Legal Scholarship
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Recent papers in Legal Scholarship
To ask the question, “Does evidence law matter?,” is often to assume that some sets or groups of people believe it is important while others are challenging that view. However, another assumption regarding the nature of this question is... more
http://elibrary.steiner-verlag.de/legal-scholarship-and-the-subject-matter-of-jurisprudence.html In this paper I call attention to the fact that there is a remarkable difference between that which Anglo-American jurisprudents more or... more
Resumen: Este trabajo articula una serie de reflexiones epistemológicas del autor partiendo de su experiencia particular en el campo del Derecho del Trabajo y de la Seguridad Social, que se pretenden aplicar a cualquier indagación... more
The paper intervenes in the burgeoning field of comparative constitutionalism. Adopting comparative constitutional research on gay rights as a case study, it addresses the scholarship that comparative constitutionalists are producing,... more
The comparative method is central to the developments of international arbitration. The recurrent epistemological debates on the nature of comparative law and its relationship with method have constituted a hindrance to the developments... more
With a focus on Canada, but framed by similar and shared concerns emerging in the United States, this chapter examines the current status of what constitutes and defines academic freedom for academic librarians and the rights and the... more
Abstract (D): Neuere Beispiele zeigen, wie Rechtswissenschaftler – und nicht nur Naturwissenschaftler, wie z.B. in jüngster Zeit Epidemiologen und Virologen – aufgrund ihrer Expertise Einfluss auf die Politik nehmen können oder dies... more
Both Richard Weisberg and James Boyd White are eminent figures in the academic field of law and literature. As lines between philosophy and literature blur, the stance of “judgment” becomes more like a reflective aesthetic evaluation... more
On its 50th anniversary, this paper argues for revising the accepted reading of Roncarelli v. Duplessis. Accounts by which Rand J. defended the rule of law while the dissenters were indifferent to it mischaracterize the judgment. Rand... more
Esta Tese defende que juristas internacionais brasileiros constituem uma comunidade acadêmico-profissional dotada de elementos identificadores e específicos da matéria. Utilizando a metáfora de Oscar Schachter (“Escola Invisível de... more
Legal blogging is an emerging phenomenon in Quebec compared to other legal systems where it is has been a longstanding practice. The Quebec legal blogosphere now has around fifty active blogs which remain largely unknown to the legal... more
This article is primarily concerned with investigating whether and to what extent legal doctrine actually influences judicial decision-making process in Ukraine and others countries. It is concluded that legal doctrine not only assists... more
espanolEste trabajo articula una serie de reflexiones epistemologicas del autor partiendo de su experiencia particular en el campo del Derecho del Trabajo y de la Seguridad Social, que se pretenden aplicar a cualquier indagacion academica... more
Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of... more
Legal doctrine is an integral part of any developed legal system, where class of professional lawyers has been formed, complex of special legal texts has been created and there are professional legal practices secluded from other spheres... more
Short papers have been relegated to secondary status primarily because of their length. But many scholarly papers of under 10,000 words have had monumental impact in legal thought. I argue for a reassessment of the short paper's value and... more
This essay argues that comparative law is not and never will be a distinctive academic discipline. Various counter-arguments based on the alleged distinctiveness of comparative law’s (1) subject-matter, (2) methodology, (3) challenges,... more
With a focus on Canada, but framed by similar and shared concerns emerging in the United States, this chapter examines the current status of what constitutes and defines academic freedom for academic librarians and the rights and the... more
Sometimes the authors of law review articles engage in a bait-and-switch: they insert exaggerated claims of novelty or significance into their submission to student editors and then, after securing a satisfactory offer of publication,... more
Two camps have begun to emerge from the rich ferment in legal ethics teaching and scholarship over the last twenty years. The first group, whose members might be termed “law-givers,” consists of those who view legal ethics as chiefly... more
The specific features of the use of legal scholarship by the courts of Ukraine have been analyzed in the paper. The reasons of lack of the established practice of scholarly writings citation in court decisions have been considered.