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Access to Civil Justice  

Roderick A. Macdonald

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Subject:
Law, Civil Law
This article discusses the process of empirical research on access to justice, explaining the procedure from data collection to analysis. Research into access to justice finds ways to ... More

Citizenship  

Linda Bosniak

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, Civil Law
Common themes and common divides have come to organize citizenship discourse both within and beyond legal studies. Broadly speaking, questions about citizenship can be divided into three ... More

Civil Procedural Law, the Judiciary, and Legal Professionals  

Alain Wijffels

Print publication date:
Jul 2018
Online publication date:
Aug 2018
In civil law courts, early modern civil procedure was based on the Roman-canonical model of proceedings originally developed in late medieval ecclesiastical courts and by academic ... More

Civil Procedure and Courts  

Carrie J. Menkel-Meadow and Bryant G. Garth

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Subject:
Law, Civil Law
Courts play a central role in legal and political processes in many countries in the common law world. Legal actors have a stake in making sure that legal processes and procedures are ... More

Civil Processes  

Judith Resnik

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, Civil Law
This article charts and analyzes the shifts in civil processes during the twentieth century by examining sequences of reformation and critique during which calls have been made for more, ... More

The Civilized and the Uncivilized  

Liliana Obregón Tarazona

Print publication date:
Nov 2012
Online publication date:
Dec 2012
From the 16th century to the early 19th century, the concepts of civilized/uncivilized, which categorized and stratified peoples, nations, or States, were keys to the language of informal ... More

Comparative Civil Procedure  

Joachim Zekoll

Print publication date:
Mar 2019
Online publication date:
May 2019
This essay will first examine the attempts to categorize and label procedural systems, an impulse that many comparatists cannot, but should, resist because the very exercise of creating ... More

Fiduciary Principles in European Civil Law Systems  

Martin Gelter and Geneviève Helleringer

Print publication date:
May 2019
Online publication date:
May 2019
This chapter surveys fiduciary principles in Western European civil law jurisdictions. Focusing on France and Germany, it shows that functional equivalents to fiduciary duties have ... More

Fiduciary Principles in Roman Law  

David Johnston

Print publication date:
May 2019
Online publication date:
May 2019
This chapter focuses on fiduciary principles that operate in the Roman law. It first provides an overview of Roman legal institutions and their key features, asking whether an institution ... More

Law and Technology in Civil Judicial Procedures  

Francesco Contini and Antonio Cordella

Print publication date:
Jul 2017
Online publication date:
Oct 2016
This chapter analyses how technological systems shape the actions and the outcomes of judicial proceedings, through discussing the regulative regimes underpinning technical and legal ... More

Non-Governmental Organizations and Civil Society  

Peter Spiro

Print publication date:
Aug 2008
Online publication date:
Sep 2012
Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For ... More

Peace Movements, Civil Society, and the Development of International Law  

Cecelia Lynch

Print publication date:
Nov 2012
Online publication date:
Dec 2012
The impact of peace movements on the development of international law over the course of the 19th and early 20th centuries was significant, especially in advancing norms of equality of ... More

The Promise of Informed Consent  

Robin Fretwell Wilson

Print publication date:
Jan 2017
Online publication date:
Apr 2016
This chapter examines the challenges that need to be addressed before the promise of informed consent can be realized. It begins by tracing the evolution of physicians’ duty to secure a ... More

Roman Law  

Clifford Ando

Print publication date:
Aug 2018
Online publication date:
Sep 2018
Roman law has been a system of practice and field of academic study for some 2,400 years. Today, the field enjoys unprecedented diversity in terms of linguistic, disciplinary, and national ... More

The “Shifting Line” of Sports Betting Legalization  

Daniel L. Wallach

Print publication date:
Feb 2018
Online publication date:
Oct 2017
This chapter examines the growing and transformative body of law governing sports betting, with a special emphasis on the Interstate Wire Act of 1961 and the Professional and Amateur ... More

Tracing Legal History In Continental Civil Law  

Heikki Pihlajamäki

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter begins with a brief introductory note on the role of legal history in ancient Roman law, and the legal scholarship of medieval glossators and commentators. It then turns to ... More

WTO and Civil Society  

Marcos A. Orellana

Print publication date:
Jan 2009
Online publication date:
Sep 2012
This article analyses the roles played by multinational corporations and civil society in the development of trade law and its ongoing evolution. It examines the notion of civil society ... More

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