This is a pre-publication draft of my contribution to a symposium in the Emory Law Journal honoring the extraordinary scholarly career of Michael J. Perry. In i
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![]() ‘Separation’ between jus ad bellum and jus in bello as Insulation of Results, not Scopes, of Application by Ka Lok Yip :: SSRNThis article examines the tendencies to define the scope of application of jus ad bellum negatively in relation to the scope of application of jus in bello and The Disaster Import of Plea Bargaining from Common Law to Civil Law, in Brazil by Davi Santana :: SSRNPlea Bargaing, an institute that affects about 95% of cases in the United States, was proposed in Brazil as part of the "Projeto Anticrime", in 2019. Basic texts and governance - AIIC = International Association of Conference InterpretersFind AIIC's basic text including Professional Ethics, Professional Standards and Statutes that govern the association. CCJE (Consultative Council of European Judges ) Opinions and Magna CartaThe CCJE has an advisory function on general questions relating to independence, impartiality and competence of judges. This leads it to prepare opinions for the attention of the Committee of Ministers. The CCJE may also receive requests for opinions from other Council of Europe bodies. Although the opinions given by the CCJE take account of existing national situations, they mainly contain innovative proposals for improving the status of judges and the service provided to members of the public seeking justice. CCJE OPINIONS AND MAGNA CARTA The Opinions that the CCJE adopted annually since 2001 and the Magna Carta of Judges adopted in 2010 can be found in the COLLECTION of the Opinions of the Consultative Council of European Judges (CCJE) and Magna Carta of Judges MAGNA CARTA OF JUDGES (2010) On the occasion of its 10th anniversary, the CCJE adopted, during its 11th plenary meeting (November 2010), a Magna Carta of Judges (Fundamental Principles) summarising and codifying the main conclusions of the Opinions that it already adopted. The Magna Carta is available in Armenian, Bulgarian, Catalan, Croatian, Czech, French, German, Greek, Italian, Lithuanian, Macedonian, Polish, Serbian, Slovakian, Slovenian, Spanish and Romanian. CCJE OPINIONS Opinion n°24 (2021) on the evolution of the Councils for the Judiciary and their role in independent and impartial judicial systems also available in Albanian, Bulgarian, Croatian, French, Georgian, German, Italian, Lithuanian, Macedonian, Montenegrin, Polish, Romanian, Spanish, Ukrainian Opinion n°23 (2020) on the role of associations of judges in supporting judicial independence also available in Bulgarian, Croatian, French, German, Italian, Montenegrin, Polish, Romanian, Serbian, Slovenian, Spanish, Ukrainian Opinion n°22 (2019) on the role of judicial assistants also available in Bulgarian, Croatian, French, German, Italian, Montenegrin, Polish, Romanian, Serbian, Slovak, Slovenian, Spanish, Turkish, Ukrainian Opinion n° 21 (2018) preventing corruption among judges also available in Bulgarian, Croatian, French, German, Italian, Polish, Romanian, Serbian, Spanish, Ukrainian Opinion n° 20 (2017) on the role of courts with respect to the uniform application of the law also available in Armenian, Bulgarian, Croatian, French, Georgian, German, Macedonian, Montenegrin, Polish, Romanian, Serbian, Slovak, Slovenian, Ukrainian Opinion n°19 (2016) on the role of court presidents also available in Armenian, Bulgarian, Croatian, French, Georgian, German, Macedonian, Polish, Romanian, Russian, Serbian, Slovak, Spanish, Ukrainian Opinion n°18 (2015) on the position of the judiciary and its relation with the other powers of state in a modern democracy also available in Armenian, Bulgarian, Croatian, French, Georgian, German, Macedonian, Polish, Romanian, Serbian, Spanish, Ukrainian Opinion n°17 (2014) on the evaluation of judges’ work, the quality of justice and respect for judicial independence also available in Albanian, Armenian, Bulgarian, Croatian, French, Georgian, German, Lithuanian, Macedonian, Montenegrin, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion n°16 (2013) on the relations between judges and lawyers also available in Armenian, Bulgarian, Croatian, French, Georgian, German, Lithuanian, Macedonian,Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion n°15 (2012) on the specialisation of Judges also available