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Full-Text Articles in Law
The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen
The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen
Mathilde Cohen
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Robert B Leflar
Japanese legal structures addressing health care-related deaths and injuries rely more on public law institutions and rules than do the common-law North American jurisdictions, where private law adjudication is predominant. This article explores four developments in 21st-century Japanese health care law. The first two are in the public law sphere: criminal prosecutions of health care personnel accused of medical errors, and a health ministry-sponsored “Model Project” to analyze medical-practice-associated deaths. The article addresses a private law innovation: health care divisions of trial courts in several metropolitan areas. Finally, the article introduces Japan’s new no-fault program for compensating birth-related obstetrical injuries. …
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
James W. Diehm
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
James W. Diehm
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …