Digital Commons Network^™

The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Asian Courts And Lgbt Rights, Holning Lau

Holning Lau

Our Exceptional Constitution, Timothy Zick

Timothy Zick

No abstract provided.

Constitution Guarantees Rights To All Of Kosovo's Citizens, Christie S. Warren

Christie S. Warren

No abstract provided.

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Religious Tests And The British Monarchy, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Unity And Pluralism In Contract Law, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Paul Marcus

No abstract provided.

Capital Punishment In The United States, And Beyond, Paul Marcus

Paul Marcus

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Paul Marcus

No abstract provided.

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye

Paul Marcus

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Linda A. Malone

No abstract provided.

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Nancy Combs

No abstract provided.

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

James G. Dwyer

No abstract provided.

A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades

Eric A. Kades

No abstract provided.

Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

East Asian Court Reform On Trial: Comments On The Contributions, Malcolm M. Feeley

Malcolm Feeley

I am honored to have my book, Court Reform on Trial: Why Simple Solutions Fail, serve as the organizing framework for this symposium. The enterprise has proven valuable as it provided a reason to assemble a set of articles that focus on important changes in Asian courts in recent decades. Further, it appears that the reforms in three of the countries are loosely related to each other. While Japan had a head start on judicial reforms, both Korea and Taiwan embarked on the same path as soon as they had shed authoritarian rule. China has pursued a more ambitious …

Why Didn't The Common Law Follow The Flag?, Christian Burset

Christian Burset

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

In Tribute, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Securities Laws As Foreign Policy, Karen E. Woody

Karen Woody

No abstract provided.

Silencing The Guns In Haiti, Elizabeth Mensch

Elizabeth Mensch

Book review of Irwin Stotzky's Silencing the Guns in Haiti: The Promise of Deliberative Democracy

Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams

Cynthia A. Williams

No abstract provided.

Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno

James T Gathii

Kenya’s form of quasi-federalism termed devolution was introduced under the Constitution of Kenya (2010) (‘2010 Constitution’). This governance system establishes 47 county governments which are constitutionally independent sub-national units with direct election of county level leaders. Given the complexity of devolution’s relationship to national politics, as well as the broad variation in how devolution has unfolded in the 47 counties since 2013, this article argues in favour of a situation-specific assessment of devolution in Kenya. This analysis departs from the emerging scholarly consensus of devolution in Kenya represented in two predominant approaches. One approach contends that devolution in Kenya has …

On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller

Russell A. Miller

Pierre Legrand's return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist's absence from one of the discipline's leading scholarly fora. One reason is the widespread disdain aimed at Legrand as a result of his persistent, sharply critical, and often pointedly personal crusade against the discipline's accepted approaches and their most prominent practitioners. This is partly the nature of the article he publishes in this collection, which features a no-holds-bared, uncomplimentary assessment of the work of James Gordley. In this Article I argue that …

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Russell A. Miller

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …

Germany Vs. Europe: The Principle Of Democracy In German Constitutional Law And The Troubled Future Of European Integration, Russell A. Miller

Russell A. Miller

This Article introduces the Demokratieprinzip. In Part II, I begin by more fully documenting the Euro-skeptical turn in Germany's relationship with Europe, paying particular attention to the central role played by the Constitutional Court's interpretation of the Demokratieprinzip. Part III, in four subparts, provides a doctrinal introduction to the principle of democracy. First, I map the principle's bases in the text of the German Grundgesetz (Basic Law or Constitution). Second, I present the gloss the Constitutional Court has given the principle, making special reference to the Court's recent decisions involving challenges to Germany's participation in measures seeking to advance European …

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

Russell L. Weaver

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver

Russell L. Weaver

Abstract

The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross

John Cross

No abstract provided.