in Armenian, Bulgarian, Croatian, French, Georgian, German, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovak, Slovenian, Spanish, Turkish, Ukrainian Opinion n°14 (2011) on justice and information technologies (IT) also available in Armenian, Bulgarian, French, Georgian, German, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion n°13 (2010) on the role of Judges in the enforcement of judicial decisions also available in Armenian, Bulgarian, French, Georgian, German, Lithuanian, Macedonian, Polish, Romanian, Serbian, Spanish, Ukrainian Opinion No. 12 (2009) on the relations between Judges and Prosecutors in a democratic society also available in Albanian, Armenian, Azerbaijani, Bulgarian, Czech, Dutch, French, Georgian, German, Greek, Lithuanian, Macedonian, Montenegrin, Polish, Portuguese, Romanian, Serbian, Slovenian, Spanish, Turkish, Ukrainian Bordeaux Declaration “Judges and Prosecutors in a Democratic Society” is also available in Italian Opinion n°11 (2008) on "the quality of judicial decisions" also available in Bulgarian, Croatian, Dutch, Estonian, French, Georgian, German, Italian, Lithuanian, Macedonian, Montenegrin, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion n°10 (2007) on "Council for the Judiciary in the service of society" also available in Armenian, Bulgarian, Croatian, Dutch, Georgian, German, Estonian, French, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion n°9 (2006) on "the role of national judges in ensuring an effective application of international and European law" also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovakian, Spanish, Ukrainian Opinion n°8 (2006) on "the role of judges in the protection of the rule of law and human rights in the context of terrorism" also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Polish, Romanian, Serbian, Spanish, Ukrainian Opinion N° 7 (2005) on "justice and society" also available in Armenian, Bulgarian, Croatian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion N° 6 (2004) on fair trial with a reasonable time also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion N° 5 (2003) on the law and practice of judicial appointments to the European court of human rights also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion N° 4 (2003) on training for judges also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Montenegrin, Polish, Romanian, Serbian, Slovak, Spanish, Ukrainian Opinion N° 3 (2002) on ethics and liability of judges also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Polish, Serbian, Spanish, Romanian, Russian, Slovak, Ukrainia Opinion N° 2 (2001) on the funding and management of courts also available in Armenian, Bulgarian, French, Georgian, German, Estonian, Lithuanian, Macedonian, Montenegrin, Polish, Serbian, Slovak, Spanish, Romanian, Russian, Ukrainian Opinion N° 1 (2001) on standards concerning the independence of the judiciary and the irremovability of judges also available in Armenian, Bulgarian, Dutch, French, Georgian, German, Estonian, Lithuanian, Macedonian, Montenegrin, Polish, Serbian, Slovak, Spanish, Romanian, Russian, Ukrainian www.coe.int/ccje Search tool Collaborative workspace Calendar of CCJE meetings Conferences and other events Presentation the CCJE’s work before the Committee of Ministers 10 February 2021 Speech of Ms Nina Betetto Webinar “The judiciary: possible ways of development” 18 January 2021 organised by the Association of Polish Judges IUSTITIA, as well as by the EAJ, MEDEL and AEAJ Speech of Ms Nina Betetto Online Conference of Ministers of Justice: "Independence of Justice and the Rule of Law" 9 November 2020 Contact us Directorate General Human Rights and Rule of Law Justice Ginsburg's Cautious Legacy for the Equal Rights Amendment by Julie C. Suk :: SSRN
History will remember the late Justice Ruth Bader Ginsburg (RBG) as the “founding mother” of constitutional gender equality in the United States. This Article u
Text is Not Law by Erik Encarnacion :: SSRN
The Supreme Court’s landmark decision in Bostock v. Clayton County provides further fodder for debates about textualism, given the dueling opinions of Justices
The End of Government Speech #SCOTUS by G. Alex Sinha :: SSRN
Thirty years ago, the Supreme Court created the government speech doctrine to protect certain forms of government action against First Amendment challenges. The
