Notes about cases heard as Justice of the Peace, 1784-1795

This small paper-bound notebook contains notes Winthrop made concerning the cases he heard between 1784 and 1795 as a Justice of the Peace for Middlesex County. These notes provide insight into the nature of crimes being committed in Cambridge in the post-Revolutionary period, as well as the names and occupations of those accused and their victims. The cases involved the following individuals, among others: Samuel Bridge, Benjamin Estabrook, Joseph Jeffords, Cato Bordman, John Kidder, Spenser Goddin, Jacob Cromwell, Benjamin Stratton, Mary Flood, Bender Temple, John Willett, Joseph Hartwell, Nathaniel Stratton, Amos Washburn, Francis Moore, Thomas Malone, Thomas Cook, and Amboy Brown. The cases involved a range of offenses, and occasionally Winthrop decided that a case exceeded his jurisdiction and forwarded it to the General Court or the Supreme Judicial Court.

Compendium logicæ secundum principia D. Renati Descarte catechisticè propositum : [1693]

Small leather hardcover volume containing a manuscript copy of William Brattle’s abstract of René Descartes’ "Compendium Logicae" copied in Latin, likely by Thomas Phipps in 1693. A crossed out inscription on the inside back cover appears to read “Thomas Phips 1693” likely referring to Thomas Phipps, a member of the Harvard Class of 1695.

London, England : parishes, districts, and extra parochial places, 1884 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: Map of London and its environs : shewing the boundary of the jurisdiction of the metropolitan board of work, also the boundaries of the city of London, the Parishes, the Districts & Extra Parochial Places. It was published by Edward Standford, April 21, 1884. Scale [ca. 1:31,680]. This map is part of a 5 map set showing various thematic districts and boundaries of the London region. The image inside the map neatline is georeferenced to the surface of the earth and fit to the British National Grid coordinate system (British National Grid, Airy Spheroid OSGB (1936) Datum). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as roads, railroads, drainage, selected private and public buildings, towns and villages, cemeteries, parks, farms, parish, district, and extra parochial place boundaries, and more. Relief is shown by hachures. Includes notes and indices. This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

London, England : water companies' districts, 1884 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: Map of London and its environs : shewing the boundary of the jurisdiction of the metropolitan board of work, also the boundaries of the city of London, and of the water companies' disticts. It was published by Edward Standford, April 21, 1884. Scale [ca. 1:31,680]. This map is part of a 5 map set showing various thematic districts and boundaries of the London region. The image inside the map neatline is georeferenced to the surface of the earth and fit to the British National Grid coordinate system (British National Grid, Airy Spheroid OSGB (1936) Datum). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as roads, railroads, drainage, selected private and public buildings, towns and villages, cemeteries, parks, farms, water district boundaries, and more. Relief is shown by hachures. This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

London, England : gas companies' districts, 1884 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: Map of London and its environs : shewing the boundary of the jurisdiction of the metropolitan board of work, also the boundaries of the city of London, and the gas companies' districts. It was published by Edward Standford, April 21, 1884. Scale [ca. 1:31,680]. This map is part of a 5 map set showing various thematic districts and boundaries of the London region. The image inside the map neatline is georeferenced to the surface of the earth and fit to the British National Grid coordinate system (British National Grid, Airy Spheroid OSGB (1936) Datum). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as roads, railroads, drainage, selected private and public buildings, towns and villages, cemeteries, parks, farms, gas companies' districts, and more. Relief is shown by hachures. This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

London, England : Poor Law unions, 1884 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: Map of London and its environs : shewing the boundary of the jurisdiction of the metropolitan board of work, also the boundaries of the city of London, and of the Poor Law unions. It was published by Edward Standford, April 21, 1884. Scale [ca. 1:31,680]. This map is part of a 5 map set showing various thematic districts and boundaries of the London region. The image inside the map neatline is georeferenced to the surface of the earth and fit to the British National Grid coordinate system (British National Grid, Airy Spheroid OSGB (1936) Datum). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as roads, railroads, drainage, selected private and public buildings, towns and villages, cemeteries, parks, farms, Poor Law unions, and more. Relief is shown by hachures. This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

London, England : Parliamentary boroughs, 1884 (Raster Image)

This layer is a georeferenced raster image of the historic paper map entitled: Map of London and its environs : shewing the boundary of the jurisdiction of the metropolitan board of work, also the boundaries of the city of London, and of the Parliamentary boroughs. It was published by Edward Standford, April 21, 1884. Scale [ca. 1:31,680]. This map is part of a 5 map set showing various thematic districts and boundaries of the London region. The image inside the map neatline is georeferenced to the surface of the earth and fit to the British National Grid coordinate system (British National Grid, Airy Spheroid OSGB (1936) Datum). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, index maps, legends, or other information associated with the principal map. This map shows features such as roads, railroads, drainage, selected private and public buildings, towns and villages, cemeteries, parks, farms, Parliamentary boroughs, and more. Relief is shown by hachures. This layer is part of a selection of digitally scanned and georeferenced historic maps from The Harvard Map Collection as part of the Imaging the Urban Environment project. Maps selected for this project represent major urban areas and cities of the world, at various time periods. These maps typically portray both natural and manmade features at a large scale. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

The European Court of Justice and the Draft Constitution: A Supreme Court for the Union? Research Paper in Law 8/2003

[Introduction]. The purpose of this paper is twofold. First, it examines selectively the provisions of the draft Constitution pertaining to the Court of Justice and assesses the ways in which the draft Constitution is likely to affect the jurisdiction and the function of the Court. Secondly, it discusses the challenges faced by the Court in relation to the protection of human rights by reference to the recent judgment in Schmidberger.1 Both aspects of the discussion serve to underlie that the Court is assuming the function of the Supreme Court of the Union whose jurisdiction is fundamentally constitutional in character. It has a central role to play not only in relation to matters of economic integration but also in deciding issues of political governance, defining democracy at European and national level, and contributing through the process of judicial harmonisation to the emergence of a European demos. This constitutional jurisdiction of the ECJ is not new but has acquired more importance in recent years and is set to be enhanced under the provisions of the new Constitution. The paper is divided as follows: The first section provides an overview of the way the new Constitution affects the ECJ. The subsequent sections examine respectively Article 28(1) of the draft Constitution, the appointment and tenure of the judiciary, locus standi for private individuals, sanctions against Member States, jurisdiction under the CFSP and the Chapter on freedom, security and justice, preliminary references, other provisions o f the Constitution pertaining to the Court, the principle of subsidiarity, and the judgment in Schmidberger. The final section contains some concluding remarks.

The New Financial Regulatory Paradigm: A transatlantic perspective. CEPS Policy Brief No. 287, 21 March 2013

This CEPS Policy Brief reviews key aspects of the new financial paradigm in a transatlantic perspective, focusing on the general approach in EU and US legislation in response to the financial crisis and the G-20 commitments and specifically as regards the extraterritorial implications. Following discussion of the institutional setting, conclusions are offered on what these changes mean in the context of the recently proposed Transatlantic Trade and Investment Partnership. In comparing the EU and the US efforts in re-engineering their regulatory regimes in response to the financial crisis, the paper finds, with the notable exception of the banking union, serious grounds for concern that the outcome may be an even more fragmented European financial market, access to which for third-country institutions is highly problematic.

A ação direta da vítima contra a seguradora nos seguros facultativos de responsabilidade civil na dogmática brasileira

