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Comparative and Foreign Law

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The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke Mar 2024

The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.


Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts Jan 2020

Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts

Loyola of Los Angeles International and Comparative Law Review

This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …


Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla Sep 2014

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla

Georgia Journal of International & Comparative Law

No abstract provided.


What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby Sep 2014

What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby

Georgia Journal of International & Comparative Law

No abstract provided.


An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke Jun 2012

An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke

Washington International Law Journal

This article recovers a lost episode in the neglected early history of comparative constitutionalism in the United States. In 1913, pioneering comparative lawyer Frank Goodnow went to China to assist the new Chinese Republic in the writing of its first constitution. Goodnow’s mission reflected the growing interest of the United States in China’s legal development in this era, and his constitution-writing project won broad support from the U.S. legal profession. Goodnow’s tenure ultimately generated great controversy when he advised China’s leaders to adopt a constitutional monarchy rather than continue on as a republic. This article describes this controversy and how …


Religious Freedom Issues In Hungary, Balazs Schanda May 2002

Religious Freedom Issues In Hungary, Balazs Schanda

BYU Law Review

No abstract provided.


Complexity As A Shock Absorder: The Belgian Social Cube, Neal Alan Carter Jan 2002

Complexity As A Shock Absorder: The Belgian Social Cube, Neal Alan Carter

ILSA Journal of International & Comparative Law

Throughout its history, Belgium has been a complex political and social entity. The King of the Belgians was told in an official report that 'there are no Belgians.'


Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter Jan 2002

Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter

ILSA Journal of International & Comparative Law

En toda su historia, B61gica ha sido una entidad compleja politicamente y socialmente.


The Road To Recognition And Application Of The Fundamental Constitutional Right To Marry Of Sexual Minorities In The United States, The Netherlands, And Hungary: A Comparative Legal Study, Marilyn Sanchez-Osorio Jan 2001

The Road To Recognition And Application Of The Fundamental Constitutional Right To Marry Of Sexual Minorities In The United States, The Netherlands, And Hungary: A Comparative Legal Study, Marilyn Sanchez-Osorio

ILSA Journal of International & Comparative Law

The scope of this work is to shed some light on the vigorously debated and delicate subject of same-sex marriages, as well as to review how some countries have reached the point of recognition and application of the legal rights that homosexual individuals have within this global society.


Courts And The Creation Of A Spirit Of Moderation: Judicial Protection Of Revolutionaries In Argentina, 1863-1929, Jonathan M. Miller Jan 1997

Courts And The Creation Of A Spirit Of Moderation: Judicial Protection Of Revolutionaries In Argentina, 1863-1929, Jonathan M. Miller

UC Law SF International Law Review

Scholarship on Latin America has traditionally ignored the political role played by the judiciary. This gap may have some justification in the relative weakness of many Latin American judiciaries in recent decades, but leaves a serious void for understanding Latin American politics in earlier periods. This Article examines how the Argentine judiciary in the late nineteenth and early twentieth century protected the rights of government opponents who started armed uprisings with high political stakes. Far from acting as a tool of government oppression, the judiciary frequently challenged the government and placed sharp limits on its actions. The Argentine Supreme Court …


An Opportunity For Constitutional Reform In Argentina: Re-Election 1995, Christopher M. Nelson Jan 1994

An Opportunity For Constitutional Reform In Argentina: Re-Election 1995, Christopher M. Nelson

University of Miami Inter-American Law Review

No abstract provided.


How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal Jan 1993

How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal

UIC Law Review

No abstract provided.


Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge Jun 1985

Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge

Washington Law Review

The Canadian constitution, also known as the British North America Act, 1867, has been "patriated." Of that bundle of sticks that, fastened together, constitute sovereign autonomy, a significant few continued to rest with the British Parliament until 1982—a condition the Canadians found humiliating and the British embarrassing. With the passage of the Canada Act by the Parliament of the United Kingdom on March 29, 1982, and with royal approval, the Canadians became masters of their own house, having gained complete internal powers of constitutional amendment. But an equally important constitutional event was the process of patriation itself inasmuch as it …


The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach Jan 1981

The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach

Northwestern Journal of International Law & Business

The subject of worker participation in the decision-making process has become one of the major topics in the developing area of EEC labor law. The EEC Treaty, however, does not provide the direct legal basis for the introduction of worker participation legislation by the Community. The Commission, therefore, has concentrated on harmonizing the company legislation of the Member States in its drive to develop a European labor legislation. In this article, Dr. Kolvenbach surveys the existing company legislation in the Member States dealing with worker participation and discusses the recent harmonization proposals of the Commission. He then concludes by supporting …


The Italian Magistracy Of Labour A Fascist Experiment, Leonard Manyon Jun 1929

The Italian Magistracy Of Labour A Fascist Experiment, Leonard Manyon

Michigan Law Review

The legislators of Fascist Italy, although they vigorously affirm the unprecedented and original character of their achievement, do not despise history--or even pre-history--as a measure of that achievement. In the social and economic no less than in the political sphere, they claim the merit of vast innovations, whose true significance, they tell us, can be gauged only by surveying, across the course of centuries, the evolution of human civilization.