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Articles 61 - 82 of 82
Full-Text Articles in Law
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Scholarly Articles
This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.
Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer
Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer
Faculty Publications
No abstract provided.
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
Michigan Journal of International Law
This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.
Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee
Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee
Faculty Articles
The article begins with a discussion of the social and political background that influenced the emergence of the constitutionally guaranteed right to counsel in Spanish law. Next, it traces the constitutional development and legislative refinements of the right to counsel. It then considers judicial refinements of that right. The article concludes with a comparison of the Spanish process of articulating the right to counsel with the parallel process in the United States and what such differences bode for U.S. scholars.
A Government By Judges: An Historical Re-View, Michael Henry Davis
A Government By Judges: An Historical Re-View, Michael Henry Davis
Law Faculty Articles and Essays
In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Michigan Journal of International Law
This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Michigan Journal of International Law
This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Michigan Journal of International Law
Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Michigan Journal of International Law
This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Michigan Journal of International Law
This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.
Civil Defamation Law In The Soviet Union, Fred H. Cate
Civil Defamation Law In The Soviet Union, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr
The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr
Faculty Works
The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …
The Autonomy Of Law: Two Visions Compared, Richard O. Lempert
The Autonomy Of Law: Two Visions Compared, Richard O. Lempert
Book Chapters
During the past decade the effort to understand the place of the legal system in society has, in England and America, given rise to a renewed interest in the possibility of legal autonomy (Thompson, 1975; Balbus, 1973; 1977; Trubek, 1977). More recently, on the continent of Europe, especially in Germany, scholars have focused on an apparently radical form of autonomy — embodied in the idea of an autopoietic system — in an effort to understand how law functions (Luhmann, 1985 d; Teubner, 1984). These two approaches to understanding the legal system paint pictures that have much in common, but they …
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Articles
No abstract provided.
China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song
China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song
Articles by Maurer Faculty
No abstract provided.
De Facto Government, State Of Siege Powers, And Freedom Of The Press In Argentina, Robert D. Kartheiser
De Facto Government, State Of Siege Powers, And Freedom Of The Press In Argentina, Robert D. Kartheiser
University of Miami Inter-American Law Review
No abstract provided.
The Universal And The Particular In Legal Discourses, George P. Fletcher
The Universal And The Particular In Legal Discourses, George P. Fletcher
Faculty Scholarship
My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.
Apartheid And The South African Judiciary, Lawrence G. Baxter
Apartheid And The South African Judiciary, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Foreword, Donald P. Kommers
Foreword, Donald P. Kommers
Journal Articles
Professor Zeidler's article appears in the sixty-second volume of the Notre Dame Law Review, in English, for the first time. It is the most comprehensive and up-to-date treatment of the Federal Constitutional Court's decisional procedures to appear so far in an American law review. It should interest students of comparative constitutional law as well as American scholars alarmed by the United States Supreme Court's claims to finality or exclusivity in constitutional interpretation. By the use of certain decisional modes described by President Zeidler, the German Court provides the legislature with considerable leeway in meeting its constitutional obligations. In doing …
The European Community Depository Library System In North America, Timothy Kearley
The European Community Depository Library System In North America, Timothy Kearley
Timothy G. Kearley
This article describes the structure of the European Comminity and the history and nature of the Community's system of depostitory libraries. It then focuses on the Community's Depository Libraries, European Documentation Centres, and European Reference Centres in North America. The results of a survey the author sent to Each EC depository in the U.S. and Canada also are discussed.
Taking A Constitutional: A Walking Tour Of Boston's Constitutional History, Charles Baron
Taking A Constitutional: A Walking Tour Of Boston's Constitutional History, Charles Baron
Charles H. Baron
No abstract provided.
Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler
Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler
Thomas C. Kohler
No abstract provided.