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Comparative and Foreign Law

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2000

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Articles 61 - 69 of 69

Full-Text Articles in Law

Law And Values In Governance: The Singapore Way, Eugene K. B. Tan Jan 2000

Law And Values In Governance: The Singapore Way, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The article examines the role of law and the legal system in catalysing Singapore's development success. It argues that there is a dichotomy in the approach with regard to commercial law and law relating to individual freedom and rights and civil society. Universalism characterises the treatment of commercial laws while cultural relativism and a communitarian-based understanding of rights and obligations are features of the law relating to the rights of the individual. Instrumentalism, driven by a particularistic 'communitarian' political philosophy underpinned by strong Confucianist values, is very much motivated by the need for good governance as a prerequisite for economic …


Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor Jan 2000

Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor

Articles

One of the most vexing questions in hermeneutics is whether it can be critical-whether it can engage in critique. In Part I of this Article, I show how within legal hermeneutics the element of critique is present even within those forms of legal interpretation most adherent to stances of "understanding." Here I concentrate on the work of Robert Bork and Justice Antonin Scalia and demonstrate how distance, separation, critique is present within their theories. In Part II, I reverse emphases and show how elements of "understanding" persist within legal theories most avowedly reliant on forms of "explanation." My exemplar here …


The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez Jan 2000

The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez

Scholarly Articles

No abstract provided.


By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young Jan 2000

By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young

Scholarly Articles

Mr Young explores the history, format, and arrangement of the Command Papers. He provides a brief description of their availability in hard copy and electronic formats, and also describes the availability and use of various indexing tools for this series of parliamentary papers.


Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski Jan 2000

Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.


Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham Jan 2000

Teaching Professional Responsibility In Legal Clinics Around The World, Leah Wortham

Scholarly Articles

At a March 1999 Colloquium on Clinical Legal Education,1 a group of about 20 people, including a number of law faculty already teaching or planning to teach legal clinics in Central and Eastern Europe and the former Soviet Union , were asked, "What are the goals that you think are most important for a legal clinic?" The most common answers were teaching about ethics and improving the ethical standards of law practice in participants' respective countries through this focus in legal education.


Shihō Ni Nani O Nozomu Ka [What I Desire For The Justice System], Daniel H. Foote Jan 2000

Shihō Ni Nani O Nozomu Ka [What I Desire For The Justice System], Daniel H. Foote

Articles

Explanatory Note: In 1999, the Japanese government established the Justice System Reform Council and charged that Council with “clarifying the role to be played by justice in Japanese society” and examining and deliberating measures necessary to realize an appropriate system. The Council met from 1999 through 2001. In its final report it recommended major reforms to numerous aspects of the justice system, many of which were achieved (including the enactment of over twenty significant pieces of legislation, along with a wide range of reforms that did not require legislative action). In 2000, as the Reform Council was embarking work on …


Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka Jan 2000

Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka

Articles

This Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United States …


Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka Jan 2000

Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka

Articles

Accordingly, this Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United …