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Comparative and Foreign Law

1997

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Full-Text Articles in Law

Roman Law And The Armenian Draft Civil Code, Alan Watson Nov 1997

Roman Law And The Armenian Draft Civil Code, Alan Watson

Popular Media

Professor Watson served along with other eminent scholars as a consultant to the drafters of the Armenian Code. This article is condensed from his book: Ancient Law and Modern Understanding: At the Edges.

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Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry Oct 1997

Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry

University of Michigan Journal of Law Reform

The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …

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An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave Oct 1997

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave

Publications

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …

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No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage Oct 1997

No Place To Call Home: Stateless Vietnamese Asylum Seekers In Hong Kong, Rachel Settlage

Law Faculty Research Publications

No abstract provided.

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Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong Oct 1997

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Publications

The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …

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Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles Sep 1997

Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles

In the Public Interest

No abstract provided.

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Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi Sep 1997

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review

No abstract provided.

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Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont Sep 1997

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review

No abstract provided.

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Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson Sep 1997

Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson

Scholarly Works

To the outsider, a foreign legal system may at times appear irrational, with a belief in the efficacy, usually with supernatural assistance, of curses, oaths and ordeals, and that animals may properly be punished, even restrained from anti-human behaviour, after a criminal trial. But caution must be exercised. There may be little real belief that the deity will intervene-for instance, that the ordeal will reveal guilt or innocence. Rather, the society may be faced with an intolerable problem, with no reasonable solution, and the participants may resort to extraordinary legal measures as a "Last Best Chance", or "The Second Best". …

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China Must Not "Wait Until The Evening": Resisting Mass Motorization's Assault On Bicycles And Mass Transit, Adam Karp Jul 1997

China Must Not "Wait Until The Evening": Resisting Mass Motorization's Assault On Bicycles And Mass Transit, Adam Karp

Washington International Law Journal

China, and other developing nations, stand at a transportation planning crossroads—whether to follow the American highway/privatized motorization model or to optimize their existing mass transit/nonmotorized transportation model. This Comment charts the history of transportation development in China and indicates its destination in light of China's recent embrace of the car industry as a "pillar" of the nation's economy. It then considers motor vehicles' adverse effects, and assesses the value of mass and nonmotorized transportation as viable alternatives. In order to stall or reverse a process not supported wholeheartedly by the Chinese citizenry, this Comment determines whether China's internal city planning …

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Why Taiwan Is Not Hong Kong: A Review Of The Prc's "One Country Two Systems" Model For Reunification With Taiwan, Sean Cooney Jul 1997

Why Taiwan Is Not Hong Kong: A Review Of The Prc's "One Country Two Systems" Model For Reunification With Taiwan, Sean Cooney

Washington International Law Journal

This article critically examines the "One Country Two Systems" model (OCTS) developed by the People's Republic of China (PRC) for achieving the reunification of Taiwan. The model is in many respects the same as that already applied in Hong Kong. The PRC promises that under OCTS, the Taiwanese will enjoy a "high degree of autonomy", be "masters in their own house" and maintain their way of life. However, in contrast to the people of Hong Kong, who have never enjoyed full democracy, the Taiwanese have achieved a much greater degree of autonomy and accountability than is possible under OCTS. The …

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Cultural Differences In The Crusade Against International Bribery: Rice-Cake Expenses In Korea And The Foreign Corrupt Practices Act, Joongi Kim, Jong Bum Kim Jul 1997

Cultural Differences In The Crusade Against International Bribery: Rice-Cake Expenses In Korea And The Foreign Corrupt Practices Act, Joongi Kim, Jong Bum Kim

Washington International Law Journal

The expanding global movement against overseas bribery has emerged as one of the foremost issues in international trade. This paper explores the complex issues surrounding this multilateral anti-bribery movement, particularly focusing on one of the central concerns at the heart of this debate: what type of different cultural perspectives and legal traditions exists regarding questionable payments and whether they need to be respected. This study approaches this subject by discussing how the Korean legal system distinguishes between permissible gifts such as "rice-cake expenses" and illicit payments. In the process, the new legal interpretations that were developed by the Korean judiciary …

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The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe Jul 1997

The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe

Washington International Law Journal

As early as 1983, Japan's Health and Welfare Ministry had reason to know that the use of unheated blood products by hemophiliacs was infecting them with HIV, the AIDS virus. Although heated-and safe-blood products were already available from the United States, government approval in Japan was deliberately delayed for almost three years while local pharmaceutical companies developed the products. By the time the unheated blood products were all withdrawn from the market, many of Japan's hemophiliacs had contracted HIV. A number of them, or their survivors, sued the government and the pharmaceutical companies. At the end of the consolidated trials, …

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The Garbage Smuggling Case: Judgment Of Division One Of The Shanghai Municipal Intermediate Level People's Court January 13, 1997, Janice Wingo Jul 1997

The Garbage Smuggling Case: Judgment Of Division One Of The Shanghai Municipal Intermediate Level People's Court January 13, 1997, Janice Wingo

Washington International Law Journal

The American press has reported on the arrest and trial of William Ping Chen for the importation of garbage into China, alleging that he is a pawn in Sino-American relations. Whatever the political background, the decision of the Shanghai Municipal Intermediate Level People's Court shows that this case was decided according to established rules of law.

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Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii Jul 1997

Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii

Washington International Law Journal

With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …

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Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa Jul 1997

Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa

Washington International Law Journal

Due to Northeast Asia's increasing energy demand, the Russian Far East's immense oil and gas reserves, and the close physical proximity between the two regions, international petroleum companies are exploring Russia's offshore petroleum reserves in the Far East. The Russian offshore industry, however, presents foreign investors with many legal uncertainties including exposure to environmental liabilities. This Comment suggests that Russia's environmental regulatory system, which includes a constitutional right to a healthy environment, presents international petroleum companies with a new set of circumstances to which they must adapt if Russian reserves are to satisfy Northeast Asia's rising energy needs. To do …

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Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao Jul 1997

Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao

Faculty Publications

No abstract provided.

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Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster Jun 1997

Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster

Michigan Telecommunications & Technology Law Review

National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …

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Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith May 1997

Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith

Penn State International Law Review

No abstract provided.

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Drugs And Corruption In Latin America, Olukonyinsola Ajayi May 1997

Drugs And Corruption In Latin America, Olukonyinsola Ajayi

Penn State International Law Review

No abstract provided.

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On The Trail Of A Spectre-Destabilisation Of Developing And Transitional Economics: A Case Study Of Corruption In Nigeria, Ryan James May 1997

On The Trail Of A Spectre-Destabilisation Of Developing And Transitional Economics: A Case Study Of Corruption In Nigeria, Ryan James

Penn State International Law Review

No abstract provided.

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Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar May 1997

Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar

Penn State International Law Review

No abstract provided.

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The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug May 1997

The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug

Penn State International Law Review

No abstract provided.

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The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young May 1997

The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young

Penn State International Law Review

No abstract provided.

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The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo Apr 1997

The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

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Public Discourse In Contemporary Germany, Edward J. Eberle Apr 1997

Public Discourse In Contemporary Germany, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

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The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress Apr 1997

The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress

Federal Communications Law Journal

Following a worldwide trend of increased market competition in telecommunications, both the United States and Germany passed new legislation in 1996 aimed at liberalizing communications regulation. Germany passed the Telekommunikationsgestz (TKG), and the United States passed the Telecommunications Act of 1996. The TKG was enacted in response to European Community requirements that Germany open its telecommunications market. While the TKG covers a broad spectrum of issues, five areas stand out as the law's primary focus: licensing, universal service, market-dominant position regulation, interconnection, and rights-of-way. A comparison between the U.S and German laws in these five areas demonstrates the …

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An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker Apr 1997

An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker

Indiana Law Journal

Symposium: Law and Civil Society

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Civil Society, Metaphysics, And Tolerance, David C. Williams Apr 1997

Civil Society, Metaphysics, And Tolerance, David C. Williams

Indiana Law Journal

Symposium: Law and Civil Society

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A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg Apr 1997

A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg

Indiana Law Journal

Symposium: Law and Civil Society

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