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Untangling Child Pornography From the Adult Entertainment Industry: An Inside Look at the Industry\u27s Efforts to Protect Minors
Get PDFElan, Enron, and the Aftermath of Scandal: A Comparative Analysis of Recent Irish and American Corporate Governance Legislation
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Competing Legal Cultures and Legal Reform: The Battle of Chile
Get PDFThis Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country\u27s legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance of fostering an effective legal culture has been noted in clinical legal education and in legal practice.\u27 While some legal cultures reflect national borders, others are religiously based and separate from the sovereign State and national bar associations. Legal culture has played as significant a part in the national development of the United States as it has in the histories of Chile and Germany. This Article compares the manner in which U.S. and German legal cultures have been exported or transplanted to Chile
Rabenmutter and the Glass Ceiling: An Analysis of Role Conflict Experienced by Women Lawyers in Germany as Compared with Women Lawyers in the United States
Get PDFThe purpose of this article is to analyze and compare women lawyers in Germany with women lawyers in the United States: their legal education, gender proportion in the legal profession, work opportunities, satisfaction with professional choices, and role conflicts. 22 Part I of this article will describe Germany\u27s legal education and compare it with U.S. legal education. Part II will review the literature and issues relevant to German women lawyers as compared with U.S. women lawyers and will summarize and analyze how societal attitudes have affected women\u27s choices in Germany and in the United States. Part III will compare demographic and role conflict data collected from a population of fifty-five German women lawyers with the data from a selected sample of female attorneys in San Diego, California. Part IV concludes with observations from this cross-cultural analysis of role conflict and with a call to restructure the legal environment in both countries to be inclusive and family friendly- with the goal to find ways to promote and to retain female lawyers
Mistakes, Changed Circumstances and Intent
Get PDFThe most common contract defenses are duress, unconscionability, incapacity, fraud, and the basic assumption. defenses4 of mutual mistake, unilateral mistake, impossibility, frustration of purpose and commercial impracticability. In this Article, I limit my discussion to basic assumption defenses. Several prevailing rationales explain why a party should be allowed to escape contractual liability despite the sufficiency of consideration where there has been a failure of a basic assumption material to the transaction. No single rationale or principle, however, unifies all basic assumption defenses. Several commentators have noted that similar fact patterns applying a given doctrine often yield inconsistent results. Parties’ employment of these defenses, and courts’ analyses of them, is often confusing and inaccurate.
This Article proposes that basic assumption defenses can best be explained and analyzed through the prism of contractual intent. Although typically discussed in terms of a singular concept, contractual intent in fact comprises various facets, which I refer to as volitional intent, cognitive intent, and contextual purposive intent. Part II provides an introduction to, and description of, my proposed expanded intent analysis. Part III applies expanded intent analysis to cases involving basic assumption defenses. Part IV addresses possible concerns with using a dynamic approach/expanded intent analysis. This Article concludes that adopting my proposed intent-based analysis has several advantages over the current application of contract defenses. First and foremost, it directly addresses and incorporates contract law’s two primary objectives: furthering autonomy and facilitating transactions. Second, because it removes artificial doctrinal distinctions, it eliminates or minimizes confusion and simplifies analysis. Consequently, it provides for greater consistency in judicial decisions. Finally, the approach is flexible, and therefore better accommodates technological advancements, such as the Internet, in the modern marketplace
The Transatlantic Divide Over the Implementation and Enforcement of Security Council Resolutions
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