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University of Michigan Law School

Comparative and Foreign Law

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Legal systems

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Full-Text Articles in Law

China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency, Nicholas Howson Oct 2017

China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency, Nicholas Howson

Articles

This Article analyzes the contemporary program of “corporatization without privatization” in the People's Republic of China (PRC) directed at China's traditional state-owned enterprises (SOEs) through a consideration of long ago precursor enterprise establishments--starting from the last Chinese imperial dynasty's creation of “government-promoted/-supervised, merchant-financed/-operated” (guandu shangban) firms in the latter part of the nineteenth century. While analysts are tempted to see the PRC corporations with listings on international exchanges that dominate the global economy and capital markets as expressions of “convergence,” this Article argues that such firms in fact show deeply embedded aspects of path dependency unique to the Chinese context …


The Landscape Of The Legal Professions In Europe And The Usa: Continuity And Change, Xiaomeng Zhang Jan 2013

The Landscape Of The Legal Professions In Europe And The Usa: Continuity And Change, Xiaomeng Zhang

Law Librarian Scholarship

Overall, all articles in the book are thoroughly researched, documented, and presented with in-depth scholarly analyses. Although it is entitled The Landscape of the Legal Professions in the Europe and the USA, the European focus is apparent and dominant. On the other hand, comparative methodology is employed in most of the articles, either through a comparison of Europe nations and the United States, or through comparisons and contrasts among European countries. It will be of invaluable assistance to scholars interested in legal professions and legal system specifically and foreign and comparative law in general. It will be a great addition …


Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas Jan 2012

Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas

Articles

Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …


Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas C. Howson Jan 2009

Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas C. Howson

Other Publications

I am asked to present on the "shortcomings of the Western model of legality based on a professionalized, individualistic and highly formalistic approach to justice" as a way to understanding if "the West can develop today a form of legality which is relational rather than based on litigation as a zero sum game, learning from face to face social organizations in which individuals understand the law" - presumably in the context of the imperial and modem Chinese legal systems which I know best as a scholar and have lived for many years as a resident of the modem identity of …


Litigation Abuse And The Law Schools, John W. Reed Jan 1983

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …


Foreward, Whitmore Gray Jan 1979

Foreward, Whitmore Gray

Other Publications

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law ~ Japan, continues to serve as a point of departure in descriptive studies of Japanese law.


Review Of The Judge In A Communist State: A View From Within, Whitmore Gray Jan 1973

Review Of The Judge In A Communist State: A View From Within, Whitmore Gray

Reviews

This is a rare book. It is full of real people and real life episodes. The author's almost incredible memory for the details of scores of cases and other legal incidents in Czechoslovakia in the 1950's makes this a remarkable contribution to the comparative-law literature. Those who are looking for theoretical controversy will not find it here, for this book is simply a generous slice of life in a communist country, as seen through the eyes of a remarkably perceptive, legally trained viewer. As the author says, it is "neither an indictment nor a glorification" (p. xi). The author is …


Review Of Contemporary Chinese Law: Research Problems And Perspectives, Whitmore Gray Jan 1971

Review Of Contemporary Chinese Law: Research Problems And Perspectives, Whitmore Gray

Reviews

This excellent collection of studies deals with both the substance of the legal system of Communist China and the problems of its study. Contributions include an appraisal of Communist Chinese legal publications, discussions of refugee and survey interviewing techniques as methods of gathering information, a review of Communist Chinese attitudes toward international law, and a series of articles dealing with Chinese legal terminology in a number of fields which contain a substantial amount of substantive law in the interstices.


Review Of The Soviet Legal System And How Russia Is Ruled, Whitmore Gray Jan 1964

Review Of The Soviet Legal System And How Russia Is Ruled, Whitmore Gray

Reviews

Is there a legal system in the Soviet Union, and if so, what is its role in post-Stalin Soviet society? The Soviet Legal System for the first time makes it possible for a lawyer or law teacher to plunge directly into a very rich collection of translations of case decisions, statutes and doctrinal commentary. Even without a background in Soviet studies, the authors' valuable commentary and the reader's own legal training should make it possible for him to evaluate the material presented. With the help of the new edition of Fainsod's How Russia Is Ruled he can see the development …


Review Of The Soviet System Of Government, Settling Disputes In Soviet Society, Government, Law And Courts In The Soviet Union And Eastern Europe, And The Law Of Inheritance In Eastern Europe And In The People's Republic Of China, Whitmore Gray Jan 1961

Review Of The Soviet System Of Government, Settling Disputes In Soviet Society, Government, Law And Courts In The Soviet Union And Eastern Europe, And The Law Of Inheritance In Eastern Europe And In The People's Republic Of China, Whitmore Gray

Reviews

Each of these four books makes a significant contribution to the rapidly growing body of literature on the communist legal systems. Together they provide an introduction to Soviet law and legal history and a basis for its comparison with the law of other countries within the communist bloc. Before examining the books individually a brief description of their contents may be in order.