• The Open Law Journal

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The Open Law Journal, is an Open Access online journal which publishes original research articles, reviews and short articles in all areas of United States Federal and State law, and International law.

The Open Law Journal, a peer reviewed journal, aims to provide the most complete and reliable source of information on current developments in the field. The journal will serve as a forum for research and ideas by leading professors, judges, practitioners, and students of law. The emphasis will be on publishing quality articles rapidly and freely available worldwide.

Latest documents

  • Environmentalism in Today's Eastern Europe

    Civic control in environmental matters is an existential need of a well-functioning democracy. Green parties often emerge from civil society movements, though they lose their civic nature on entering parliament. Axiologically, objective environmental values should be protected by political parties, whilst both objective and subjective environmental values are represented by civil society organizations. The evolution of green movements in Western Europe and Northern America differs considerably from that of environmentalism in European communist and post-communist countries.

  • The Role of Eyewitness Testimony in Exonerations: An Archival Study

    This paper deals with two issues related to exoneration cases: On the one hand, it examines the relative number of lineups used as the method of identification that resulted in mistaken identifications and false convictions. On the other, it compares eyewitness error as a cause of false convictions with other common causes. The original intent of the study was to concentrate only on the first topic. After defining some of the terms used in this paper, we will first outline our interest in the first issue, and then explain the widened focus of the paper.

  • Conflicts of Interest and the Importance of the Organizational Variable: A Comparison Among Canada, the United States and Mexico

    The aim of this document is to advance our understanding of the costs and perils faced by any country when looking for tackling real and possible conflict of interests among public officials. In effect, there are regulatory, organizational, and institutional difficulties and costs related with the implementation of reforms aimed to combat or prevent real and potential conflicts of interest. This discussion is vitally important above all to developing countries such as Mexico given that the effectiveness, cost and impact of this tool up until now applied to different countries has achieved rather heterogeneous results. The main objective of this paper is to enhance the importance of the organizational dimension whenever a regulatory framework to control conflict of interests is placed or implemented. Public organizations are not merely instruments adaptable to the orders and instructions stemming from regulations and rules. In this sense, the regulatory (both formal and “soft”) framework should take in consideration the concrete organizational effects of the rules and institutions designed to change the behavior of actors. Developing a comparison of regulatory, institutional and organizational strategies applied in Canada, Mexico and USA we seek to show that the organizational dimension is critical in order to understand the “real” net effect achieved when dealing with complex behaviors like the ones which drive social and political actors to face conflict of interests situations.

  • The Concept of Collectivism in Relation to Islamic and Contemporary Jurisprudence

    The main aim of this paper is to provide an introductory discussion of the issue of the human need for a Social symbiosis and Collectivism in the contemporary global community and of the constructive role that religion could play in delivering this global need. There are many ways to categorise ideologies and religions, but the most constructive is one between collectivism and individualism. In the matter of collectivism and Islam, these worlds are misinformed and misguided; it is always at great pains to prove that Islam contains within itself the elements of all type of contemporary social and political thought and action. It can well be understood by separating the paranormal and transcendental aspects of Quran from those dealing with the human affairs, both individually and collectively in an organic social structure including the sacred guidelines for the ruler and the ruled.This paper will, however, be examining the issue at hand mainly from the perspective of the Islamic Jurisprudential philosophy and contemporary jurisprudence.

  • The Individual and the Environment: the New Hungarian Civil Code

    This publication is devoted to various means of ensuring the collective rights of individuals to a healthy environment, and in particular to a special instrument of law, the actio popularis. The history of this dates back to ancient times, though its current forms are not identical with those of Roman law. This legal institution is used in many countries of the world, and not solely for environment protection. Consumer protection and environment protection are correlated both in law and in other social domains. The public prosecutor and the green ombudsman have special rights in the area of environment protection, and the ordinary citizen too should have the right to take steps to defend the natural and civilizational environments. The new Hungarian Civil Code, due to come into effect on May 1, 2010, is designed to be an environmentalist civil code which considers the ancient dilemma of collectivist and/or individualist treatment of social problems. The tools of private law will be adapted to the level of public law in the service of environment protection. The goals are given: the existing and the forthcoming regulations are to be adequately implemented under the auspices of environment- consciousness.