A investigação parte do surgimento histórico do contrato de seguro, abordando em sequencia sua teoria geral e a dogmática brasileira pertinente para, após, traçar os contornos específicos do contrato de seguro de responsabilidade civil, tanto pelo viés doutrinário quanto da legislação vigente no Brasil, dando ênfase maior ao seu conceito e finalidade social, às peculiaridades de seu sinistro, assim como à pluralidade de interesses nele albergado, afastando-se a ideia de se tratar de um seguro de reembolso, e adotando-se sua conceituação como de um seguro de garantia. Após, são fixados os conceitos básicos de processo civil aplicáveis ao objeto do estudo: jurisdição, processo, ação e seus elementos, para somente então expor o surgimento e desenvolvimento teórico da ação direta da vítima contra a seguradora na doutrina e jurisprudência francesas, passando pelas fases exegética, legalista e doutrinária de sua análise. Com base neste desenvolvimento histórico, adota-se concepção da ação direta da vítima contra a seguradora como instituto jurídico de conformação própria, oriundo dos princípios de equidade e justiça, e destinado ao afastamento dos princípios gerais de direito civil da relatividade contratual e da igualdade entre credores, constituindo meio de exercício do direito próprio da vítima contra a seguradora do causador do dano. Delimitados os conceitos em estudo, são expostas algumas experiências estrangeiras acerca do uso da ação direta e, partindo-se do embasamento teórico do seguro de responsabilidade civil e da ação direta da vítima por este protegida, ingressa-se na análise de seu desenvolvimento na dogmática brasileira. Para tanto, volta-se à ideia do seguro de responsabilidade civil como seguro de reembolso, e aos argumentos dela decorrentes para afastar o cabimento da ação direta, tais como o princípio da relatividade contratual, a ausência de previsão de solidariedade entre segurado e seguradora, e as dificuldades de exercício da ação e também de defesa por parte da seguradora e do segurado. Expostos e criticados os argumentos contrários ao cabimento da ação direta, passa-se ao estudo das tentativas doutrinárias e jurisprudenciais, no direito brasileiro, de se fornecer à vítima um meio de exercício de sua ação contra a seguradora, inicialmente por instrumentos de processo civil, e terminando por se reconhecer a possibilidade de acionamento conjunto de segurado e seguradora pelo Superior Tribunal de Justiça na sua Súmula 529. Por último, são tratados os argumentos doutrinários e legislativos favoráveis ao cabimento da ação direta da vítima contra a seguradora em qualquer seguro de responsabilidade civil, com e sem a participação inicial do segurado no processo, com destaque à função social do contrato de seguro de responsabilidade civil facultativo e ao direito próprio da vítima perante a seguradora. Conclui-se, assim, que a ação direta da vítima contra a seguradora, em qualquer seguro de responsabilidade civil, é instrumento apto e cabível na dogmática brasileira para dar vazão aos preceitos de equidade e justiça, despersonalizando a responsabilidade civil, ao levar seu foco da imputação para a indenidade, respeitando ao duplo interesse do moderno contrato de seguro de responsabilidade civil, e solucionando pela via mais apta e simples situação complexa.

The Dynamics of Decentralization in Italy: Towards a Federal Solution? European Diversity and Autonomy Papers, EDAP/04 2013

This paper analyses the recent process of state decentralisation in Italy from the perspectives of political science and constitutional law. It considers the conflicting pressures and partisan opportunism of the decentralising process, and how these have adversely affected the consistency and completeness of the new constitutional framework. The paper evaluates the major institutional reforms affecting state decentralisation, including the 2001 constitutional reform and the more recent legislation on fiscal federalism. It argues that while the legal framework for decentralisation remains unclear and contradictory in parts, the Constitutional Court has performed a key role in interpreting the provisions and giving life to the decentralised system, in which regional governments now perform a much more prominent role. This new system of more decentralised multi-level government must nevertheless contend with a political culture and party system that remains highly centralised, while the administrative apparatus has undergone no comparable shift to take account of state decentralisation, leading to the duplication of bureaucracy at all territorial levels and continuing conflicts over policy jurisdiction. Unlike in federal systems these conflicts cannot be resolved in Italy through mechanisms of “shared rule”, since formal inter-governmental coordination structure are weak and entirely consultative.

