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Articles 1 - 7 of 7
Full-Text Articles in Law
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Maine Law Review
Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for the …
The Use Of American Precedents In Canadian Courts, Gerard V. La Forest
The Use Of American Precedents In Canadian Courts, Gerard V. La Forest
Maine Law Review
In 1849, the Supreme Court of New Brunswick faced the issue of whether there was a public right to float logs on navigable streams. Not surprisingly, no general right was found in the English common law as large scale floating of lumber down rivers did not exist in England. “Yet in a young country like Canada, the right to float logs and timber was an economic necessity in many areas and some device had to be found to make the activity legal.” To find that legal device, the New Brunswick court turned to the United States, specifically to Maine, and …
A Comparison Of Constitutionalism In France And The United States, Martin A. Rogoff
A Comparison Of Constitutionalism In France And The United States, Martin A. Rogoff
Maine Law Review
In the American legal system, the Constitution is the fundamental legal document. All law, and in fact any exercise of public power in any form, is evaluated for validity by constitutional standards. The Constitution deals with such crucially important matters as the structure and operation of government and the fundamental rights of the governed. The Constitution is also the most important symbol of American national life and the perceived repository of the most cherished values of the American people. In France, in marked contrast, a comprehensive code of private law, the Code civil, has for a long time occupied a …
Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Maine Law Review
In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for a …
Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn
Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn
Maine Law Review
Predicting the ways in which feminisms might develop in the next century is unfortunately well beyond my own capabilities. In the next decade or two, however, one thing I believe we might want to think about are the relationships between feminisms and global free market capitalisms. The question I am asking, simply stated, is the extent to which economic development (free-market global capitalism) advances, is neutral toward, or harms women. One traditional American way of viewing the global free market is to tout economic development as a panacea for the problems facing the world's poorest and most violated group, women. …
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Maine Law Review
After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as a …
Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen
Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen
Maine Law Review
In 1992, Professor Elisha Qimron of Ben Gurion University in Be'er Sheva, Israel, brought suit against the editors and publisher of A Facsimile Edition of the Dead Sea Scrolls, a complete set of photographs of the scrolls, for copyright infringement and the tort of mental anguish asking for approximately $250,000 in damages. The case centered on an appendix of the book which included a portion of a scroll text, Misgat Ma'Aseh ha-Torah—Some Rulings Pertaining to the Torah (MMT), reconstructed by Qimron. MMT consists of 121 lines of text, and Qimron's reconstruction—referred to in the suit as the Compiled Text (CT)—consisted …