Dane on Choice of Law Provisions & Party Autonomy

Perry Dane (Rutgers, The State University of New Jersey - Rutgers Law School) has posted Party Autonomy and the Challenge of Choice of Law (Philosophical Foundations of Conflict of Laws (Oxford University Press, Roxana Banu, Michael Green, Ralf Michaels, eds., 2022) (Forthcoming)) on SSRN.  Here is the abstract:

A perennial question in choice of law is whether parties to a contract can select the jurisdiction whose law will govern their contract. This so-called “party autonomy” problem is vexing and intriguing, in part because contemporary discussions often overlook in contemporary discussions.

The party autonomy problem is more consequential than most issues in choice of law. But it is also important as a singular window into the intellectual fabric of choice of law and as a leading edge for new and potentially subversive insights.

This essay is a chapter in an Oxford University Press volume on the “Philosophical Foundations of Conflict of Laws.” The essay argues that party autonomy does not have one comprehensive justification, but that it might be justified by a set of distinct if overlapping arguments that point to vital ideas often overlooked in the contemporary conversation. If choice of law doctrine embraces party autonomy, it might be in part because its shapers instinctively and inchoately recognize those considerations.

The most speculative and problematic argument is based on a version of natural law. Another argument relies on an important distinction between what I have called second-order and first-order choice of law. Yet another builds on an effort at a more sophisticated understanding of what it means for persons to be attached (or to attach themselves) to the legitimate governance of a legal system. The last argument is grounded in legal pluralism, though not of the usual sort.

These distinct bases for party autonomy are not only of theoretical interest. They also generate different answers to some of the material subsidiary questions that arise in any doctrinal consideration of party autonomy. That in turn suggests that the doctrine of party autonomy might require more nuance and fine-grained distinctions than most current treatments have given it.

Dancig-Rosenberg & Feldman on Behavioral Ethics & Criminal Law

Hadar Dancig-Rosenberg (UC Berkeley School of Law; Bar-Ilan University) & Yuval Feldman (Bar-Ilan University - Faculty of Law) have posted A Behavioral Ethics Perspective on the Theory of Criminal Law & Punishment on SSRN.  Here is the abstract:

This chapter examines how the field of behavioral ethics – the study of how people make and perceive ethical decisions and behavior – could influence the theory and doctrine of criminal law and criminal punishment. It will do so by exploring a number of contexts in which applying behavioral ethics principles yield normative insights into criminal law and punishment doctrines.

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Foran on Common Law and the Common Good

Foran on Common Law and the Common Good

Michael P. Foran (University of Glasgow) has posted Common Law and The Common Good on SSRN.  Here is the abstract:

This paper will be presented at the festschrift for TRS Allan, a mentor and friend. The last few years have seen a renaissance of thinking about the common good amongst constitutional scholars working within the common law world. Interestingly however, analysis of the common good remains grounded primarily within the classic legal tradition, itself rooted in civilian jurisprudence. The connection between the common good and the common law tradition, particularly common law constitutionalism, remains somewhat underexplored. Drawing on the work of TRS Allan, I hope to bridge some of this divide in emphasis by exploring the role of the common law within the classical natural law tradition. However, I also wish to suggest that neutrality on questions of the good life, a hallmark of Dworkin’s political liberalism, is not sustainable in light of the commitment, embraced by both him and Allan, that law must serve the public good. If law is to be a public asset – a common good – it cannot refuse to take a stand on the flourishing of legal subjects. Indeed, it manifestly does not. To constitute a defensible scheme of justice, law must be justified as a plausible attempt at the common good, intended to improve the lives of its subjects by facilitating their flourishing among a community of moral equals. With this in mind, common good constitutionalism presents a challenge and a rallying cry to anti-positivists, encouraging them to follow through on their commitment to the idea that the rule of law demands good government in the best interests of the governed. To do this, we must think seriously about what those interests require, paying sufficient attention to the specific context and institutional history of our law. Good government cannot be neutral on the quality of the lives of subjects any more than it can be neutral on the nature and scope of fundamental rights.

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Aburabia on Muslim Women in Polygamous Marriage in Israel

Based on empirical evidence from the Shari’a court in Beersheba of the ratification of customary polygamous marriages, the article examines the complexity of legal recognition of second marriages and the structural conditions under which polygamy is possible in the plural legal orders that exist in Israel. Although polygamy is criminally prohibited by the state of Israel, this prohibition is not enforced among the Bedouin in Israel, where 18.5 percent of Bedouin households are polygamous. This article demonstrates how these conditions perpetuate patriarchal norms among the Bedouin under the auspices of colonial legal structures.

