Legal Traditions (legal + tradition)

Distribution by Scientific Domains


Selected Abstracts


Domestic Terrorism in the Islamic Legal Tradition

THE MUSLIM WORLD, Issue 3-4 2001
Sherman A. Jackson
First page of article [source]


Justice Without Borders: Human Rights Cases in U.S. Courts

LAW & POLICY, Issue 1 2006
JEFFREY DAVIS
In 1980 the Second Circuit Court of Appeals broke with years of legal tradition and ruled that human rights victims could sue their oppressors in federal court,even if the alleged violations occurred outside the country. This court based the extension of its authority on a provision of the 1789 Judiciary Act now referred to as the Alien Tort Claims Act (ATCA). ATCA cases present a unique opportunity to study judicial behavior in the face of separation of powers interests, traditions of judicial restraint, sovereign immunity defenses, and an active internationalist movement to extend human rights guarantees worldwide. Combining legal analysis with quantitative methodology, I find that U.S. federal courts are slowly accepting an internationalist approach to human rights, and that interest groups are largely driving this transformation. Sovereignty concerns and judicial ideology are not conditioning case outcomes, but party resources and separation of powers issues are. [source]


LABOUR MARKET REGULATION: SOME COMPARATIVE LESSONS

ECONOMIC AFFAIRS, Issue 3 2005
W. S. Siebert
Labour market regulation that undermines freedom of contract leads to fewer, higher productivity jobs with employment being across a narrower range of ages. More people are excluded from the labour market, in highly regulated countries and they remain unemployed for longer. This seems to be damaging to welfare. It is possible that the extent of regulation is explained by the relative ability of those who gain from regulation (those in work) to influence the outcome of political processes to a greater extent than those who lose (the unemployed). However, the legal framework and legal traditions may also play a part. [source]


The Determinants of Debt Maturity Structure: Evidence from France, Germany and the UK

EUROPEAN FINANCIAL MANAGEMENT, Issue 2 2006
Antonios Antoniou
G20; G32 Abstract We examine the determinants of the debt maturity structure of French, German and British firms. These countries represent different financial and legal traditions that may have implications on corporate debt maturity structure. Our model incorporates the factors representing three major theories (tax considerations, liquidity and signalling, and contracting costs) of debt maturity. It also controls for capital market conditions. The results confirm the applicability of most theories of debt maturity structure for the UK firms. However, the evidence from France and Germany are mixed. Overall the findings suggest that the debt maturity structure of a firm is determined by firm-specific factors and the country's financial systems and institutional traditions in which it operates. [source]