Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 9211 - 9240 of 13733

Full-Text Articles in Law

Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav Jan 2003

Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav

Assaf Likhovski

No abstract provided.

Go to article

. Countenancing The Oppression Of Women: How Liberals Tolerate Religious And Cultural Practices That Discriminate Against Women, Gila Stopler Jan 2003

. Countenancing The Oppression Of Women: How Liberals Tolerate Religious And Cultural Practices That Discriminate Against Women, Gila Stopler

Gila Stopler

In recent years the notion that religious and cultural practices should be accommodated even at the cost of relinquishing the protection of women’s rights has been gaining prominence and many abuses of women’s rights have been dismissed as justified and inevitable. In this article I argue that the accommodation of religious and cultural practices that discriminate against women is misguided and unjust. While religious and cultural practices can no longer serve as justification for discrimination on the basis of race, ethnicity and religion they still serve as the most prevalent justification for sex discrimination. The article analyzes this discrepancy, as …

Go to article

The Fusades Strategy For El Salvador: Priority Areas For Judicial Reform And The Problem Of Corruption, Tamara Lothian Jan 2003

The Fusades Strategy For El Salvador: Priority Areas For Judicial Reform And The Problem Of Corruption, Tamara Lothian

Tamara Lothian

No abstract provided.

Go to article

Liability For Pure Financial Loss In Europe: An Economic Restatement, Mauro Bussani, Vernon V. Palmer, Francesco Parisi Jan 2003

Liability For Pure Financial Loss In Europe: An Economic Restatement, Mauro Bussani, Vernon V. Palmer, Francesco Parisi

Mauro Bussani

As generally understood in the law and economics literature, the economic loss rule states that a plaintiff cannot recover damages for a pure financial loss. The comparative study of the recoverability in tort of pure economic losses, however, reveals that the recognition and significance attributed to the economic loss rule and to the notion of "economic loss" varies considerably across Western legal systems. This paper therefore revisits recent findings of comparative law about the recoverability of pure economic losses, and demonstrates that legal notions of pure economic loss encompass several types of situations, with little or no correspondence with the …

Go to article

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner Jan 2003

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

Go to article

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin Jan 2003

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu Jan 2003

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Rebuilding Accountability In The Boardroom, Stephen M. Davis Jan 2003

Rebuilding Accountability In The Boardroom, Stephen M. Davis

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Emergence Of A Private Banking Sector In The Czech Republic, Phillip M. Stupak Jan 2003

Emergence Of A Private Banking Sector In The Czech Republic, Phillip M. Stupak

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Corporate Governance In The Sultanate Of Oman, Ellen Kerrigan Dry Jan 2003

Corporate Governance In The Sultanate Of Oman, Ellen Kerrigan Dry

Richmond Journal of Global Law & Business

While the United States’ capital market has had its headline-grabbing scandals involving companies such as World Com and Entron, the capital markey in the Sultanate of Oman (Oman) has also experienced its share of corporate troubles affecting not onlt large Omani companies such as National Rice Mills SAOG and Oman National Investment Company Holdings SAOG, but also dozens of smaller companies, which have had to turn to the government to assistance.

Go to article

Comparative And International Health Law, Timothy Stoltzfus Jost Jan 2003

Comparative And International Health Law, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

Go to article

A Comparative Look At Anti-Stalking Legislation In The United States And Japan, Nga B. Tran Jan 2003

A Comparative Look At Anti-Stalking Legislation In The United States And Japan, Nga B. Tran

UC Law SF International Law Review

Even with anti-stalking laws in place in the United States, the persistence of stalking crimes is alarming. Providing victims with maximum protection under a legal system requires drafting constitutionally valid statutes, mandatory police education and training on the subject and prevention and early intervention. In addition, comparing the anti-stalking laws in the United States with the newly implemented anti-stalking laws in Japan, which have been very effective in curbing the activities of stalkers, leads to the conclusion that anti-stalking laws in the U.S. should incorporate many of Japan's victim-oriented measures.