Hindi translate 

प्रथागत बहुविवाह के अनुसमर्थन के बेर्शेबा में शरीयत अदालत से अनुभवजन्य साक्ष्य के आधार पर, लेख दूसरे विवाहों की कानूनी मान्यता की जटिलता और संरचनात्मक परिस्थितियों की जांच करता है जिसके तहत बहुविवाह बहुवचन कानूनी आदेशों में संभव है जो इजरायल में मौजूद हैं। हालाँकि बहुविवाह को इज़राइल राज्य द्वारा आपराधिक रूप से प्रतिबंधित किया गया है, यह निषेध इज़राइल में बेडौइन के बीच लागू नहीं है, जहाँ 18.5 प्रतिशत बेडौइन परिवार बहुविवाह हैं। यह लेख दर्शाता है कि कैसे ये स्थितियां औपनिवेशिक कानूनी संरचनाओं के तत्वावधान में बेडौइन के बीच पितृसत्तात्मक मानदंडों को कायम रखती हैं।
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Balganesh on Learned Hand & Copyright

Shyamkrishna Balganesh (Columbia University - Law School) has posted Learned Hand's Copyright Law (Journal of the Copyright Society of U.S.A., Vol. 70, Forthcoming 2023) on SSRN.  Here is the abstract:

Learned Hand is often described as the greatest copyright judge to have ever sat on the bench. By the 1950s, the most important parts of U.S. copyright law had been his creation, all from his time as a judge on the Second Circuit Court of Appeals. Despite all of this, there has been little systematic analysis of Hand’s approach to copyright and of the reasons why his jurisprudence in multiple areas of copyright law have survived the test of time. This Article argues that the longevity, influence and canonical status of Hand’s contributions to copyright are closely tied to his judicial method—best described as that of “empowered incertitude”—which he brought to bear rather directly on the area. Despite being governed by a federal statute, copyright law demands commitments to both judicial creativity and institutional deference. In addition, it requires judges to balance these opposing commitments, which Hand’s judicial method was particularly well-suited to. In the process, Hand developed a rich and nuanced institutional theory of copyright law, which foreshadowed the turn that copyright law would take after his time on the bench. Understanding Hand’s approach to copyright law embodies underappreciated lessons for how judges ought to approach copyright adjudication and lawmaking in the modern context.

Highly recommended.

Hindi translate 

लर्न हैंड को अक्सर बेंच पर बैठने वाले सबसे महान कॉपीराइट जज के रूप में वर्णित किया जाता है। 1950 के दशक तक, यू.एस. कॉपीराइट कानून का सबसे महत्वपूर्ण हिस्सा उनकी रचना थी, जो उनके समय से दूसरे सर्किट कोर्ट ऑफ अपील्स में एक न्यायाधीश के रूप में थी। इन सबके बावजूद, कॉपीराइट के लिए हैंड के दृष्टिकोण का बहुत कम व्यवस्थित विश्लेषण किया गया है और उन कारणों का कि कॉपीराइट कानून के कई क्षेत्रों में उनका न्यायशास्त्र समय की कसौटी पर खरा क्यों उतरा है। इस अनुच्छेद का तर्क है कि कॉपीराइट में हाथ के योगदान की दीर्घायु, प्रभाव और विहित स्थिति उनकी न्यायिक पद्धति से निकटता से जुड़ी हुई है - जिसे "सशक्त अनिश्चितता" के रूप में वर्णित किया गया है - जिसे उन्होंने सीधे क्षेत्र पर सहन करने के लिए लाया। एक संघीय क़ानून द्वारा शासित होने के बावजूद, कॉपीराइट कानून न्यायिक रचनात्मकता और संस्थागत सम्मान दोनों के लिए प्रतिबद्धताओं की मांग करता है। इसके अलावा, इन विरोधी प्रतिबद्धताओं को संतुलित करने के लिए न्यायाधीशों की आवश्यकता होती है, जो हाथ की न्यायिक पद्धति विशेष रूप से उपयुक्त थी। इस प्रक्रिया में, हैंड ने कॉपीराइट कानून का एक समृद्ध और सूक्ष्म संस्थागत सिद्धांत विकसित किया, जिसने उस मोड़ का पूर्वाभास किया जो कॉपीराइट कानून बेंच पर उसके समय के बाद लेगा। कॉपीराइट कानून के लिए हैंड के दृष्टिकोण को समझना, आधुनिक संदर्भ में न्यायाधीशों को कॉपीराइट निर्णय और कानून बनाने के तरीके के बारे में बहुत कम सबक देना चाहिए। अत्यधिक सिफारिशित
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Wang on Cyberflashing

The Law Commission has proposed another offense of cyberflashing to battle the issue of sending spontaneous pictures or recordings of human privates to other people. It appears to be that what the Law Commission has as a main priority isn't blazing essentially, yet digital nakedness. Its proposition neglects to thoroughly assess the sufficiency of existing regulation and neglects to adjust the damage of a criminal conviction against the likely mischief of cyberflashing. It will be contended that the Law Commission appears to have conflated amiss with mischief and that its damage guarantee is upheld simply by episodic proof. By far most of cyberflashing cases, including most Airdropping and Bluetoothing cases, are as of now covered by existing regulation, leaving immaculate just a modest bunch of oddball Airdropping or Bluetoothing situations where the flasher didn't plan to cause misery or uneasiness and the casualty didn't catch up and coming unlawful power. Subsequently, it is contended that this barely custom fitted cyberflashing offense adds very little and that revising existing correspondence offenses or badgering offenses would give more security to casualties as such offenses could apply to an extensive variety of physically bugging content, not simply pictures or recordings of human privates.

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Stablecoin Regulation (know More)

Stablecoins are digital assets that claim to keep their value consistent by referencing other tangible or monetary assets. PpStablecoins are gaining a lot of interest as a brand-new method of producing private money.

From a regulatory perspective, two primary issues have dominated discussion thus far. On the one hand, the possible influence on monetary policy and the payment infrastructure. The need to safeguard investors and society from potentially abusive stablecoin suppliers, on the other hand. Even though it has so far only been mentioned in passing, financial stability is another major problem. More significantly, this paper explains how the governing legal system directly affects financial stability.

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EU Ban on Russian Media (RT And Sputnik)

On March 2 2022, in light of censure and against Western stories encompassing the Russian attack of Ukraine, the Gathering of the European Association lawfully restricted two Russian state-supported news sources, RT and Sputnik, inside EU borders. The choice of the Chamber isolated assessment. While the boycott to be sure restricts the scope of these Russian 'organs of impact', it additionally encroaches on basic common freedoms inside the EU. It is thusly appropriate to investigate if the advantage of forbidding the Kremlin's opposing portrayal merits the penance of obstructing key standards of a majority rules government. How corresponding or vital is the boycott? The ongoing article surveys these inquiries from a mental and legitimate point of view. It contends that while the choice to boycott RT and Sputnik is lawfully strong, the defense for the choice would profit from a more intricate clarification of adjusting off the unique (impacting) principal privileges, not least since the problematic impact of the RT and Sputnik portrayal is disrupted. Additionally, rather than a sweeping boycott, a not so much rigid but rather more nuanced approach could be more suitable, managing the cost of the capacity to fittingly endorse RT and Sputnik while staying corresponding and relieving a potential explosion impact.

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4 Tips for Dealing with the Financial Crises after Getting In A Car Accidents and (How To Prevent Them)

 

4 Tips for Dealing with the Financial Crises after Getting In A Car Accidents and How To Prevent Them

1. Keep Calm and Carry On

Keep calm and carry on is one way to handle the emotional stresses of getting into a car accident. This can be done by taking deep breaths, staying as calm as possible, and thinking about what you need to do next.

2. Stay Positive

Another way to handle the emotional stresses of getting into a car accident is to stay positive. This can be done by telling yourself that it could have been worse or reminding yourself that you are alive and well.

3) Seek Professional Help

Seek professional help is another way to handle the emotional stresses of getting into a car accident. By seeking professional help, this can help you process your feelings and move on.While few people intentionally cause a car accident, the results can be devastating. If you find yourself in this situation, it’s important to process the feelings with help from someone who understands your emotions and what you are going through.

4) Get A Attorney

You may be asking yourself "How can I afford to pay for a lawyer?. There are many ways to get legal representation without breaking the bank. The internet is the best way to find lawyers who can help you with your needs.

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uber car accident lawyer (know more)

 Uber is a car service that provides rides to customers at the push of a button. The company has been in the news recently because of an accident involving one of their drivers.

There was an Uber driver who was involved in an accident with a pedestrian. The pedestrian suffered from serious injuries and had to be hospitalized for quite some time. The driver, on the other hand, had no injuries whatsoever and walked away from the accident unscathed. .Somehow, this driver is still alive.

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motorcycle accident attorney (how to make select one)

 motorcycle accident attorney

A motorcycle accident can be a traumatic experience. It can happen in the blink of an eye and often leaves the victim with serious injuries. A motorcycle accident attorney is someone who will take the time to listen to your story and assess your situation. They will then give you guidance on how to proceed, such as whether or not you should file a claim for compensation. or file a personal injury lawsuit.A motorcycle accident payout from a personal injury lawsuit will give you the time and resources to focus on recovery. If you have lost your job due to injuries sustained in the accident, this amount will help to rebuild your life

The law is becoming more accessible with the help of attorney services. They can be a valuable asset for individuals seeking compensation. With the help of an attorney, one may file a claim for just about any type of loss including medical bills, property damage, and more.

 without stress. A motorcycle accident attorney can be helpful in filing a claim for compensation for any losses .A motorcycle accident lawyer can be an invaluable resource in helping to save money and time. There is no need for a victim of a motorcycle accident to hire an attorney, but one may wish to consult one in certain situations. A motorcycle attorney can help with getting the best settlement possible for a case, as well as clearing up any legal questions that arise from the accident

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