Civil Lay Judges: A Global Overview by Jérémy Boulanger-Bonnelly :: SSRNThis paper provides an overview of the reliance on lay judges in civil matters around the world (excluding civil juries). The objective is to provide a starting Prejudice and its Legal Interpretation by Alexander Novozhilov :: SSRNMany lawyers underestimate prejudice, but its importance is enormous. The term "prejudice" has Latin roots (from Latin ‘praejudicialis’), which means The Concept of an International Organization in International Law by Lorenzo Gasbarri :: SSRN
Despite their exponential growth in number and activities, there is not an established legal concept of an international organization. This book tackles the top
Global Developments and Challenges in Costs and Funding of Civil Justice by Masood Ahmed, Xandra E. Kramer :: SSRN
Access to justice is a basic human right and a fundamental constitutional principle. It is also a right which, as Lord Reed succinctly put it in R (on the appli
Scraping in Cyberspace: Police Entrapment in the Virtual World by Mathew Zaia :: SSRN
The Supreme Court of Canada will soon consider entrapment in the virtual space in four companion cases: R v Ramelson, R v Haniffa, R v Dare, and R v Jaffer. Thi
The Professional Statute of the Data Protection Officer by Tiago Branco da Costa :: SSRN
The role of the data protection officer, although referred to by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, has been c
Machine-Learning Comparative Law by Han‐Wei Ho, Patrick Chung-Chia Huang, Yun-chien Chang :: SSRN
Comparative lawyers are interested in similarities between legal systems. Artificial intelligence offers a new approach to understanding legal families. This ch
Law Schools Should Teach Non-precedential Federal Appellate Opinions by Sarah E. Ricks :: SSRN
Most law students would be shocked to learn that the vast majority of decisions by federal appellate courts bind no one but the parties themselves. Only a tiny
What 'Dobbs' Means for Women's Equality (The Seeds of Unraveling a Host of Gender-based Protections are Present in the Draft Opinion) by Marc Spindelman :: SSRN
This brief commentary takes a close critical look at Justice Samuel Alito's draft opinion for the Supreme Court in Dobbs v. Jackson Women's Health Organization
In Data We Trust? Quantifying the Costs of Adjudication in the EU Justice Scoreboard by Adriani Dori :: SSRN
Affordable and timely judicial proceedings by independent courts are essential for an effective justice system. They are also a precondition for the protection
Justice Ginsburg's Cautious Legacy for the Equal Rights Amendment by Julie C. Suk :: SSRN
History will remember the late Justice Ruth Bader Ginsburg (RBG) as the “founding mother” of constitutional gender equality in the United States. This Article u
Is a Translated Work an Intellectual Property Or a Mere Commodity?When you write a story, your work is supposed to be protected by copyright law. Copyright is a kind of intellectual property law that aims to protect original works. That includes literature, music, and other artistic works. Faut-il autoriser le Parlement européen à proposer les lois ?Contrairement aux parlements des 27 Etats de l’Union, le Parlement européen élu par les citoyens ne peut pas être à l'initiative des législations européennes. Seule la Commission a ce pouvoir. Pour certains, il s’agit d’une anomalie démocratique qui doit prendre fin. Why Judges Can't Save Democracy by Robert L. Tsai :: SSRNThis is a contribution to a symposium on David M. Driesen's book, "The Specter of Dictatorship" (Stanford Press 2021), held at Syracuse University Col The Law of Pseudonymous Litigation by Eugene Volokh :: SSRN
When may parties in American civil cases proceed pseudonymously? The answer turns out to be deeply unsettled. This Article aims to lay out the legal rules (such
A Brief Introduction to the Right to Privacy: An International Legal Perspective by Md. Toriqul Islam :: SSRN
After the invention of computers in the 19th century and the Internet in the late 1960s, the vast majority of our work is done online. The dependence on online
tort | Definition, Examples, Laws, Types, & Facts | Britannica
tort, in common law, civil law, and the vast majority of legal systems that derive from them, any instance of harmful behaviour, such as physical attack on one’s person or interference with one’s possessions or with the use and enjoyment of one’s land, economic interests (under certain...
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