence, which should ensure their real emergence and development, and hence the realization of the rights of individuals to perform notarial proceedings. [ABSTRACT FROM AUTHOR]

This study aims to analyze the conventional part of the individual employment contract, respectively the clauses that the parties involved in this contract can negotiate and include. The optional clauses regulated in the Labor Code will be subject to analysis, but also the unregulated clauses as well as those types of clauses that cannot be included in the individual employment contract, being prohibited. The analysis of these clauses will be prepared in the light of the current doctrine and jurisprudence. [ABSTRACT FROM AUTHOR]

On June 11, 2020, the Quebec Superior Court released its judgment in DCPP v Telus, confirming the validity, applicability and -- for the most part -- operability of many provisions of the Quebec Consumer Protection Act applying to wireless service contracts. However, the Court concluded that sections 214.7 and 214.8 of the Consumer Protection Act, which set a limit on the early cancellation fees that may be charged to consumers by wireless service providers, were in conflict with the CRTC Wireless Code for certain types of contracts and therefore inoperative. The analysis in this comment suggests that the Court's application of the doctrine of federal paramountcy is far from a victory for consumers. This comment begins with an overview of the federal and provincial regulations applying to wireless service providers, and of the framework of division of powers used to determine how these two different sets of rules interact with each other. It then provides a summary of the reasons given by the Court of Quebec and the Quebec Superior Court. Finally, it discusses the Court's analysis and conclusions, focusing on its application of the federal paramountcy doctrine and its impact on the protection afforded to consumers in their contractual relations with telecommunications carriers. It concludes by explaining how the Court's solution to resolving conflicts between the federal Wireless Code and the provincial Consumer Protection Act actually deprives consumers of specific procedural benefits and more generous remedies. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article discusses the topic of proving foreign law in the Czech civil procedure in the light of case-law of the Supreme Court of the Czech Republic. The piece analyses the shortcomings of courts that appear in decisions of the courts of lower instances, shortcomings that the Supreme Court of the Czech Republic repeatedly needed to correct with a view to the fact that foreign law is law under the governing doctrine in Czech private international law. As regards the development of case law, the article discusses the procedural duties of the respective actors of a proceeding based upon the presumption that foreign law is law. Moreover, the. article provides a comparative outlook into how this issue is tackled by other selected legal orders. [ABSTRACT FROM AUTHOR]

Copyright of IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article assesses the international campaign seeking an advisory opinion from the International Court of Justice ("ICJ") regarding the duties of States to future generations in light of climate change under international law. The 2018 Intergovernmental Panel on Climate Change Report ("IPCC") demonstrated that the effects of climate change will be starkly different from 1,5°C to 2.0°C. The ICJ can play an important role in clarifying the legal duties States have to future generations in regard to climate change. The ICJ has significantly contributed to environmental adjudication with the Corfu Channel case, the Trail Smelter Arbitration, the advisory opinion on the Legality of Nuclear Weapons, and most recently with the Costa Rica v. Nicaragua case, thus demonstrating that the ICJ can play a meaningful role in climate change mitigation. This article will provide a framework for the procedure of obtaining an advisory opinion, discuss the legal significance of an advisory opinion, and suggest recommendations for how the General Assembly should frame the question. It will also describe the reasons the ICJ should write an advisory opinion while also discussing emerging legal doctrines that could inform the ICJ's issuance of an advisory opinion, including (1) international covenants; (2) customary international law; (3) international principles; and (4) judicial decisions involving human rights doctrine, climate migrant decisions, domestic climate litigation, and constitutions. It concludes by assessing the legal significance of the advisory opinion in protecting future generations and the principle of intergenerational equity. Overall, this article will serve as a useful tool to the international community during the upcoming 76th Session of the U.N. General Assembly. In light of the 2018 IPCC report and the UNEP Emissions Gap Report, the time is ripe for the ICJ to issue an advisory opinion and canvass international law to state the legal duties of States to future generations in light of growing climate change concerns. [ABSTRACT FROM AUTHOR]