Go to article

Roles Of Judges And Attorneys Under The Non-Sanction Scheme In Japanese Civil Procedure, Koichi Miki Jan 2003

Roles Of Judges And Attorneys Under The Non-Sanction Scheme In Japanese Civil Procedure, Koichi Miki

UC Law SF International Law Review

In many jurisdictions, the roles of judges and attorneys in modern civil procedure are becoming multi-faceted and, accordingly, more and more complex. This paper outlines the Japanese situation, focusing on the most recent reform of the Japanese Code of Civil Procedure (the New Code), which occurred in 1996. The reform introduced several innovative devices, none of which contained sanction provisions for implementation or enforcement of their legal effect. The inclination towards non-sanction schemes of this kind reflects the recent trend in reforms. The non-sanction scheme inevitably has an influence on the roles of judges and attorneys. Therefore, it is necessary …

Go to article

The Professional In Legal Education: Foreign Perspectives, James Maxeiner Jan 2003

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

Go to article

Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman Jan 2003

Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

The Economics Of Uniform Laws And Uniform Law Making, John Linarelli Jan 2003

The Economics Of Uniform Laws And Uniform Law Making, John Linarelli

Scholarly Works

Uniform law making has a substantial history in the twentieth century. It seems to be continuing with some force into the twenty-first century. A significant American law and economics literature, however, questions its merit. By contrast, there have been limited rational choice oriented investigations of unification or centralization of law in Europe. Critics of the uniform law movement in the United States use methods of analysis influenced by public choice theory, political economics and positive political theory. The paper does not call into question the methods and assumptions of these approaches. The paper claims that economic analysis supports public policy …

Go to article

Introduction To The Maritime Law Forum, Craig H. Allen Jan 2003

Introduction To The Maritime Law Forum, Craig H. Allen

Washington International Law Journal

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …

Go to article

Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu Jan 2003

Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu

Washington International Law Journal

The subject of this article is the so-called "first constitutional case" in China. The Qi Yuling case is, in a sense, the very first time since the foundation of the People's Republic of China that constitutional provisions have been directly invoked by the Supreme People's Court in a civil lawsuit to protect a citizen's right to receive education, one of the fundamental rights protected by the Constitution. The Qi Yuling case, therefore, has given rise to much discussion on issues of judicial interpretation of the Constitution and the Constitution's application in the private domain, as well as the institution of …

Go to article

Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost Jan 2003

Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Go to article

The Right Of Abode Cases: Hong Kong's Constitutional Crisis, Anne R. Fokstuen Jan 2003

The Right Of Abode Cases: Hong Kong's Constitutional Crisis, Anne R. Fokstuen

UC Law SF International Law Review

This note examines the relationship between the Hong Kong Special Administrative Region ("HKSAR") and the People's Republic of China ("PRC") after the handover, and focuses on recent Court of Final Appeals ("CFA") decisions involving the interpretation of Hong Kong's Constitution, the Basic Law, in the "right of abode" context. The author analyzes the most recent decisions in the context of the unacknowledged political balancing act required by the judiciary in post handover Hong Kong and explores the outlook for the "one country, two systems" framework set up at the time of the handover.

Go to article

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften Jan 2003

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften

UC Law SF International Law Review

An analysis of the Japanese military and its relationship with the United States military necessarily involves an analysis of historical events, legal issues and international law. Specifically, it involves a detailed examination of the United States' post-war occupation of Japan and the new U.S.-drafted Japanese constitution that followed; of the intricacies of that constitution, including its renunciation of the right to belligerency or to maintenance of armed forces; of internal and external pressures to amend or reinterpret that constitution; of practical realities such as diplomacy, self defense and economic growth; of the legitimacy of a document called a constitution, for …

Go to article

The Origin And Emergence Of International Environmental Norms, Armin Rosencranz Jan 2003

