scholarly journals Argumentacja historyczno-prawna w orzecznictwie Izby Lordów przełomu XX i XXI wieku na przykładzie nawiązań do sprawy Moses v. MacFerlan z 1760 roku

2015 ◽  
Vol 8 (2) ◽  
pp. 199-214
Author(s):  
Jan Halberda ◽  

Arguments of a Legal Historical Nature as Found in Judicial Decisions Taken by the House of Lords at the Turn of the 21st Century and Illustrated by References to the Case Moses v. MacFerlan 1760 Through an analysis of cases of unjust enrichment (law of restitution), and investigation of the lines along which the judges invoked the landmark case of Moses v. MacFerlan (1760), the author of the paper discusses the role played by legal history in disputes carried on in the House of Lords. After elaborating the details of the aforementioned case (2), he presents the doctrine of implied contract that prevailed in the 19th century (3), and discusses the opinions of the Lords articulated at the turn of the twenty-first century on the occasion of their discussing the meaning of the principle of unjust enrichment (4a). Likewise he discusses the introduction into English law of the change of position defense (4b), and comments on court decisions on interest (4c). Finally, the author investigates references to legal history as made in order to justify the overruling of precedent (5).

Public Voices ◽  
2016 ◽  
Vol 13 (1) ◽  
pp. 58
Author(s):  
Mordecai Lee

As a reform movement and an academic discipline, American public administrationgenerally coalesced during the Progressive era (1890-1920). Progressive reforms for the public sector seeped deeply into the DNA of the field, including separation of civil servants from politics, reliance on expertise, fewer elected offices, and public reporting of agency activities. However, not all of the governmental reforms proposed during this era were enacted. One of the most controversial and least known was Theodore Roosevelt’s proposal in 1912 that the voters be able to have a referendum on major court decisions, permitting them to overturn those decisions. His idea was only enacted in Colorado, where it remained on the books until 1921. This article reviews the original concept and its history in Colorado.


Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 73
Author(s):  
John R Phillips

The author, a recent graduate of the Doctor in Public Administration program, shares his thoughts about what it means to study public administration in the twenty-first century. He hopes his insights, born out of more than a forty year-long career in the field—decades of work in colleges and universities as a faculty member, dean, provost, vicepresident, and acting president, as well as his extensive experience in teaching public administration at the graduate and undergraduate levels—will help doctoral students in their academic pursuits. More specifically, he hopes that his remarks will make Ph.D. students think more deeply about the promise of their endeavors and, on the other hand, give them advance warning about perils of the process and ways to avoid them.


Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.


HNO ◽  
2021 ◽  
Vol 69 (5) ◽  
pp. 338-365
Author(s):  
Albert Mudry ◽  
Robert Mlynski ◽  
Burkhard Kramp

AbstractIn 2021, the German Society of Otorhinolaryngology, Head and Neck Surgery is celebrating the 100th anniversary of its foundation. The aim of this article is to present the main inventions and progress made in Germany before 1921, the date the society was founded. Three chronological periods are discernible: the history of otorhinolaryngology (ORL) in Germany until the beginning of the 19th century, focusing mainly on the development of scattered knowledge; the birth of the sub-specialties otology, laryngology (pharyngo-laryngology and endoscopy), and rhinology in the 19th century, combining advances in knowledge and implementation of academic structures; and the creation of the ORL specialty at the turn of the 20th century, mainly concentrating on academic organization and expansion. This period was crucial and allowed for the foundation of the German Society of Otorhinolaryngology, Head and Neck Surgery on solid ground. Germany played an important role in the development and progress of ORL internationally in the 19th century with such great contributors as Anton von Tröltsch, Hermann Schwartze, Otto Körner, Rudolf Voltolini, and Gustav Killian to mention a few.


2020 ◽  
Vol 12 (24) ◽  
pp. 10366
Author(s):  
Juan Carlos González-Salamanca ◽  
Olga Lucía Agudelo ◽  
Jesús Salinas

Skills needed to be successful in the world have changed, and there is a gap between those learned at school and those required to function at work and in society. A broader range of skills is required to learn, communicate, collaborate, and solve problems in digital environments. Twenty-first century skills have been identified by UNESCO, OECD, and others as competences required for a sustainable future of the knowledge society. The aim was to learn the design principles involved in the incorporation of these skills into the curriculum, find out possible ways to teach and assess them, and examine how this process could be personalized using Information and Communications Technology (ICT). A literature review was carried out through a qualitative metasynthesis, which identified 43 studies that met the inclusion criteria. From the in-depth analysis, it can be seen that although the incorporation of 21st century skills into the curriculum, teaching methodologies, and the use of ICT are all recurrent themes, there is still a need for further research into the design and implementation of new instruments for assessment and the ways in which the teaching–learning process can be personalized.


2015 ◽  
Vol 27 (02) ◽  
pp. 1630001 ◽  
Author(s):  
Dietrich Stauffer

Capital usually leads to income and income is more accurately and easily measured. Thus, we summarize income distributions in USA, Germany, etc.


2006 ◽  
Vol 1 (4) ◽  
pp. 279-282 ◽  
Author(s):  
A. R. Champneys

This paper represents the author’s view on the impact of the book Nonlinear Oscillations, Dynamical Systems and Bifurcations of Vector Fields by John Guckenheimer and Philip Holmes, first published in 1983 (Springer-Verlag, Berlin). In particular, the questions addressed are: if one were to write a similar book for the 21st century, which topics should be contained and what form should the book take in order to have a similar impact on the modern generation of young researchers in applied dynamical systems?


2021 ◽  
Vol 10 (2) ◽  
pp. 298
Author(s):  
Lorenzo Ridola ◽  
Oliviero Riggio

Why write about hepatic encephalopathy (HE) in the twenty-first century [...]


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