The aim of this paper is to determine the re-characterization risk inherent in a classic securitization project. The paper highlights the importance of making a more thorough investigation of the true-sale doctrine providing principal tools for minimization of such a risk. The author examines the legal consequences of re-characterization for a securitization project and outlines the basic factors which may lead to re-characterization. He explores the classic true-sale doctrine and suggests its better understanding within the securitization context. The existing literature provides no common approach which would help to distinguish between a sale and a secured loan in this context. This article fills a gap in the doctrine by establishing an efficient 'purpose-oriented approach', under which a court shall focus on the purpose of the principal transaction in securitization. We suggest the exhaustive list of criteria for characterization of such a deal which should include only adequacy of consideration paid for the receivables and adequacy of the subject-matter of the deal. [ABSTRACT FROM AUTHOR]

The doctrine of constructive presence allows a coastal state to pursue and arrest a vessel on the high seas, even though that vessel may have never entered the state's jurisdiction. This is because the vessel's presence can be "constructed" inside the state's jurisdiction when a connection can be found with other craft, suspected of having committed an illegal act there. This article explores the impact of the Tribunal's decision in the Arctic Sunrise case (2015) on constructive presence. It shows that the necessary link between the vessels is now found when there exists evidence of participation in an illegal scheme. [ABSTRACT FROM AUTHOR]

Copyright of IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal Of the College of Law /Al-Nahrain University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Precedents ("Súmulas") integrate Brazilian legal system intending to provide coherence and consistency to legal decisions. However, such scopes are under threat due to unsystematic and merely positive text-based application of this legal doctrine institute. Contrary to this scenario, this article aims at investigating the meaning of precedents ("súmulas") in Brazilian law, aiming at pointing out evidences of its discursive materialism and suggesting directions to a rational and democratically manageable legal practice. For this purpose, theoretical contributions of discourse analysis, highlighting concepts developed by Michel Pêcheux and comparing them to the problematics of subjective appropriation of precedent ("súmula") meaning in forensic praxis. [ABSTRACT FROM AUTHOR]

The economic analysis of the law, which is at the meeting point of the "law" and "economic" sciences, which have continued their development in separate lanes for many years, emerges as a new perspective of legal doctrine. The legal and economic approach makes the economic analysis of the legal system and rules, as well as the legal effects and consequences of economic life. As the name implies, this approach is concerned with examining the rules of law within the framework of the principles and assumptions of economics. Law and economics is an interdisciplinary field of study that examines the rules of law based on the basic concepts, tools, principles and methodology in economic science. Richard A. Posner, who is a (retired) judge at the same time with his studies at the University of Chicago, especially his "Economic Analysis of Law" published in 1973, is the leading figure in the approach in question. In this study, Posner's contributions to the economic analysis of law are discussed. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of AIS: Ars Iuris Salmanticensis is the property of Ediciones Universidad de Salamanca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista da Faculdade de Direito da Uerj is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Even before the adoption of the Administrative Code by the Government, in July 2019, by emergency ordinance, the doctrine, but also the public environment brought more criticisms regarding it, criticisms that concerned not only the substance of the regulation, but also the method of adoption. The Ombudsman submitted to the Constitutional Court the exception of unconstitutionality that he formulated after almost two months from the entry into force of the emergency ordinance through which the Administrative Code was adopted, but we will not discuss in our analysis neither the reasons invoked, nor the character of the constitutionality of the normative act currently in force. We have chosen to analyse the most important legislative solutions in the field of administrative acts through O.U.G. no. 57/2019 regarding the Administrative Code, as the new regulation establishes, in our opinion, new, more flexible and more coherent rules, regarding the administrative acts by which the service reports of the civil servants are established, modified, suspended or terminated and to those by which the disciplinary sanction of the civil servant is ordered. Also, based on the previous jurisprudential solutions, the Administrative Code also makes some necessary clarifications regarding the documents to be annexed, published and/or communicated to the civil servant together with the administrative act, especially regarding the administrative acts aimed at senior civil servants. [ABSTRACT FROM AUTHOR]