The Origin And Emergence Of International Environmental Norms, Armin Rosencranz

UC Law SF International Law Review

In this symposium essay, I intend to explore the origins and influence of international environmental norms. I believe I can identify twenty norms as either prevailing or rising norms of global environmental law: sic utere tuo ut alienum non laedas (use your property so that the property of others is not damaged); subsidiarity; cultural diversity; the environment is a human right; the common heritage of humankind; environmental impact assessment; intergenerational equity; state sovereignty; the polluter pays principle; active role of civil society and NGOs; notification and consultation; equal access to justice; monitoring, reporting and disclosure; sustainable development; the precautionary principle; …

Go to article

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion Jan 2003

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion

UC Law SF International Law Review

Although environmental rights are not explicitly enumerated in the Universal Declaration of Human Rights, it has become generally recognized that environmental rights are closely linked with the right to life, which is the most fundamental jus cogens norm, without which no other rights can be exercised. As the environmental crisis has accelerated in the nineteenth and twentieth centuries, constitutional drafters around the globe have explicitly enshrined in their constitutions some form of obligation to protect the environment or other environmental rights. Consequently, states have come to realize the existence of a duty to prevent grave environmental destruction, particularly in the …

Go to article

Reining In The American Litigator: The New Role Of American Judges, Richard L. Marcus Jan 2003

Reining In The American Litigator: The New Role Of American Judges, Richard L. Marcus

UC Law SF International Law Review

The American lawyer has long seemed unique in the world-almost a cowboy figure doing justice against the odds. The American judge, on the other hand, has remained a background figure, rarely taking the initiative and serving instead as a passive, impartial umpire in the contest of the lawyers. During the last half-century, however, the latitude accorded the American lawyer has increasingly been reined in by American judges. Although there has been resistance to this trend, it shows no signs of abating. This paper begins with a very general sketch of the role of attorneys in U.S. society and government, and …

Go to article

The Multiple Roles Of Judges And Attorneys In Modern Civil Litigation, Astrid Stadler Jan 2003

The Multiple Roles Of Judges And Attorneys In Modern Civil Litigation, Astrid Stadler

UC Law SF International Law Review

In contrast to the U.S. adversary system, the great influence of the judge on the conduct of litigation in continental Europe, especially in Germany, is based upon a different understanding of the relationship between the state and its citizens. Based upon historical experience, especially under German law, judges have great constitutionally-based independence. The German Civil Procedure Rules Act had as its goals the reform of the German civil procedure remedy system, the development of a more consumer-friendly, efficient and transparent civil procedure, the encouragement of faster trials and the increase of court-directed settlements. It is still too early for a …

Go to article

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine Jan 2003

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

Articles

The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …

Go to article

Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr Jan 2003

Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr

Michigan Journal of Race and Law

In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …

Go to article

Continuing Fictions Of Latin American Law, Jorge L. Esquirol Jan 2003

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Go to article

Corporate Governance In The Emerging Markets Of The Global Village: Latin And South America, Rhoda Karpatkin Jan 2003

Corporate Governance In The Emerging Markets Of The Global Village: Latin And South America, Rhoda Karpatkin

Richmond Journal of Global Law & Business

Corporate governance scandals in America have focused public attention once again on global governance issues. Issues that are not solely corporate or business concerns, they have become public, political, and ethical concerns. They have become economic concerns, particularly due to the erosion of public confidence in the integrity of corporate leadership and the institutions that are charged with their oversight.

Go to article

Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley Jan 2003

Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley

Richmond Journal of Global Law & Business

On July 30, 2002, in an effort to demonstrate to the American public a resolve to crack down on corporate scandals such as Enron, Adelphia, WorldCom, and Global Crossing, President Bush signed into law the “Sarbanes-Oxley Act of 2002”. Proclaiming that the new law will restore investor confidence, reform the oversight of public accounting and increase the transparency of corporate financial statements…

Go to article

First Prev Next Last