1,721,016 research outputs found
Review of \u3cem\u3eThe Judge in a Communist State: A View from Within\u3c/em\u3e
Get PDFThis is a rare book. It is full of real people and real life episodes. The author\u27s almost incredible memory for the details of scores of cases and other legal incidents in Czechoslovakia in the 1950\u27s makes this a remarkable contribution to the comparative-law literature. Those who are looking for theoretical controversy will not find it here, for this book is simply a generous slice of life in a communist country, as seen through the eyes of a remarkably perceptive, legally trained viewer. As the author says, it is neither an indictment nor a glorification (p. xi). The author is able to put us in the shoes of an average Czech, so that we may see that stupidity is often worse than repression, and poor housing and boredom more severe punishments than a prison term. His writing evidences a keen sense of the dramatic, the pathetic, and the commonplace in life
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Review of A Bibliography on Foreign and Comparative Law
Get PDFThis volume is a most welcome addition to the author\u27s first compilation of English language materials on this subject which covered the period to 1953. The present volume includes books and articles from April 1, 1953 through 1959 and a few articles of special importance after that date. It also includes a few earlier items not included in the first volume
Globalisation of Contract Law: Rules for Commercial Contracts in the 21st Century
No full textThis is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Review of Justice without Law?
Get PDFThe title of this book refers to the stiving of communities of various types in different circumstances to develop patterns of conflict resolution that reflected their common striving for social harmony beyond individual conflict, for justice without law. The author wants to document what he calls the search through three and a half centuries of American history for justice beyond law, without lawyers or courts. Readers familiar with Auerbach\u27s earlier book, Unequal Justice (62 A.B.A.J. 838 (1976)), will correctly assume that this is not a sympathetic view of the influence of bar and bench on the development of alternatives to litigation. Auerbach laments that their influence has led to legalization of these alternatives, and he questions the motives of many of the reformers
Federal arbitration law: A study of federal-state relations in the enforcement of arbitration agreements.
No full textWhile almost seventy years have passed since Congress adopted the federal Arbitration Act (FAA), many difficult issues continue to hang over the enforcement of arbitration agreements under federal law. First, what role may state law play in a federal enforcement proceeding? A federal court, when dealing with an arbitration agreement covered by section 2 of the FAA, should apply federal law. Where statutory gaps exist, state law may be borrowed as federal rules of decision; but the adoption of state law must be scrutinized under the objectives of the federal statute. The main objective of the FAA is to honor the parties' agreement to arbitrate. Another issue concerns the application of federal arbitration law in state courts. Since the FAA was based on Congress' commerce power, it is applicable in federal as well as state court proceedings. Doubts arise as to the application of federal enforcement regulations to procedural matters in state courts. Federal enforcement regulations should control state court proceedings if the applicable state rule or procedure is inconsistent with the objectives of the federal statute. Finally, a recent Supreme Court decision concluded that federal arbitration law may be displaced by a contract clause selecting a state's law. The book raises serious questions about the validity of the Court's holding and rationale. With respect to section 2 issues, the nondiscriminating test is the sole standard for incorporating state law to fill statutory gaps. Sections 3 and 4 of the FAA do not enforce contract provisions that are not part of the arbitration agreement covered by section 2. Whether contractual choice of law is enforceable must be decided in light of the statutory language and purposes. Often choice-of-law clauses are not intended to determine judicial enforcement matters. Nor do they purport to invoke state rules unfavorable to arbitration. Where the parties agree that a state's law applies in the enforcement proceeding, the agreement cannot displace applicable federal rules, unless the parties have expressly made the application of state law a condition for the effectiveness of their consent to arbitration.Doctor of Juridical Science (SJD)Business administrationLawPolitical scienceSocial SciencesUniversity of Michigan, Horace H. Rackham School of Graduate Studieshttp://deepblue.lib.umich.edu/bitstream/2027.42/129102/2/9323126.pd
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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