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Comparative and Foreign Law

1999

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Articles 1 - 30 of 206

Full-Text Articles in Law

Assisted Dying, Charles Baron Aug 2013

Assisted Dying, Charles Baron

Charles H. Baron

No abstract provided.


Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow Dec 1999

Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow

Federal Communications Law Journal

Asia's telecommunications market has long been viewed as lucrative and fast growing. As the benefits of a competitive telecommunications market become apparent, many Asian governments recognize that global corporations require, and in fact demand, state-of-the-art telecommunications infrastructure. After several years of strong growth, however, the severe economic crisis that affected all industry segments in Asia caused investors to pause and reevaluate the risks involved in financing infrastructure projects. Despite the recent Asian economic crisis, the overall picture for Asian telecommunications infrastructure projects remains promising. Asian governments continue to liberalize their regulatory schemes, thus reducing regulatory and political risks to investors. …


Corruption And Legitimation Crises In Latin America, Ángel Oquendo Oct 1999

Corruption And Legitimation Crises In Latin America, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


The 1998 Argentine Labor Reform Act: A Perpetuation Of The "Incoherent State"?, Paul Keenan Oct 1999

The 1998 Argentine Labor Reform Act: A Perpetuation Of The "Incoherent State"?, Paul Keenan

University of Miami Law Review

No abstract provided.


International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye Oct 1999

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …


A New Start Calls For A Broadened Perspective, Nora V. Demleitner Oct 1999

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.


Grenztiberschreitendes (Internationales) Insolvenzrecht Dervereinigten Staaten Von Amerika Und Der Bundesrepublik Deutschland (Cross-Border Bankruptcy Law Of The United States And Germany), By Edgar J. Habscheid, Hannah Buxbaum Oct 1999

Grenztiberschreitendes (Internationales) Insolvenzrecht Dervereinigten Staaten Von Amerika Und Der Bundesrepublik Deutschland (Cross-Border Bankruptcy Law Of The United States And Germany), By Edgar J. Habscheid, Hannah Buxbaum

Indiana Journal of Global Legal Studies

No abstract provided.


An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry Oct 1999

An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry

Faculty Scholarly Works

This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …


Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam Sep 1999

Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam

Buffalo Women's Law Journal

No abstract provided.


South Africa's Medicines And Related Substances Control Amendment Act: A Spoonful Of Sugar Or A Bitter Pill To Swallow?, David Benjamin Snyder Sep 1999

South Africa's Medicines And Related Substances Control Amendment Act: A Spoonful Of Sugar Or A Bitter Pill To Swallow?, David Benjamin Snyder

Penn State International Law Review

No abstract provided.


Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker Sep 1999

Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker

Penn State International Law Review

No abstract provided.


Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo Sep 1999

Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo

Washington International Law Journal

This Article reviews the developing Chinese law pertaining to real estate mortgage loans with a focus on the questions that an American practitioner might have about the Chinese system. It identifies those areas of difference between the American and Chinese systems that might raise concerns for an American practitioner. Attention is given to issues of concern both to parties functioning as lenders and to parties functioning as borrowers or investors in mortgaged property. Although Chinese lawmakers have made major steps in recent years to provide clarity and predictability in the laws pertaining to mortgages, some of these laws have minor …


The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham Sep 1999

The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham

Washington International Law Journal

The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …


Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel Sep 1999

Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel

Washington International Law Journal

The United Nations has decreed that access to a variety of methods of birth control is a basic human right, that prevention of pregnancy, not termination, is the goal of birth control, and that abortion is an unacceptable method of birth control. Until recently, condoms and the rhythm method were the only legal forms of contraception in Japan. The high failure rates of these methods, coupled with access to abortion on demand, made abortion the de facto primary method of birth control in Japan. The Japanese government's recent decision to end the ban on oral contraceptives will reduce the number …


Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung Sep 1999

Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung

Washington International Law Journal

In the wake of the post-Soviet privatization in the Russian Federation, corruption and organized crime have flourished, contributing to capital flight, economic instability, and the collapse of Russia's financial system. Over the same period, Russian legislators have worked to reform the legal system in order to facilitate their country's transition to democracy and the rule of law. In 1997, legislative efforts led to the enactment of a new criminal code that emphasizes the rights of the individual as opposed to the power of the government. More recently, several draft bills targeting money laundering activities and banking reform have been introduced …


Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo Sep 1999

Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo

Washington International Law Journal

The last twenty years of Chinese legal reforms have been particularly interesting to scholars and activists alike. During this period, Chinese legal reforms have moved from purely substantive changes in economic laws to the realm of domestic structural reforms of the court system. Today, legal reformers are discussing the use of open trials, adversarial advocacy, and even judicial independence. This Article explores how far some of these reforms may go by considering the path of structural and procedural changes adopted by the Chinese courts in the past twenty years. It includes an analysis of the tension faced by all legal …


The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham Sep 1999

The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham

Washington International Law Journal

The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …


Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy Jul 1999

Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy

Law Faculty Scholarly Articles

Statutory interpretation is the process of discerning the meaning of legislation, and U.S. law has permitted courts to find meaning through a variety of often contradictory interpretive approaches. As a result, U.S. litigants often are uncertain about the interpretive approach a court will apply to a statute, even though the choice of the interpretive approach may determine the outcome of the litigation. Until the recent decision in Pepper (Inspector of Taxes) v. Hart, English approaches to statutory interpretation were more circumscribed because English courts foreclosed the intentionalist approach. This Article considers the impact that Pepper has had on statutory …


Managed Care Regulation: Can We Learn From Others? The Chilean Experience, Timothy Stoltzfus Jost Jul 1999

Managed Care Regulation: Can We Learn From Others? The Chilean Experience, Timothy Stoltzfus Jost

University of Michigan Journal of Law Reform

Because the United States relies on private insurance for financing health care to a much greater degree than do other nations, and because managed care as a form of private insurance is further developed in the United States than elsewhere, it is arguable that we have little to learn from other nations about managed care regulation. This Article tests this hypothesis with respect to Chile, a country where private insurance is widespread and managed care is emerging. It concludes that by studying the experience of other nations we might gain a larger perspective on the context of our concerns in …


Assisted Dying, Charles Baron Jun 1999

Assisted Dying, Charles Baron

Charles H. Baron

No abstract provided.


Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …


The Publicness Of Private Land Use Controls, Gregory S. Alexander May 1999

The Publicness Of Private Land Use Controls, Gregory S. Alexander

Cornell Law Faculty Publications

Real burdens, or land-use "servitudes" as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, …


Co-Operation Between Regulators And Law Enforcement: N Regulators And Law Enforcement:, Daniel P. Murphy May 1999

Co-Operation Between Regulators And Law Enforcement: N Regulators And Law Enforcement:, Daniel P. Murphy

Penn State International Law Review

No abstract provided.


Sound The Trumpets! Quebec Is Shouting, "Victory!" Despite The Canadian Supreme Court's Denial Of Unilateral Secession, Elizabeth L. Wiltanger May 1999

Sound The Trumpets! Quebec Is Shouting, "Victory!" Despite The Canadian Supreme Court's Denial Of Unilateral Secession, Elizabeth L. Wiltanger

Penn State International Law Review

No abstract provided.


Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos May 1999

Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos

BYU Law Review

No abstract provided.


Antecedents, Perspectives, And Projections Of A Legal Project About Religious Liberty In Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco May 1999

Antecedents, Perspectives, And Projections Of A Legal Project About Religious Liberty In Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco

BYU Law Review

No abstract provided.


Political Minorities And The Right To Tolerance: The Development Of A Right To Conscientious Objection In Constitutional Law, Jose De Sousa E Brito May 1999

Political Minorities And The Right To Tolerance: The Development Of A Right To Conscientious Objection In Constitutional Law, Jose De Sousa E Brito

BYU Law Review

No abstract provided.


Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii May 1999

Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii

BYU Law Review

No abstract provided.


Silencing The Guns In Haiti, Elizabeth Mensch Apr 1999

Silencing The Guns In Haiti, Elizabeth Mensch

Buffalo Law Review

Book review of Irwin Stotzky's Silencing the Guns in Haiti: The Promise of Deliberative Democracy


Corporate Nonrecognition Provisions: A Comparison Of The U.S. And Canadian Tax Regimes, Catherine Brown, Christine Manolakas Apr 1999

Corporate Nonrecognition Provisions: A Comparison Of The U.S. And Canadian Tax Regimes, Catherine Brown, Christine Manolakas

Dalhousie Law Journal

This article compares the rules governing the federal income taxation of corporate reorganizations in Canada with those in the United States, including transfers of property to a corporation, corporate divisions, share-for-share exchanges, amalgamations or mergers, recapitalizations, and corporate dissolutions. The paper outlines the provisions governing a particulartype of corporate transaction, compares the Canadian tax results with those of the United States, comments on any differences between particular tax provisions, and examines the practical implications of these differences. The authors conclude that although there are a number of parallels between the U.S. and Canadian tax systems, fundamental differences exist that change …