Academic literature on the topic 'Common law'

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Journal articles on the topic "Common law"

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Goodrich, Peter. "Eating law: Commons, common land, common law." Journal of Legal History 12, no. 3 (1991): 246–67. http://dx.doi.org/10.1080/01440369108531041.

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De Maria, William. "Common law – common mistakes?" International Journal of Public Sector Management 19, no. 7 (2006): 643–58. http://dx.doi.org/10.1108/09513550610704671.

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Glenn, H. Patrick. "Common Law." McGill Law Journal 66, no. 1 (2020): 19. http://dx.doi.org/10.7202/1082032ar.

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LOBBAN, MICHAEL. "Common Law and Common Sense." Ratio Juris 21, no. 4 (2008): 541–46. http://dx.doi.org/10.1111/j.1467-9337.2008.00406.x.

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Šite, Damir. "Common Law legal norm." Strani pravni zivot, no. 1 (2021): 15–29. http://dx.doi.org/10.5937/spz65-26843.

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In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a bindi
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Yip, Man, and Yihan Goh. "Convergence between Australian common law and English common law." Common Law World Review 46, no. 1 (2017): 61–68. http://dx.doi.org/10.1177/1473779516682445.

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Ibbetson, D. J. "Natural Law and Common Law." Edinburgh Law Review 5, no. 1 (2001): 4–20. http://dx.doi.org/10.3366/elr.2001.5.1.4.

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If you scan through the law reports ofthe last century or so, you will come across a sprinkling of references to Natural Law, commonly in conjunction with some such phrase as “manifest nonsense”.1 Introductory books dealing with the sources of law hardly place it in the forefront of their treatment, to say the least; and anyone writing a practitioners' manual on some practically useful area of law who began with a chapter on Natural Law would be thought to have taken leave of his senses. Go back two or three hundred years or so and the picture looks very different. References to the law of nat
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Schauer, Frederick, and Melvin A. Eisenberg. "Is the Common Law Law?" California Law Review 77, no. 2 (1989): 455. http://dx.doi.org/10.2307/3480610.

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Sheridan, Benjamin. "A Common Law Perspective on Space Law Methodology." Space Court Foundation Student Space Law Journal 1, no. 1 (2025): 11–16. https://doi.org/10.5281/zenodo.15487980.

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Common law is more than just the legal system that pervades much of the English-speaking world. It is a unique method of forming and applying law. Increasingly, the development of space law is shifting towards a civil law approach. Such a tendency has the dangerous potential to stifle the development of high-quality space law. This paper presents a common law perspective on the development of space law. In the first part, it demonstrates the civil law orthodoxy that exists in space law. In the second part, it sets out the distinctive structural features of the common law and demonstrates how t
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Bradley, D. "Comparative Law, Family Law and Common Law." Oxford Journal of Legal Studies 23, no. 1 (2003): 127–46. http://dx.doi.org/10.1093/ojls/23.1.127.

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Dissertations / Theses on the topic "Common law"

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Laurindo, Marja Mangili. "Entre common law e civil law." reponame:Repositório Institucional da UFSC, 2017. https://repositorio.ufsc.br/xmlui/handle/123456789/179920.

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Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas, Programa de Pós-Graduação em Direito, Florianópolis, 2017.<br>Made available in DSpace on 2017-10-03T04:21:46Z (GMT). No. of bitstreams: 1 348552.pdf: 14136770 bytes, checksum: 8b8b640521518567f41d5a953f437668 (MD5) Previous issue date: 2017<br>Esta dissertação objetiva compreender as condições socioeconômicas em que se dão e as implicações das transformações do direito brasileiro no que se refere à adoção de procedimentos comuns à tradição estrangeira da common law. Disso, se obteve que, em um cen
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Fox, David Murray. "Tracing money at common law." Thesis, University of Cambridge, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361717.

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Juratowich, Ben. "Retroactivity and the common law." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439764.

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Moreham, Nicole Anna. "Privacy and the common law." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.615821.

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Caenegem, Raoul C. Van. "El common law es diferente." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118546.

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Ong, Burton T. E. "Competition law and the common law of unfair competition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.

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Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising
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Bennett, Thomas Daniel Cynvelin. "Imagining privacy in the common law : overcoming the barriers to a common law tort of intrusion." Thesis, Durham University, 2018. http://etheses.dur.ac.uk/12523/.

