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Articles 1 - 30 of 207
Full-Text Articles in Law
The American Patients' Rights Movement And Bloodless Surgery, Charles Baron
The American Patients' Rights Movement And Bloodless Surgery, Charles Baron
Charles H. Baron
No abstract provided.
Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron
Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron
Charles H. Baron
No abstract provided.
Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron
Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron
Charles H. Baron
No abstract provided.
Roman Law And The Armenian Draft Civil Code, Alan Watson
Roman Law And The Armenian Draft Civil Code, Alan Watson
Popular Media
Professor Watson served along with other eminent scholars as a consultant to the drafters of the Armenian Code. This article is condensed from his book: Ancient Law and Modern Understanding: At the Edges.
Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron
Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron
Charles H. Baron
No abstract provided.
Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry
Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry
University of Michigan Journal of Law Reform
The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
Publications
This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …
No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage
No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage
Law Faculty Research Publications
No abstract provided.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Publications
The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …
Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles
Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles
In the Public Interest
No abstract provided.
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Penn State International Law Review
No abstract provided.
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Penn State International Law Review
No abstract provided.
Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson
Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson
Scholarly Works
To the outsider, a foreign legal system may at times appear irrational, with a belief in the efficacy, usually with supernatural assistance, of curses, oaths and ordeals, and that animals may properly be punished, even restrained from anti-human behaviour, after a criminal trial. But caution must be exercised. There may be little real belief that the deity will intervene-for instance, that the ordeal will reveal guilt or innocence. Rather, the society may be faced with an intolerable problem, with no reasonable solution, and the participants may resort to extraordinary legal measures as a "Last Best Chance", or "The Second Best". …
China Must Not "Wait Until The Evening": Resisting Mass Motorization's Assault On Bicycles And Mass Transit, Adam Karp
Washington International Law Journal
China, and other developing nations, stand at a transportation planning crossroads—whether to follow the American highway/privatized motorization model or to optimize their existing mass transit/nonmotorized transportation model. This Comment charts the history of transportation development in China and indicates its destination in light of China's recent embrace of the car industry as a "pillar" of the nation's economy. It then considers motor vehicles' adverse effects, and assesses the value of mass and nonmotorized transportation as viable alternatives. In order to stall or reverse a process not supported wholeheartedly by the Chinese citizenry, this Comment determines whether China's internal city planning …
Why Taiwan Is Not Hong Kong: A Review Of The Prc's "One Country Two Systems" Model For Reunification With Taiwan, Sean Cooney
Why Taiwan Is Not Hong Kong: A Review Of The Prc's "One Country Two Systems" Model For Reunification With Taiwan, Sean Cooney
Washington International Law Journal
This article critically examines the "One Country Two Systems" model (OCTS) developed by the People's Republic of China (PRC) for achieving the reunification of Taiwan. The model is in many respects the same as that already applied in Hong Kong. The PRC promises that under OCTS, the Taiwanese will enjoy a "high degree of autonomy", be "masters in their own house" and maintain their way of life. However, in contrast to the people of Hong Kong, who have never enjoyed full democracy, the Taiwanese have achieved a much greater degree of autonomy and accountability than is possible under OCTS. The …
Cultural Differences In The Crusade Against International Bribery: Rice-Cake Expenses In Korea And The Foreign Corrupt Practices Act, Joongi Kim, Jong Bum Kim
Cultural Differences In The Crusade Against International Bribery: Rice-Cake Expenses In Korea And The Foreign Corrupt Practices Act, Joongi Kim, Jong Bum Kim
Washington International Law Journal
The expanding global movement against overseas bribery has emerged as one of the foremost issues in international trade. This paper explores the complex issues surrounding this multilateral anti-bribery movement, particularly focusing on one of the central concerns at the heart of this debate: what type of different cultural perspectives and legal traditions exists regarding questionable payments and whether they need to be respected. This study approaches this subject by discussing how the Korean legal system distinguishes between permissible gifts such as "rice-cake expenses" and illicit payments. In the process, the new legal interpretations that were developed by the Korean judiciary …
The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe
The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe
Washington International Law Journal
As early as 1983, Japan's Health and Welfare Ministry had reason to know that the use of unheated blood products by hemophiliacs was infecting them with HIV, the AIDS virus. Although heated-and safe-blood products were already available from the United States, government approval in Japan was deliberately delayed for almost three years while local pharmaceutical companies developed the products. By the time the unheated blood products were all withdrawn from the market, many of Japan's hemophiliacs had contracted HIV. A number of them, or their survivors, sued the government and the pharmaceutical companies. At the end of the consolidated trials, …
The Garbage Smuggling Case: Judgment Of Division One Of The Shanghai Municipal Intermediate Level People's Court January 13, 1997, Janice Wingo
Washington International Law Journal
The American press has reported on the arrest and trial of William Ping Chen for the importation of garbage into China, alleging that he is a pawn in Sino-American relations. Whatever the political background, the decision of the Shanghai Municipal Intermediate Level People's Court shows that this case was decided according to established rules of law.
Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii
Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii
Washington International Law Journal
With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …
Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa
Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa
Washington International Law Journal
Due to Northeast Asia's increasing energy demand, the Russian Far East's immense oil and gas reserves, and the close physical proximity between the two regions, international petroleum companies are exploring Russia's offshore petroleum reserves in the Far East. The Russian offshore industry, however, presents foreign investors with many legal uncertainties including exposure to environmental liabilities. This Comment suggests that Russia's environmental regulatory system, which includes a constitutional right to a healthy environment, presents international petroleum companies with a new set of circumstances to which they must adapt if Russian reserves are to satisfy Northeast Asia's rising energy needs. To do …
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Faculty Publications
No abstract provided.
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Michigan Telecommunications & Technology Law Review
National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …
Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith
Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith
Penn State International Law Review
No abstract provided.
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Penn State International Law Review
No abstract provided.
On The Trail Of A Spectre-Destabilisation Of Developing And Transitional Economics: A Case Study Of Corruption In Nigeria, Ryan James
Penn State International Law Review
No abstract provided.
Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar
Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar
Penn State International Law Review
No abstract provided.
The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug
Penn State International Law Review
No abstract provided.
The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young
The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young
Penn State International Law Review
No abstract provided.
The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo
The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Public Discourse In Contemporary Germany, Edward J. Eberle
Public Discourse In Contemporary Germany, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.