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Articles 9721 - 9750 of 13702
Full-Text Articles in Law
Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez
Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez
University of Miami International and Comparative Law Review
No abstract provided.
The Art And Science Of Critical Scholarship: Postmodernism And International Style In The Legal Architecture Of Europe, Ugo Mattei
Faculty Scholarship
No abstract provided.
An Oasis Or Just A Mirage: The Jericho Casino And The Future Of The Israeli-Palestinian Peace Process, Edward B. Miller
An Oasis Or Just A Mirage: The Jericho Casino And The Future Of The Israeli-Palestinian Peace Process, Edward B. Miller
Richmond Journal of Global Law & Business
More than seven years have passed since the signing of the historic peace agreement between Israel and the Palestine Liberation Organization (“P.L.O.”). While the final borders and powers of a Palestinian State are still being discussed by the parties to the agreement, the fact of Palestinian autonomy is an irreversible reality. As such, the Israeli military occupation of the West Bank and the Gaza Strip has slowly been giving way to a self-governing Palestinian body which now administers most of the territories and nearly all of the Palestinian who reside therein.
Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin
Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin
Richmond Journal of Global Law & Business
No abstract provided.
The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell
The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell
Richmond Journal of Global Law & Business
Why is it that when the reigning ideology governing the expansion of “free trade” is anti-regulatory”, all agree that the movement of people, or rather laborers, must be carefully regulated? Indeed, why are borders strengthened for people just as states of the Western Hemisphere embark on a thorough reconfiguration, and even a dismantling, or borders for capital and goods.
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
UIC Law Review
No abstract provided.
Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer
Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer
Scholarly Articles
This piece focuses on recent global legislative initiatives designed to establish a legal framework supporting electronic signatures. As many governments worldwide increasingly seek to encourage the growth of e-commerce, the enactment of such legislation has become a priority.
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
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Will Retrocession To A Communist Sovereign Have A Detrimental Effect On The Emphasis And Enforcement Of Laws Protecting Hong Kong's Environment?: The Czech Experience As Contraposition, J. Cameron Thurber
Florida State University Journal of Transnational Law & Policy
No abstract provided.
China's One Country, Two Systems Paradigm Extends Itself Beyond The Mainland's Borders To The Southern Provincial Government Of Hong Kong, William I. Friedman
China's One Country, Two Systems Paradigm Extends Itself Beyond The Mainland's Borders To The Southern Provincial Government Of Hong Kong, William I. Friedman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Policy Considerations In Determining The Habitual Residence Of A Child And The Relevance Of Context, Rhona Schuz
Policy Considerations In Determining The Habitual Residence Of A Child And The Relevance Of Context, Rhona Schuz
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Evolution Of Codification In The Civil Law Legal Systems: Towards Decodification And Recodification, Maria Luisa Murillo
The Evolution Of Codification In The Civil Law Legal Systems: Towards Decodification And Recodification, Maria Luisa Murillo
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman
Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
Articles & Chapters
As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …
Miranda In Comparative Law, Stephen C. Thaman
Miranda In Comparative Law, Stephen C. Thaman
All Faculty Scholarship
Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
All Faculty Scholarship
This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
Michigan Journal of International Law
This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe. It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory regimes.
Three Nearly Sacred Books In Western Law, George P. Fletcher
Three Nearly Sacred Books In Western Law, George P. Fletcher
Faculty Scholarship
We American lawyers pride ourselves on the secular nature of our legal system. We celebrate the separation of Church and State. We think that the moving spirit of the law is to be found not in eternal truths about the universe but in the contingent needs of social and economic policy. "The life of the law has not been logic: it has been experience," said Oliver Wendell Holmes, Jr., in a sentence that since 1881 has broadcast to every new generation of lawyers the pragmatic foundations of their craft.
We assume that we have little in common with the great …
Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias
Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias
University of Miami International and Comparative Law Review
No abstract provided.
Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg
University of Miami International and Comparative Law Review
No abstract provided.
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.
The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks
The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks
Michigan Journal of International Law
Despite many indications of an emerging transnational consensus on the scope of human rights law, fundamental disagreements persist. These disagreements are, in many respects, structured around important cleavages in the international community such as: North/South, East/West, and capitalist/socialist. Whether these cleavages are understood as cultural, economic, or political, international lawyers must develop a better understanding of the specific practices that generate divergent interpretations of human rights standards. Without such an understanding, these factions seem to underscore an irreducibly political conception of human rights. Indeed, the prospects of a global "community of law" turn on the degree to which fundamental differences …
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
Michigan Journal of International Law
This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.
Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver
Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Intellectual Property, Electronic Commerce And The Preliminary Draft Hague Jurisdiction And Judgments Convention, Ronald A. Brand
Intellectual Property, Electronic Commerce And The Preliminary Draft Hague Jurisdiction And Judgments Convention, Ronald A. Brand
Articles
On October 30, 1999, a Special Commission of the Hague Conference on Private International Law adopted a Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters ("Preliminary Draft Convention," or "PDC") which was further developed in June of 2001.Originally scheduled for a final diplomatic conference in the fall of 2000, the negotiating process was delayed as a result of serious questions raised about the draft language.
After a discussion of the history of the convention, this paper presents a review of the Preliminary Draft Convention text, describing its structure and scope. It then provides a focus …
Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue
Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue
All Faculty Publications
This article probes the complexities surrounding trying to match law school curriculum with the needs of students intent on careers in the practice of law. It pursues the issue in three stages: 1) an assessment of a contemporary back to basics critique of legal education; 2)an empirical evaluation of actual student experiences and course selections at a major North American law school over the course of a decade; 3) an assessment of the 'fit' between existing legal education and the likely needs of future practitioners.
Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue
Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue
All Faculty Publications
During the past two decades a new, global, legal professionalism has manifested itself in the field of legal education through a variety of programmes seeking to produce globally-aware or globally-connected lawyers. This paper explores the diverse meanings of globalization and legal education with particular attention to the differential effects of globalization and the varied experiences of it in different parts of the world. Taking its starting point from a Nigerian graduate student's insight that globalization means 'The White Man is Coming again'. What does he want this time?, he explores both American and international perspectives.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez
U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez
Scholarly Articles
This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …
Comparing The General Good Faith Provisions Of The Pecl And The Ucc: Appearance And Reality, Harry Flechtner
Comparing The General Good Faith Provisions Of The Pecl And The Ucc: Appearance And Reality, Harry Flechtner
Articles
"Good faith" is a notoriously amorphous and variable concept. Thus it is the interpretation and application of the concept that provides the most important points of comparison for the good faith provisions of the Principles of European Contract Law ("PECL") and the Uniform Commercial Code ("UCC") . The UCC has been in force since the 1950's, and its good faith provisions have been applied in hundreds of cases. In contrast, the PECL is a new phenomenon and its good faith rules have not been applied to actual cases. The comment to PECL Article 1:201, however, includes five concrete illustrations of …