Law Commons^™

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

University of Miami Inter-American Law Review

No abstract provided.

Executive Fraud And Canada's Regulation Of Executive Compensation, Bo James Howell

University of Miami Inter-American Law Review

No abstract provided.

Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner

All Faculty Scholarship

This paper addresses the importance of comparative legal methods for study of comparative procedure.

Consumer Protection And Social Methods Of Continental And Anglo-American Contract Law And The Transnational Outlook, Andreas Maurer

Indiana Journal of Global Legal Studies

Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals related to equality between private parties, and a deep distrust of state intervention and market regulation. With the rise of private sources for transnational commercial standards and practices, there is an opportunity for states to facilitate selfregulation in lieu of producing public substantive regulations. This approach seems to satisfy a well-established need for consumer protection without exacerbating government intervention in …

Changing Contract Lenses: Unexpected Supervening Events In English, New Zealand, U.S., Japanese, And International Sales Law And Practice, Luke Nottage

Indiana Journal of Global Legal Studies

This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic formality to identify another important contrast between the laws of these countries. It also discusses how CISG and UPICC fit in to this spectrum. The article concludes by questioning "strong convergence" theory in commercial law worldwide.

Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006

Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner

All Faculty Scholarship

Americans are resigned to a high level of legal indeterminacy. This Article shows that Europeans do not accept legal indeterminacy and instead have made legal certainty a general principle of their law. This Article uses the example of the German legal system to show how German legal methods strive to realize this general European principle. It suggests that these methods are opportunities for Americans to develop their own system to reduce legal indeterminacy and to increase legal certainty.

Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor

Tamara Lothian

No abstract provided.

Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Egypt: Criminal Procedure, Sadiq Reza

Faculty Scholarship

This chapter presents the criminal-procedure law of Egypt according to the sources of that law: the 1971 Constitution, the 1950 Code of Criminal Procedure, the 1958 Emergency Law, and other legislation; decisions by the Supreme Constitutional Court (SCC), the Court of Cassation, and other organs of the Egyptian judiciary; and administrative and executive regulations. Included are references to controversial aspects of this law and its practice, such as the use of military courts, state security courts, and emergency courts and powers. The chapter thus serves as an introduction to modern Egyptian criminal procedure and a reference source for scholars and …