Compelling Medical Examinations of Litigants: A Comparative Analysis

1986 ◽  
Vol 21 (2) ◽  
pp. 142-164
Author(s):  
Stephen Goldstein
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Other ◽  
Bodily Integrity ◽  
The One ◽  
The Right ◽  
Medical Examinations

Compelling litigants to undergo medical examinations or tests raises a very clear problem of conflicting values. On the one hand, compelling any person to undergo a physical examination or test against his will is a clear impingement on his rights of liberty, privacy and bodily integrity. On the other hand, there are situations in which without such examinations or tests of a civil litigant the right of his adversary to fair and properly conducted litigation would be frustrated.In this article, we will discuss how four different legal systems have attempted to balance these conflicting rights in their development of rules concerning such medical examinations. We will discuss rather fully three systems that are viewed as following common law procedure – namely, those of England, the United States and Israel – and compare them with that of Italy, as an example of the Romanist civil law countries.

Considering Precedent in Louisiana: Balancing the Value of Predictable and Certain Interpretation with the Tradition of Flexibility and Adaptability

2013 ◽  
pp. 1-19
Author(s):  
Mary Garvey Algero
Keyword(s):  
United States ◽  
New York ◽  
Common Law ◽  
New York State ◽  
Civil Law ◽  
The United States ◽  
Stare Decisis ◽  
The Common ◽  
Judicial Opinions ◽  
The Right

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.

The Pan-American Mass, 1909–1914: A Rejected Contribution to Thanksgiving Day

1982 ◽  
Vol 51 (3) ◽  
pp. 321-333
Author(s):  
James F. Vivian
Keyword(s):  
United States ◽  
Latin American ◽  
The United States ◽  
The Other ◽  
Woodrow Wilson ◽  
Pan American ◽  
The One ◽  
The Right ◽  
Cultural Extension ◽  
Political Question

The Right Reverend Monsignor William T. Russell, pastor of Saint Patrick's Church in Washington, D.C., since 1908 and reputedly one of the finest preachers in the country, agreed to an unusual interview during the spring of 1912. Five other clergy, including a rabbi, likewise participated in separate sessions with the same Protestant minister. The resulting six semiautobiographical accounts appeared as a weekly series in Collier's magazine at midyear. Unlike the companion pieces, however, the article devoted to Msgr. Russell appeared at a particularly timely moment. On the one hand, the Pan-American Thanksgiving Day celebration, although just three years old, seemed well on the way toward becoming an annual observance that neither the president of the United States nor the Latin American diplomatic contingent could slight idly. Yet, on the other hand, the article heralded a major Protestant protest that would call the entire basis of the celebration into public and even political question. Upon assuming the presidency in 1913, an unsuspecting Woodrow Wilson would find himself inadvertently drawn into an interdenominational dispute over the special Catholic service. Embarrassed to the point of privately admitting a clumsy mistake, Wilson eventually yielded to the critics and finally withdrew his support from an implied experiment in the cultural extension of a famous holiday.

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test).  This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test).  This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

scholarly journals Publicity exploitation of celebrities: protection of a star's style in Quebec civil law

2005 ◽  
Vol 32 (2) ◽  
pp. 301-340
Author(s):  
Susan H. Abramovitch
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Property Right ◽  
Intellectual Property Right ◽  
The Right

The use of celebrity imagery, or style, in advertising has become prevalent in recent times. Occasionally advertisers have used photographs of celebrities without having first obtained their consent. The author examines the possible legal bases existing in Quebec civil law which may serve to protect the celebrity against such non-consesual use of his or her picture, drawing on the experience of France, common law in Canada and the United States. Concluding that the right to style is an intellectual property right, the author applies this basis to other instances of style appropriation : the use of voice, sound-alikes, look-alikes and typical expressions.

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test). This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test). This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

Can India Balance China in Asia?

2017 ◽  
Author(s):  
Jonathan Holslag
Keyword(s):  
United States ◽  
Central Asia ◽  
Economic Reforms ◽  
The United States ◽  
The Other ◽  
Military Power ◽  
Regional Power ◽  
Political Fragmentation ◽  
Strong Interest ◽  
The One

The chapter argues that India has a strong interest to balance China and that the two Asian giants will not be able grow together without conflict. However, India will not be able to balance China’s rise. The chapter argues that India remains stuck between nonalignment and nonperformance. On the one hand, it resists the prospect of a new coalition that balances China from the maritime fringes of Eurasia, especially if that coalition is led by the United States. On the other hand, it has failed to strengthen its own capabilities. Its military power lags behind China’s, its efforts to reach out to both East and Central Asia have ended in disappointment, and its economic reforms have gone nowhere. As a result of that economic underachievement, India finds itself also torn between emotional nationalism and paralyzing political fragmentation, which, in turn, will further complicate its role as a regional power.

Counting on Relief: Industrializing the Statistical Interviewer during the New Deal

2011 ◽  
Vol 24 (2) ◽  
pp. 281-310 ◽  
Author(s):  
Emmanuel Didier
Keyword(s):  
United States ◽  
New Deal ◽  
White Collar ◽  
The United States ◽  
The Other ◽  
Other Hand ◽  
White Collar Workers ◽  
Statistical Studies ◽  
The One ◽  
The New Deal

ArgumentWhen the New Deal administration attained power in the United States, it was confronted with two different problems that could be linked to one another. On the one hand, there was a huge problem of unemployment, affecting everybody including the white-collar workers. And, on the other hand, the administration suffered from a very serious lack of data to illuminate its politics. One idea that came out of this situation was to use the abundant unemployed white-collar workers as enumerators of statistical studies. This paper describes this experiment, shows how it paradoxically affected the professionalization of statistics, and explains why it did not affect expert democracy despite its Deweysian participationist aspect.

Immigrant Transnationalism in Europe and the United States

2006 ◽  
Vol 27 (1) ◽  
pp. 51-59
Author(s):  
Riva Kastoryano ◽  
Alejandro Portes
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
The One

Pascal Delisle (American Center in Sciences Po Director): Professor Kastoryano and Professor Portes, your respective studies invite to a comparison between the situations of the United States on the one hand, and of Europe on the other.

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