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Full-Text Articles in Law
Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi
Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi
Georgia Journal of International & Comparative Law
For a long period of time, the golden standard in judicial fact-finding of criminal cases in the United States and many other countries has been the “Beyond a Reasonable Doubt” (BARD) standard – every person accused of a crime is presumed to be innocent unless, and until, his or her guilt is established beyond a reasonable doubt. The BARD standard’s undergirding principle is one of error distribution, where wrongful conviction of the innocent is a much greater wrong than failed conviction of the guilty. This concept was famously expressed by the English jurist William Blackstone in 1760s: “It is better …
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong
Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong
Pace International Law Review
This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some cultural …
The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner
The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner
Georgia Journal of International & Comparative Law
No abstract provided.
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Georgia Journal of International & Comparative Law
No abstract provided.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
Michigan Law Review
These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …
Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp
Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp
Michigan Journal of International Law
This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …
The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo
The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo
Maryland Series in Contemporary Asian Studies
No abstract provided.
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Michigan Law Review
The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …