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Advanced Search Results For "CLAUSES (Law)"

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 "CLAUSES (Law)"
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Determining the applicable law to the arbitration agreement in the absence of a choice of law clause under Hong Kong Law: a call for renewed internationalism.

Publication Type: Academic Journal

Source(s): Arbitration International. Mar-Jun2022, Vol. 38 Issue 1/2, p43-57. 15p.

Authors:

Abstract: The courts of Hong Kong have determined the governing law of the underlying contract to indicate an express, implied and no choice of the law applicable to the arbitration agreement. In determining the applicable law, the courts made no references to t...

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History Is Not Destiny: Colonial Compensation Litigation and South Korea–Japan Relations.

Publication Type: Academic Journal

Source(s): Journal of Asian Studies; Aug2022, Vol. 81 Issue 3, p475-491, 17p

Abstract: Copyright of Journal of Asian Studies is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may pri...

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The notwithstanding clause: Legislatures, courts, and the electorate.

Publication Type: Academic Journal

Source(s): University of Toronto Law Journal; Spring2022, Vol. 72 Issue 2, p189-215, 27p

Abstract: Copyright of University of Toronto Law Journal is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, use...

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Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England, Singapore, and Malaysia.

Publication Type: Academic Journal

Source(s): Liverpool Law Review; Aug2022, Vol. 43 Issue 2, p451-475, 25p

Abstract: Copyright of Liverpool Law Review is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, o...

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MULTI-TIERED CLAUSES AND ADVANCE PRODUCTION OF EVIDENCE: ANALYSIS OF ITS LAWFULNESS IN THE DOMAIN OF EVIDENCE LAW

Publication Type: Academic Journal

Source(s): Revista Eletrônica de Direito Processual, Vol 22, Iss 2, Pp 364-391 (2021)

Abstract: The present article aims to analyze the advance production of evidence in the system of Civil Procedure Code, with law tools such as the procedural conventions, through the multi-tiered clauses. Therefore, relevant procedural measures are presented, wh...

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Assessing Aspirations: Factors Influencing Modern Effects of State Aspirational Clauses in the German and Japanese Constitutions.

Publication Type: Academic Journal

Source(s): Virginia Journal of International Law. 2022, Vol. 62 Issue 3, p623-658. 36p.

Authors:

Abstract: Constitutions sometimes feature clauses listing abstract national goals with little or vague direction on how the nation should achieve these aims. These so-called "aspirational clauses" present an interesting situation where a text is adopted by draft...

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THE SUSPENSION CLAUSE AFTER DEPARTMENT OF HOMELAND SECURITY V. THURAISSIGIAM.

Publication Type: Academic Journal

Source(s): St. John's Law Review. Summer2022, Vol. 95 Issue 2, p379-447. 69p.

Authors:

Abstract: The article focuses on the U.S. Supreme Court case Department of Homeland Security v. Thuraissigiam. Topics mentioned include the rejection of the Supreme Court of a constitutional challenge to the decision of the Congress to remove habeas corpus juris...

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Lex commissoria: from a Forbidden Clause in Roman Law to a (Contemporary) Debtor's Welcome Relief.

Publication Type: Academic Journal

Source(s): Journal on European History of Law. 2021, Vol. 12 Issue 2, p96-105. 10p.

Authors:

Abstract: The lex commissoria, an agreement under which the creditor assumes ownership of the pledged property if the debtor defaults, was prohibited in the post-classical period of Roman law by the constitution of Constantine in the CTh 3,2,1 (CI 8,34,3). This ...

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SUNSETS ARE FOR SUCKERS: AN EXPERIMENTAL TEST OF SUNSET CLAUSES.

Publication Type: Academic Journal

Source(s): Harvard Journal on Legislation. Winter2022, Vol. 59 Issue 1, p101-144. 44p.

Abstract: Some have suggested that including sunset clauses in legislation makes laws easier to pass, in part because sunsets may facilitate bipartisan compromise. We use a randomized experiment to assess whether sunset clauses actually change people's support f...

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