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This thesis is concerned with the relevance of imagination to the task of judicial elaboration of the common law. It brings this issue into focus by concentrating its analysis on the “intrusion lacuna” in domestic tort law’s protection of privacy interests. The thesis proposes that this lacuna, whereby the common law lacks a tort of intrusion into privacy, can be explained by identifying two “barriers” to the adoption of such a tort. A “formal” barrier inhibits development by causing the courts to believe that the development of a novel privacy tort would amount to an illegitimate exercise in
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Landskron, Rolf. "Common-law and civil-law legal families : a misleading categorisation." ePublications@bond, 2008. http://epublications.bond.edu.au/theses/landskron.

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This thesis examines common-law and civil-law jurisdictions in order to find differences between them. These differences are then being qualified as either relevant or irrelevant for the categorisation of individual jurisdictions. This reflects the argument that only features occurring in only one of the legal families can be relevant when categorising jurisdictions. Only such features can be, from the author’s point of view, specific and typical for their legal family and inherent features of them.The first thing to be considered under this premise is the respective sources of law (Chapter 1)
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Perrin, Benjamin. "An emerging international criminal law tradition : gaps in applicable law and transnational common laws." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101824.

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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition.<br>International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international la
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Brown, C. W. "A common law of international adjudication." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596968.

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This dissertation examines aspects of procedure and remedies in the jurisprudence of international courts and tribunals. The dissertation’s central thesis is that there is increasing similarity in the application of procedure and remedies by international courts, and that this represents the emergence of a ‘common law of international adjudication’. The emerging common law of international adjudication owes its existence in part to the broad powers that international courts can exercise over their procedure and remedies. These powers encompass not only those which are expressly conferred on th
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Books on the topic "Common law"

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D'Amico, Pietro. Common law. G. Giappichelli, 2005.

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Bersier, Nicoletta, Christoph Bezemek, and Frederick Schauer, eds. Common Law – Civil Law. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-87718-7.

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Bullier, Antoine J. La common law. 2nd ed. Dalloz, 2007.

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Small, Jane. Living common law. 2nd ed. Public Legal Education Program, Legal Services Society of B.C., 1985.

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Edlin, Douglas E., ed. Common Law Theory. Cambridge University Press, 2007. http://dx.doi.org/10.1017/cbo9780511551116.

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Schweich, Tom, and Holmes Oliver Wendell Jr. Common Law. Barnes & Noble, Incorporated, 2009.

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Holmes, Jr. Common Law. Lawbook Exchange, Limited, The, 2010.

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Common Law. Little Brown & Company, 2008.

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Jr, Holmes Oliver Wendell. Common Law. Dover Publications, Incorporated, 2013.

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Sr, Holmes Oliver Wendell. Common Law. Dover Publications, Incorporated, 2013.

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Book chapters on the topic "Common law"

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Linhart, Karin, and Roger Fabry. "Common Law." In Handbuch Rechtsphilosophie. J.B. Metzler, 2017. http://dx.doi.org/10.1007/978-3-476-05309-1_6.

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Atiyah, P. S. "Common Law." In The World of Economics. Palgrave Macmillan UK, 1991. http://dx.doi.org/10.1007/978-1-349-21315-3_11.

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Vester, Horatio, and Anthony H. Gardner. "Common Law." In Trade Unions and the Law. Routledge, 2022. http://dx.doi.org/10.4324/9781003350446-5.

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Atiyah, P. S. "Common Law." In The New Palgrave Dictionary of Economics. Palgrave Macmillan UK, 2018. http://dx.doi.org/10.1057/978-1-349-95189-5_594.

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Atiyah, P. S. "Common Law." In The New Palgrave Dictionary of Economics. Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1057/978-1-349-95121-5_594-1.

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Linhart, Karin, and Roger Fabry. "Common Law." In Handbuch Rechtsphilosophie. J.B. Metzler, 2021. http://dx.doi.org/10.1007/978-3-476-05639-9_6.

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Atiyah, P. S. "Common Law." In The Invisible Hand. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-20313-0_6.

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Arbuthnott, Hugh, and Geoffrey Edwards. "Community Law." In A Common Man’s Guide to the Common Market. Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-19785-9_4.

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Simpson, A. W. Brian. "English Common Law." In The New Palgrave Dictionary of Economics and the Law. Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_138.

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Costantini, Cristina. "Common Law System." In Encyclopedia of Law and Economics. Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_592.

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Conference papers on the topic "Common law"

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De Maestri, Maria Elena, and Mario Barbano. "Space Sustainability as a Common Concern." In IISL Colloquium on the Law of Outer Space, Held at the 75th International Astronautical Congress (IAC 2024). International Astronautical Federation (IAF), 2024. https://doi.org/10.52202/078384-0075.

