Jurisdiction and Enforcement in International Family Law: A Labyrinth of European and International Legislation

Netherlands International Law Review -     

A Formal Theory of the Rule of Law*

Abstract
The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**     

Institutional Arrangements and the Dynamics of Agenda Formation in the U.S. Supreme Court and Courts of Appeals

The manner in which agenda change occurs demonstrates how institutional arrangements influence agenda priorities in the Supreme Court and Courts of Appeals. A neo-institutional theoretic perspective is employed to examine the dynamics of agenda formation in these courts. The article finds that the Supreme Court's agenda choices influence the decisions of litigants, interest groups, and lawyers to appeal certain cases to the Courts of Appeals. While the Supreme Court's agenda primarily is influenced by internal factors, it is constrained by agenda changes in the appeals courts. Critically, it is shown that these federal appellate courts exist within an endogenous system with respect to agenda formation, as both courts respond to agenda changes made in the other over time.     

The European community software directive: The United Kingdom implementation

Conclusion The Regulations appear to have reinforced the protection available to software producers under United Kingdom law. The provisions of the Software Directive and the Regulations are complex and not without significant inconsistencies which are likely to prove to be a source of litigation. The drafters of the Regulations chose, unlike many of its European partners, not to adopt the wording of the Software Directive but to write their own interpretation, adding an element of uncertainty to the law in this area, which is perhaps inevitable bearing in mind the linguistic problems of translating and interpreting any directive coupled with the ambiguity and omission of definitions of several key terms. More important, however, than any academic argument will be the practical impact of the new law and its effectiveness in achieving its aim.     

Americans and their sexual partners

Andrew M. Greeley is a priest, sociologist, novelist, and journalist. His scholarly writings concentrate on religion and ethnicity. His other writings range from critiques of the Catholic church to best-selling novels.     

On the politics of traditional rulership

Conclusion We have in this paper tried to set out a framework which can facilitate analysis of the current and future situation of traditional rulership in contemporary African society. Our presentation of a proposed model for such an analysis is no doubt still in its elementary stages of formation. Much more work needs to be done. Nevertheless, our analysis has revealed certain salient elements and uncovered certain unresolved issues. If traditional rulers genuinely care about their own future they will have to devise techniques of legitimation which not only endear them to the government and the non-traditional elites, but also, and more importantly, to the mass of the people. True, the original role of the traditional rulers may be no more; still, it may be possible to salvage what is left.