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Comparative and Foreign Law

1996

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Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore Dec 1996

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore

Faculty Scholarship

No abstract provided.


Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram Oct 1996

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Cornell Law Faculty Publications

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.


International Dimensions, Vol. 1 #1, Int'l Law Society Oct 1996

International Dimensions, Vol. 1 #1, Int'l Law Society

The Sompong Sucharitkul Center for Advanced International Legal Studies

A journal of personal impression, experience and commentary on the subject of international law published by members of the International Law Society, Golden Gate University School of Law.


The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd Oct 1996

The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd

Indiana Journal of Global Legal Studies

No abstract provided.


Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram Oct 1996

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Dalhousie Law Journal

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behaviour is attributable to non-formal, cultural determinants.


Trial By Jury In The New Russia: A Travelogue, Gary S. Gilden Sep 1996

Trial By Jury In The New Russia: A Travelogue, Gary S. Gilden

Penn State International Law Review

No abstract provided.


Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler Sep 1996

Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler

Penn State International Law Review

No abstract provided.


Neo-Colonialism, Labor Rights, And The "Growth Triangle" Of Indonesia, Malaysia, And Singapore: Who Will Protect The "Hinterland" And Indonesia's Workers?, Katharine H. Woodward Sep 1996

Neo-Colonialism, Labor Rights, And The "Growth Triangle" Of Indonesia, Malaysia, And Singapore: Who Will Protect The "Hinterland" And Indonesia's Workers?, Katharine H. Woodward

Penn State International Law Review

No abstract provided.


Forum Non Conveniens In The United States And Canada, Donald J. Carney Jul 1996

Forum Non Conveniens In The United States And Canada, Donald J. Carney

Buffalo Journal of International Law

No abstract provided.


China's Company Law: Practicing Capitalism In A Transitional Economy, Anna M. Han Jul 1996

China's Company Law: Practicing Capitalism In A Transitional Economy, Anna M. Han

Washington International Law Journal

As China embarks on the road to transform itself from a planned economy to one in which market forces play an increasingly important part, the corporation will play a critical role in this transformation. By outlining past and existing economic policies, this article explores how these newly sanctioned corporations will operate in China's changing economy and points outs some of the difficulties which the Chinese will encounter. The article also recommends some steps necessary for the Chinese economy to fully enjoy the benefits of efficiently operated corporations.


Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff Jul 1996

Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff

Washington International Law Journal

A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …


Changing The "Fourth Channels": Taiwan Tunes In To A New Cable Television Law, Sophia R. Byrd Jul 1996

Changing The "Fourth Channels": Taiwan Tunes In To A New Cable Television Law, Sophia R. Byrd

Washington International Law Journal

Threatened with potentially massive trade sanctions by the United States, Taiwan enacted the Cable Television Law in 1993 to regulate the so-called "Fourth Channels," hundreds of private cable operations that transmitted programming pirated from the United States and other sources. This Comment identifies the roots of the Fourth Channels and examines the U.S. and Taiwanese forces that gave rise to the cable law. The Comment analyzes major provisions of the law and explores the law's effects on both U.S. and Taiwanese interests.


The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh Jul 1996

The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh

Washington International Law Journal

The 1992 Employment Service Act, the first major law in Taiwan to legalize the hiring of blue-collar foreign workers, was adopted to stem the tide of illegal aliens while alleviating Taiwan's labor shortage. The Act and its Implementary Provisions, however, have not resolved the problems caused by the influx of foreign labor. Taiwan's foreign labor policy has not curtailed the influx of illegal aliens, and in an effort to resolve the labor shortage without recognizing the consequences of importing foreign labor, Taiwan has encouraged the continuation of labor-intensive industries and has indirectly perpetuated the continuation of employer abuses against foreign …


China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez Jul 1996

China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez

Washington International Law Journal

China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …


Environmental Protection Agreements In Japan And The United States, Susan Ridgley Jul 1996

Environmental Protection Agreements In Japan And The United States, Susan Ridgley

