This paper presents the results of a pioneering venture into opening up the black box of the EU judicial process and determining how the European Court of Justice and national courts work together. The project investigates the effects of certain independent variables legal system experience, issue transparency and compliance upon courts’ decisions to maneuver strategically within the referral p...

Quebec is unique in Canada not only for its language and culture but also for its legal system. Unlike the other Canadian provinces which are based on the British common law tradition, the roots of Quebec’s private law are based on the civil law and Napoleonic Code1 from France. The common law influence has penetrated into the Quebec legal system, making it distinctive, influenced both by the c...

Can the conception of a child ever constitute damage recoverable in law? This article considers the liability of healthcare practitioners for failing to prevent a pregnancy. Developments leading to the recognition of wrongful pregnancy as a cause of (legal) action in South Africa (SA), are briefly outlined. The salient points of the relevant judgments by SA courts are set out to expose the rati...

The reasons for judicial mistrust of the drug courier profile are numerous and, I believe, compelling. Because many of the profile characteristics (e.g. nervousness, arrival from a source city, little or no luggage, cash purchase of ticket) are equally applicable to innocent persons, use of the profile by reviewing courts could lead to approval of wholesale seizures of innocent citizens by poli...

The creation of the first drug treatment courts were in response to the revolving door of drug use and recidivism. There was no theoretical basis for these courts and no universal support for them. Twelve years have brought incredible changes. Therapeutic jurisprudence says, in essence, whether intended or not, that legal rules and procedures have therapeutic effects. Drug treatment courts have...

The purpose of this paper is to review the historical basis for the substantial differences which exist between the two main systems of law (common law and civil law) in the reception of forensic medical and scientific evidence by courts of law, and in the medico-legal investigation of sudden deaths in the community. The historical reasons for these differences are explained, and the relevant m...

the patents’ term prolongation through protecting the new detected uses is the problematic matter that has been seriously attended by the developed countries in recent years. iranian legislators’ uncertainty toward the subject within the respective legislatures illustrates the legal importance of taking a stance, which is consistent with the primary principles of patent law and international ob...