Digital Commons Network^™

The Regularization Of Nonmarital Cohabitation: Rights And Responsibilities In The American Welfare State, Grace Ganz Blumberg

Notre Dame Law Review

No abstract provided.

Book Review: Legal Traditions Of The World: Sustainable Diversity In Law, S. I. Strong

Faculty Publications

Combining a historically accurate analysis with a distinctly contemporary sensibility, H. Patrick Glenn invokes not only jurisprudential concepts as he explains the different legal traditions, but religious and sociological ideas as well.

The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

On April 12, 2000, Sir David Williams delivered the following lecture at the Indiana School of Law-Bloomington in accordance with The George P. Smith, II, Distinguished Visiting Professorship-Chair of Law and Legal Research endowment. The Chair was established by George P. Smith to broaden students' exposure to scholars and judges of national and international reputation and to allow distinguished visiting scholars the opportunity to do research at Indiana University and share their ideas with the faculty and students of the Indiana University School of Law and Indiana University. George P. Smith, an Indiana native, received his B.S. degree in business, …

Legal Framework In The Canadian Offshore, Van Penick

Dalhousie Law Journal

In this article, the author examines the legal framework in effect in the Atlantic Canada offshore through a comparative analysis of the Western Canada onshore regime in five basic areas: property rights, oil and gas rights, the constitutional division of oil and gas authority, basic agreements and the application of laws. The major differences exposed by this analysis should aid east coast oil and gas practitioners in properly advising their clients.

Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost

Scholarly Articles

In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.

In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

A Guide To Resources On Careers In Foreign And International Law, Robert H. Hu

Faculty Articles

Law librarians are often asked by law students and even practicing attorneys, “How do I begin a career in foreign and international law practice?” The student or attorney asking this question frequently is seeking recommendations for books, articles, or other information resources on the topic. The same situation arises in a law school’s career services office. For these reasons, a guide has been compiled to help law librarians and placement officials assist individuals who are interested in pursuing career opportunities in foreign and international law practice.

This guide is divided into four sections: Perspectives on International Law Practice, Membership Organizations, …

The Chinese Century: An American Judge's Observations Of The Chinese Legal System, Sam Hanson

William Mitchell Law Review

No abstract provided.

Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix

Villanova Law Review

No abstract provided.

Corporate Defense Law For Dispersed Ownership, Nicholas L. Georgakopoulos

Hofstra Law Review

The Delaware law regarding defensive tactics has a consistent and unnoticed undercurrent: it favors defenses against attacks that would concentrate corporate ownership. Similar trends seem to be developing in European merger and acquisition law, but they have a different flavor. Europe tries to foster dispersed ownership by discouraging defenses because it starts from an environment of concentrated ownership. Professor Georgakopoulos argues that pursuit of dispersed ownership is justified from an economic perspective and that defenses are intimately related with dispersed ownership. The "semi-entrenched" control that Delaware provides and that firms consistently choose in IPO's and prefer compared to golden parachutes …

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

Mapp Goes Abroad, Craig M. Bradley

Case Western Reserve Law Review

No abstract provided.

Social Welfare Entitlements And The Role Of Law: Guaranteeing Equality In Denmark And Canada, Jennifer Khurana

Journal of Law and Social Policy

No abstract provided.

The Intersection Of Two Systems: An American On Trial For An American Murder In The French Cour D'Assises, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This study discusses a murder case in France's trial court for the most serious crimes, the Cour d'assises. The case was highly unusual because the person on trial was an American, accused of having murdered other Americans in the United States. For reasons given below, cases in which crimes committed in the United States are tried abroad are likely to become more common. This study describes how such a case proceeds, including some of the difficulties that can arise from combining two investigations controlled by very different systems of procedure. An advice section is given for American prosecutors and defense …

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez

Faculty Scholarship

I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

Comparing The General Good Faith Provisions Of The Pecl And The Ucc: Appearance And Reality, Harry Flechtner

Articles

"Good faith" is a notoriously amorphous and variable concept. Thus it is the interpretation and application of the concept that provides the most important points of comparison for the good faith provisions of the Principles of European Contract Law ("PECL") and the Uniform Commercial Code ("UCC") . The UCC has been in force since the 1950's, and its good faith provisions have been applied in hundreds of cases. In contrast, the PECL is a new phenomenon and its good faith rules have not been applied to actual cases. The comment to PECL Article 1:201, however, includes five concrete illustrations of …

The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement System, Kathryn L. Moore

Law Faculty Scholarly Articles

Principally because of increasing life expectancy and the fact that the baby boom generation is reaching retirement age and is followed by a much smaller generation, the American social security system is facing a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Trust Funds predicts that unless corrective action is taken, social security benefits will exceed dedicated tax revenues by the year 2016, and the social security system will become insolvent, that is, unable to pay benefits in full, by the year 2038.

The United States is not alone in facing these circumstances. …

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

James W. Diehm