The paper presents some of the main contributions of the Romanian doctrine to the study of the supremacy of the Constitution and the principle of legality, and considers the quality of regulation as a dimension of legality, also underlining the major role that international organizations have in determining the dimensions of the principle of legality. Although the first two parts of our research are mainly theoretical, the last part of the paper offers examples from the practice of regulation, gathered during last years, the conclusions indicating the importance of the relation between regulation drafting technique and the principle of legality. [ABSTRACT FROM AUTHOR]

Without opposing to the doctrine of the Court of Justice of the European Union, which has facilitated an extensive ex officio validity control of the arbitration agreement by the state courts in the area of consumer protection, this paper argues that perhaps this doctrine could be moderated according to the procedural conduct of the party in litigation, in order not to disproportionately affect core elements of the arbitration such as: the parties' consent, the Kompetenz-Kompetenz rule and the limited court involvement. [ABSTRACT FROM AUTHOR]

The United States has a longstanding history of denying aliens admission based on a wide range of grounds that we have deemed to demonstrate the alien would be either dangerous to society or a financial burden on the state. "Self-sufficiency" has been a basic principle of US immigration law since the country's earliest immigration statutes. It is the contention of the Department of Homeland Security that the availability of public benefits can create an incentive for immigration to the United States at a rate that cannot be financially supported by the government. Certain European countries, such as Sweden, see a high rate of immigrant flow into their welfare state. However, in Sweden, the general policy of "self-sufficiency" is not as pertinent, and thus, the general population of Sweden welcomes aliens despite high use of public benefits. In October 2018, DHS proposed a rule under section 212(a)(4) of the Immigration and Nationality Act that would expand the scope of the "public charge" ground of inadmissibility. The public charge doctrine dates back to the 1800's. However, the proposed rule prescribes with specificity how it will determine whether an alien is inadmissible to the United States, by better defining, and expanding, who would fall within this category. Whatever perceived strain that immigrants place on the welfare state should not be reason to prevent aliens from admission or citizenship in the United States. In this paper, I will analyze the history of the public charge doctrine and its intersection with the welfare state, as well as analyze the current use of public benefits by aliens. I will conduct an international comparison to the country of Sweden and analyze its Immigration and social policy. I will use these current findings and international comparisons as arguments against the DHS expansion of "public charge.". [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The objective of this article is to deal with the legal and economic aspects of the extensions of public service concessions, addressing the economic and financial balance in these concessions and the means of rebalance in the event of a serious and unforeseeable event. The paper is structured as follows: it initially deals with the concept of economic-financial balance and its application in public service concession contracts. It then goes to the mechanisms of rebalance of the initial contractual equation, focusing on the extension of the contract, noting that the doctrine examines only legal aspects of this institute. The problem of the present work is the verification if the juridical and economic aspects about the extension of the concession agreements point in the same direction. The hypothesis is that such elements do not converge and the decision on the extension cannot ignore the economic aspects, and must weigh them to guarantee transparency in the political decision. [ABSTRACT FROM AUTHOR]

Recent decisions of Paciocco v ANZ in the Australian High Court and Cavendish v Makdessi in the UK Supreme Court reconsidered the penalty doctrine and operation of the Dunlop principles formulating and applying new tests. This article considers the apparent uncertainty around those tests. In particular the article focuses on the meaning of a 'legitimate interest' that can be protected in a contract and how that protection can be framed, without the attempt being found to be a penalty. The article considers how relevant interests are to be identified and whether any interests fall outside the scope of the penalty doctrine, by considering recent cases that apply the new law of penalties. [ABSTRACT FROM AUTHOR]

Copyright of Revista Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)