  • Equalizing the Use of Language: A View to Kosovo Law?s Guarantees Upon Minority Languages

    Kosovo through its Constitution proclaimed itself a multiethnic society, while attributing to its institutions the burden to preserve the ethnic minorities’ identity, including their linguistic individuality. With a view to that, Kosovo authorities issued the necessary laws to make multiethnicity a ‘living principle’, thus establishing sufficient consociational elements in the Kosovo’s legal system. With a view to that, this paper will make a review upon the Kosovo Law on the Use of Languages, and shall view the latter toward the principles set, by both, Ahtisaari Plan’s provisions and Kosovo Constitution’s provisions. Hence, apart from providing a critical evaluation, the paper is aimed at displaying the guaranteed mechanisms and principles employed by the law concerned for either upholding or assuring the use of language by ethnic minorities.

  • A Practioner Guide To The Unfair Competition Law In Jordan

    Until the year 2000, there was no specific statute enacted in Jordan that regulates unfair competition. In the year 2000, the Jordanian Unfair Competition Law No. 15 of 2000 was enacted. The Law deals with the issue of unfair competition in a very generic way. In addition to the Jordanian Unfair Competition Law, the principal statutory source of protection is implemented through the general rules and principles of civil law, particularly, tort law and injurious acts. Although the Jordanian Unfair Competition Law purports to implement a general legal regime on unfair competition, it includes very little in terms of substantive or procedural protection of unfair competition. Presently, the Jordanian legal system provides only very limited protection which is not adequate to accommodate unfair competition cases. Therefore, statutory changes are needed.

  • Crimes Against Humanity in Iraq: The Case Against Iran

    Sectarian violence in Iraq has decreased significantly, but a lack of justice for the victims could rekindle passions. Particularly grave are those violations of human rights and humanitarian law committed by Shia militias sponsored by Iran. This paper finds that there is significant evidence supporting Iranian culpability as an accessory for facilitating, aiding and assisting Shia death squads in their commission of crimes against humanity in Iraq. However, there is insufficient data to determine if Iran exercised the level of control necessary to demonstrate state liability. These are facts that should be determined. To increase the chances of justice and long-term reconciliation, the United Nations Security Council should act now and refer Iran to the Prosecutor of the International Criminal Court for investigation of these alleged crimes.

  • Andersen v. U.S.: Policy Implications and a Social Science Research Agenda

    The U.S. Supreme Court overturned the conviction of Arthur Andersen, LLP for its involvement in the Enron scandal. The Court held that that the jury instructions did not accurately convey the meaning of the witness tampering statute that Andersen was charged with. Since the original trial, relevant sections of the Criminal Code were updated with the passage of the Sarbanes-Oxley Act (2002). Although Andersen was convicted under the pre-Sarbanes-Oxley statutes, the Court’s ruling will likely affect enforcement of post-Sarbanes statutes, possibly limiting their scope. We discuss whether Sarbanes was an appropriate response to corporat crime and consider some other methods of punishing corporations. We also raise a number of empirical questions related to this case.

  • Governing Alongside the Specter of Risk Society: Legislating US Terrorism Risk Insurance, 2001-2007

    The continued extension of the Terrorism Risk Insurance Act (TRIA) providing federal financial support to the insurance industry in the event of further terrorist attacks in the US does not reflect the advent of a risk society of uninsurable danger. While the specter of risk society has tracked and influenced the legislative process, it has done so discontinuously and often contentiously. Instead, the legislative trajectory reveals the current insurance arrangements as being shaped by a eterogeneous collection of analyses, calculations and concerns as legislators have sought to govern the insurability of terrorist acts. The paper addresses how, why and with what implications governmental endeavors can become implicated with risk society concepts.

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