O "due process" redescoberto à sombra do verde

Tese de doutoramento, Direito (Ciências Jurídico-Políticas), Universidade de Lisboa, Faculdade de Direito, 2016

Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR. CEPS Paper on Liberty and Security in Europe No. 59, September 2013

From an examination of the instruments of the Common European Asylum System (CEAS) and related policy measures regarding border surveillance and migration management, two interrelated issues stand out as particularly sensitive: Access to asylum and responsibility for refugee protection. The prevailing view, supported by UNHCR and others, is that responsibility for the care of asylum seekers and the determination of their claims falls on the state within whose jurisdiction the claim is made. However, the possibility to shift that responsibility to another state through inter-state cooperation or unilateral mechanisms undertaken territorially as well as abroad has been a matter of great interest to EU Member States and institutions. Initiatives adopted so far challenge the prevailing view and have the potential to undermine compliance with international refugee and human rights law. This note reviews EU action in the field by reference to the relevant legal standards and best practices developed by UNHCR, focusing on the specific problems of climate refugees and access to international protection, evaluating the inconsistencies between the internal and external dimension of asylum policy. Some recommendations for the European Parliament are formulated at the end, including on action in relation to readmission agreements, Frontex engagement rules in maritime operations, Regional Protection Programmes, and resettlement.

The Future Organisation of the European Courts. Research Papers in Law, 2/2005

From the Introduction. According to Article 220 of the EC Treaty, the Court of Justice and the Court of First Instance (hereinafter CFI) “each within its jurisdiction, shall ensure that in the interpretation and application of [the EC] Treaty the law is observed”. The “pre-Nice” allocation of jurisdiction between the two Community courts can be summarized as follows. At Court of Justice level, mention should first of all be made of references for a preliminary ruling. A national court, in a case pending before it, can - or in some circumstances must - refer to the Court of Justice a question relating to the interpretation of provisions of the EC Treaty or of secondary Community law, or relating to the validity of provisions of secondary Community law.1 Moreover, the Court of Justice ensures the observance of the law in the context of actions for annulment or failure to act brought before it by the Community institutions, the European Central Bank (hereinafter ECB) and the Member States.2 These actions concern, respectively, the legality of an act of secondary Community law and the legality of the failure of the institution concerned to adopt such act. The Court of Justice also has jurisdiction in actions brought by the Commission or by a Member State relating to the infringement of Community law by a Member State (hereinafter infringement actions)3 and in actions relating to compensation for non-contractual damage brought by Member States against the Community.4 Finally, as regards the jurisdiction of the Court of Justice, mention should be made of appeals which can be lodged on points of law only against rulings of the CFI.5

Casual but Smart: The Court’s new clothes in the Area of Freedom Security and Justice (AFSJ) after the Lisbon Treaty. Research Papers in Law, 2/2008

Introduction. Unintended as it was, the European Court of Justice (ECJ, the Court, the Court of the EU) has played an extremely important role in the construction of the Area of Freedom Security and Justice (AFSJ). The AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999. The fact that this is a new field of EU competence, poses afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its Member States, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) extent of the protection given to fundamental rights. The above questions have prompted judicial solutions which take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.1 The ECJ is the body whose institutional role is to benefit most from this upcoming ‘depilarisation’, possibly more than that of the European Parliament. This structure is on the verge of being abandoned, provided the Treaty of Lisbon enters into force.2 However spectacular this formal boost of the Court’s competence, the changes in real terms are not going to be that dramatic. This apparent contradiction is explained, to a large extent, by the fact that the Court has in many ways ‘provoked’, or even ‘anticipated’, the depilarisation of its own jurisdictional role, already under the existing three-pillar structure. Simply put, under the new – post Treaty of Lisbon – regime, the Court will have full jurisdiction over all AFSJ matters, as those are going to be fully integrated in what is now the first pillar. Some limitations will continue to apply, however, while a special AFSJ procedure will be institutionalised. Indeed, if we look into the new Treaty we may identify general modifications to the Court’s structure and jurisdiction affecting the AFSJ (section 2), modifications in the field of the AFSJ stemming from the abolition of the pillar structure (section 3) and, finally, some rules specifically applicable to the AFSJ (section 4).