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Zhang, Tao, and Jie Long. "A Global Regime for the Moon Development and Exploitation: Towards Promoting the Common Interests of Humanity." In IISL Colloquium on the Law of Outer Space, Held at the 75th International Astronautical Congress (IAC 2024). International Astronautical Federation (IAF), 2024. https://doi.org/10.52202/078384-0062.

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Laliwala, Chris A., Oluwamayowa O. Amusat, and Ana I. Torres. "An Optimization-Based Law of Mass Action Precipitation/Dissolution Model." In The 35th European Symposium on Computer Aided Process Engineering. PSE Press, 2025. https://doi.org/10.69997/sct.132742.

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Rare earth elements (REE) and many other critical minerals are necessary for the manufacturing of modern everyday technologies, including microchips, batteries and electric motors. Recovery of these materials typically involves aqueous systems which can be modeled as chemical equilibrium problems. One common method for solving these problems is the law of mass action approach (LMA), where a system of non-linear equations involving the equilibrium constants is solved. However, despite being theoretically simple, these problems are in practice very difficult to solve. Currently, the use of itera
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Ion, Gabriel Florinel, and Andreea Elena Matic. "WOMEN'S INHERITANCE RIGHTS: A COMPARATIVE STUDY BETWEEN BIBLICAL AND EUROPEAN CONTEXTS." In 11th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2024. SGEM WORLD SCIENCE, 2024. https://doi.org/10.35603/sws.iscss.2024/s02/23.

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Women�s inheritance rights in biblical and European contexts are complex topics that have been extensively studied by scholars in various fields such as history, theology, and social studies. In both contexts, women�s inheritance rights were influenced by cultural norms, religious beliefs and legal systems. Biblically, women�s inheritance rights are emphasized in the Old Testament, especially in the laws of Moses found in books such as Deuteronomy and Numbers. These laws provide clear guidelines for the distribution of property among family members, including daughters. However, interpretation
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Cerisano, Leonardo, and Giulia Pascuzzi. "Common the Good, Collective the Responsibility: The Article 48 of the ARSIWA and the Protection of the Outer Space Environment." In IISL Colloquium on the Law of Outer Space, Held at the 75th International Astronautical Congress (IAC 2024). International Astronautical Federation (IAF), 2024. https://doi.org/10.52202/078384-0011.

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Ghasemi, Jabber, and Narges Mahmoudi. "The application of IoT devices in evidence collection and preservation In legal investigations In the common law legal system of Western countries." In 2024 11th International Symposium on Telecommunications (IST). IEEE, 2024. https://doi.org/10.1109/ist64061.2024.10843627.

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O’Donnell, Declan J. "Astro Law as Common Law Extended into the Outer Sp..." In 56th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. American Institute of Aeronautics and Astronautics, 2005. http://dx.doi.org/10.2514/6.iac-05-e6.4.03.

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Cahyono, Akhmad Budi. "Implementation of Common Law Doctrine in Indonesian Law of Obligation." In 3rd International Conference on Law and Governance (ICLAVE 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200321.041.

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Hartline, Jason D., Daniel W. Linna, Liren Shan, and Alex Tang. "Algorithmic Learning Foundations for Common Law." In CSLAW '22: Symposium on Computer Science and Law. ACM, 2022. http://dx.doi.org/10.1145/3511265.3550438.

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BURROWS, J. "COMMON LAW COMPENSATION FOR INDUSTRIAL DEAFNESS." In EuroNoise '92. Institute of Acoustics, 2024. http://dx.doi.org/10.25144/20782.

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Reports on the topic "Common law"

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Breton, Laurence, and Margo Hilbrecht. The Rights of Common-Law Partners in Canada. The Vanier Institute of the Family, 2023. http://dx.doi.org/10.61959/t210318a.

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This report provides an in-depth look at the legal landscape surrounding common-law partnerships in Canada. The recognition and rights afforded to people in common-law relationships depend primarily upon the provincial or territorial jurisdiction. An array of scenarios such as health care decisions, property division upon separation, spousal support claims, inheritance rights, and special considerations for couples living on reserve contribute to the intricate tapestry of legal rights in these relationships. A closer look at the provincial and territorial processes of establishing health care
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Mathieu, Sophie, and Nathan Battams. Facts and Stats: Married and Common-Law Couples in Canada. The Vanier Institute of the Family, 2023. http://dx.doi.org/10.61959/m230605x.

