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Articles 1 - 30 of 185
Full-Text Articles in Law
Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable
Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable
University of the District of Columbia Law Review
Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …
Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert
Brigham Young University International Law & Management Review
No abstract provided.
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
Michigan Law Review
This Article critically evaluates the widely held view inside and outside the United States that American constitutional rights jurisprudence is exceptional. There are two dimensions to this perceived American exceptionalism: the content and the structure of constitutional rights. On content, the claim focuses mainly on the age, brevity, and terseness of the text and on the unusually high value attributed to free speech. On structure, the claim is primarily threefold. First, the United States has a more categorical conception of constitutional rights than other countries. Second, the United States has an exceptionally sharp public/private division in the scope of constitutional …
A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams
A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams
North Carolina Central Law Review
No abstract provided.
Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin
University of Miami Inter-American Law Review
No abstract provided.
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros
University of Miami International and Comparative Law Review
This article examines the course of tobacco litigation in the United States and its implications for law and policy on both the national and international levels. In our view, the disparate legal traditions and attitudes of countries outside the United States will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels. This will likely promote effective tobacco control without the policy mix encompassing a period of prolonged litigation buttressed by settlement and regulation, which has characterized the U.S. process. Therefore, despite some increased litigation in the …
Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek
Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek
University of Miami International and Comparative Law Review
A unique tension exists between the World Trade Organization's various desires to level the international commercial trading field, and the United States' periodic desires to prioritize its own domestic goods and, in some cases, protect its own corporate citizens. This article will explore various historical rifts and what the future is likely to hold in light of Congress' passage of the American Jobs Creation Act of 2004.
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
University of Miami Inter-American Law Review
No abstract provided.
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
University of Miami Inter-American Law Review
No abstract provided.
Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos
University of Miami Inter-American Law Review
No abstract provided.
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
University of Miami Inter-American Law Review
No abstract provided.
Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid
Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid
University of Miami Inter-American Law Review
No abstract provided.
The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio
University of Miami International and Comparative Law Review
The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema
Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema
Buffalo Human Rights Law Review
No abstract provided.
Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland
Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland
Buffalo Human Rights Law Review
No abstract provided.
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Penn State International Law Review
No abstract provided.
Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi
Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi
BYU Law Review
No abstract provided.
How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt
How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt
BYU Law Review
No abstract provided.
Religious Freedom In Kosovo: Prenatal Care To A New Nation, Kyle Woods
Religious Freedom In Kosovo: Prenatal Care To A New Nation, Kyle Woods
BYU Law Review
No abstract provided.
Grappling With Religious Differences In South Africa: A Draft For A Charter Of Religious Rights, Pieter Coertzen
Grappling With Religious Differences In South Africa: A Draft For A Charter Of Religious Rights, Pieter Coertzen
BYU Law Review
No abstract provided.
Religious Symbols In The Classroom: A Controversial Issue In The United Kingdom, Javier Garcia Oliva
Religious Symbols In The Classroom: A Controversial Issue In The United Kingdom, Javier Garcia Oliva
BYU Law Review
No abstract provided.
Ministers Of Religion In Chilean Law, M. Elena Pimstein
Ministers Of Religion In Chilean Law, M. Elena Pimstein
BYU Law Review
No abstract provided.
The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary
The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary
University of Miami Inter-American Law Review
No abstract provided.
The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet
University of Miami Inter-American Law Review
No abstract provided.
Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker
Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker
University of Miami Inter-American Law Review
No abstract provided.
Examining The Codification Of History And The Search For First Principles In Professor Alejandro Guzmán Brito's History Of The Codification Of Civil Law In Iberoamerica, Pedro J. Martinez-Fraga
Examining The Codification Of History And The Search For First Principles In Professor Alejandro Guzmán Brito's History Of The Codification Of Civil Law In Iberoamerica, Pedro J. Martinez-Fraga
University of Miami Inter-American Law Review
No abstract provided.
Filling Gaps Left By Congress Or Violating Federal Rights: An Analysis Of Local Ordinances Restricting Undocumented Immigrants' Access To Housing, Clifton R. Gruhn
Filling Gaps Left By Congress Or Violating Federal Rights: An Analysis Of Local Ordinances Restricting Undocumented Immigrants' Access To Housing, Clifton R. Gruhn
University of Miami Inter-American Law Review
No abstract provided.
Who Is Really Protecting Barbie: Goliath Or The Silver Knight? A Defense Of Mattel's Aggressive International Attemps To Protect Its Barbie Copyright And Trademark, Liz Somerstein
University of Miami Inter-American Law Review
No abstract provided.
On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle
On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle
Penn State International Law Review
No abstract provided.