Washington International Law Journal

In an environmental protection agreement, local government regulatory authorities and the regulated industry enter into a binding written agreement that specifies limits on pollution and supplements the applicable regulatory requirements. They have been utilized in Japan for over twenty years. This Comment discusses the content and practical uses of these agreements as they have been used in Japan, and postulates their legal status under three theories: that such agreements are relational social contracts; that they are informal administrative guidance; and that they are civil contracts. The legal character of environmental protection agreements in Japan has never been well-defined, primarily because …


Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law Jun 1996

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits Jun 1996

Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits

Michigan Law Review

In this essay, I want to investigate German vetting policies by looking at one particular subgroup of examinees: GDR lawyers. In Germany, no other former socialist elite has been submitted to so thorough an ideological cleansing process as the legal profession. After reunification, all GDR judges and prosecutors hoping to remain in office had to undergo investigations that by March 1994 had left only 9.2% of their former numbers in permanent positions. Virtually all East German law professors were removed from their university posts. More than 5000 attorneys in Germany's eastern half are currently being examined for former contacts with …


Australia, Paul Latimer May 1996

Australia, Paul Latimer

Penn State International Law Review

No abstract provided.


Bulgaria, Svetla Konstantinova May 1996

Bulgaria, Svetla Konstantinova

Penn State International Law Review

No abstract provided.


Middle East, Dr. Fath El-Rahman Abdalla El-Sheikh May 1996

Middle East, Dr. Fath El-Rahman Abdalla El-Sheikh

Penn State International Law Review

No abstract provided.


Korea, Choong Kee Lee May 1996

Korea, Choong Kee Lee

Penn State International Law Review

No abstract provided.


Romania, Colonel Florin Sandu May 1996

Romania, Colonel Florin Sandu

Penn State International Law Review

No abstract provided.


United States, G. Philip Rutledge May 1996

United States, G. Philip Rutledge

Penn State International Law Review

No abstract provided.


When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough May 1996

When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough

Penn State International Law Review

No abstract provided.


U.S. & Great Britain: Restrictions On Homosexuals In The Military As A Barricade To Effectiveness, Stefanie L. Bishop May 1996

U.S. & Great Britain: Restrictions On Homosexuals In The Military As A Barricade To Effectiveness, Stefanie L. Bishop

Penn State International Law Review

No abstract provided.


Justice Through The Eye Of A Camera: Cameras In The Courtrooms In The United States, Canada, England, And Scotland, Stephen A. Metz May 1996

Justice Through The Eye Of A Camera: Cameras In The Courtrooms In The United States, Canada, England, And Scotland, Stephen A. Metz

Penn State International Law Review

No abstract provided.


Aspects Of Reception Of Law, Alan Watson Apr 1996

Aspects Of Reception Of Law, Alan Watson

Scholarly Works

In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can …


An Explanation Of Japan's Product Liability Law, Thomas Leo Madden Mar 1996

An Explanation Of Japan's Product Liability Law, Thomas Leo Madden

Washington International Law Journal

Japan has been contemplating the implementation of a product liability system since 1972. After much discussion, the Product Liability Law (Law No. 85 (1994)) was finally promulgated on July 1, 1994. It came into force one year later on July 1, 1995. In Japanese the law is called Seizōbutsu Sekinin Hō. The original article explains the law's historical significance and practical impact. It is commentary in style and is meant to serve as a basic guideline to help both consumers and businesses understand their respective rights and obligations under this new law.


Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day Mar 1996

Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day

Washington International Law Journal

Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …


Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng Mar 1996

Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng

Washington International Law Journal

The increasing need for an adequate legal framework for the protection of trade secrets in the People's Republic of China led to the 1993 promulgation of the Law for Countering Unfair Competition ("LCUC"). The LCUC has removed some of the barriers to obtaining effective remedies. Under the LCUC, the injured party can rely on a legal definition of "trade secrets," sue third parties, and expect that authorities will investigate violations. Nevertheless, barriers to adequate protection for trade secrets remain. In discussing the legal framework for trade secrets protection, this Article illustrates how the ambiguity of the LCUC's relationship with other …