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Fernandes, Fátima Regina. The Royal Justice and the Common Law in the Portuguese Medieval Legislation. Edicions de la Universitat de Lleida, 2023. http://dx.doi.org/10.21001/itma.2023.16.11.

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Mogollón Anaya, Nuby, Liliana Rebeca Anaya Caraballo, and David José Hernández Hoyos. Law and Dogmatics: Practical Applications. Ediciones Universidad Cooperativa de Colombia, 2023. https://doi.org/10.16925/gcnc.85.

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In this class note, the aim is to clarify the content and practical applications of the subject of legal dogmatics. It will delve deeply into matters concerning its conceptualization, epistemological nature, empiricism, and rationality. Legal dogmatics will be studied as a legal science, establishing its relationship with other sciences. Different sources of law will be analyzed, as well as the concept and structure of legal norms. A conceptual characterization of legal systems will be developed, including normative hierarchy. Finally, a thorough exploration of the legal order within the Colom
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Konijnenburg, Jan. Certification Approaches for Weigh-In-Motion Systems in Law Enforcement Applications. National Institute of Standards and Technology, 2024. http://dx.doi.org/10.6028/nist.sp.2200-05.

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Every day, overweight and excessively heavy vehicles cause damage to roads, bridges, and other vehicle-based infrastructure. To protect the vital transportation infrastructure for the U.S., states have imposed weight limits for commercial and fleet transport vehicles. A common way for enforcing these weight limits is to guide trucks off the road to weigh stations where the vehicles can be weighed using static truck scales. A disadvantage of these dedicated weigh stations is that they take up a substantial amount of space (which is not always available) and time to conduct weighments, as well a
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Minnich, Loren, Katrice Lippa, Tanvi Pandya, and James Willis. Certification approaches for weigh-in-motion systems in law enforcement applications. National Institute of Standards and Technology (U.S.), 2024. http://dx.doi.org/10.6028/nist.sp.2200-5.

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Every day, overweight and excessively heavy vehicles cause damage to roads, bridges, and other vehicle-based infrastructure. To protect this vital transportation infrastructure for the U.S., states have imposed weight limits for commercial and fleet transport vehicles. A common way for enforcing these weight limits is to guide trucks off the road to weigh stations where the vehicles can be weighed using static truck scales. A disadvantage of these dedicated weigh stations is that they take up a substantial amount of space (which is not always available) and time to conduct weighments, as well
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Bruun, Laura, Marta Bo, and Netta Goussac. Compliance with International Humanitarian Law in the Development and Use of Autonomous Weapon Systems: What does IHL Permit, Prohibit and Require? Stockholm International Peace Research Institute, 2023. http://dx.doi.org/10.55163/dfxr3984.

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It is undisputed that the development and use of autonomous weapon systems (AWS) must comply with international humanitarian law (IHL). However, how IHL rules should be interpreted and applied in the context of AWS remains, in some respects, unclear or disputed. With a particular focus on human–machine interaction, this report aims to facilitate a deeper understanding of this issue. Informed by an in-person expert workshop that SIPRI convened in November 2022 and contributions to the international policy discussion on AWS, the report maps areas of common ground and identifies aspects that warr
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Anaya Caraballo, Liliana, Nuby Mogollón Anaya, and Enrique Carlos Urzola Mestra. Criminal Procedure: Practical Applications. Ediciones Universidad Cooperativa de Colombia, 2023. https://doi.org/10.16925/gcnc.86.

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This class note aims to clarify the content and practical applications of the Criminal Procedure subject, and it will delve into matters related to its conceptualization, the importance of understanding the basic concepts of criminal law, criminal offenses, and their consequences. The theoretical part of criminal procedure, the fundamental principles of procedural criminal law, and their relationship with other areas of law will be analyzed. A conceptual characterization of the penal system, the normative hierarchy, and a detailed overview of the legal order in the Colombian penal regime will
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Siampakou, Niki. Victims of Terrorism and Reparation: Applying the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation. ICCT, 2023. http://dx.doi.org/10.19165/2023.2.09.

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While victims of terrorism undergo significant harm, there is currently no specific legal framework addressing their right to reparation. Certain regional provisions focus on establishing compensation funds under national law but do not explicitly acknowledge an existing right to reparation which includes restitution, compensation, rehabilitation, satisfaction, and guarantees of non repetition. To fill this gap, this Policy Brief argues that the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serio
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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to heal
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