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Full-Text Articles in Law
The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni
The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni
Michigan Journal of International Law
The thesis offered in this Article, marking three different stages in the development of the personal jurisdiction doctrine of Israeli courts toward the PT of the West Bank and the Gaza Strip, has two additional attributes. One concerns the doctrinal innovation in the general personal jurisdiction doctrine of Israeli courts that also took place as these different stages unfolded. The evolving status of the West Bank and the Gaza Strip over the years, together with the need of courts to reach conclusive results in the cases brought before them, made it necessary for courts to be creative in adjusting the …
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Michigan Journal of International Law
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
Michigan Journal of International Law
This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than material …
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Michigan Journal of International Law
Whatever their differences, the articles in this issue also have much in common in addition to their regional focus. The author of this Comment shall discuss in turn three (related) theoretical issues that arise, to a greater or lesser degree, in all four contributions. The first Part of this Comment considers the insights of these articles on the need to move from discussing transplants to focusing on transnational legal processes. The second Part examines what the contributions tell us about culture, legal culture, and the so-called "norm of conformity." I shall concentrate in particular on the cultural sources of choices …
Why China?: A Startling Transformation, Nicholas C. Howson
Why China?: A Startling Transformation, Nicholas C. Howson
Articles
Another vantage point—the view from inside China— reveals a process of transformation even more startling and far-reaching than the external manifestations of China’s rise.
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
Michigan Journal of International Law
Review of Russian Law: The End of the Soviet System and the Role of Law by F.J.M. Feldbrugge
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
Michigan Journal of International Law
This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Michigan Journal of International Law
This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Michigan Journal of International Law
This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.
Technology Diffusion And The Performance Of American Manufacturing: A Propsal For An Industrial Extension Service, Frank Ostroff
Technology Diffusion And The Performance Of American Manufacturing: A Propsal For An Industrial Extension Service, Frank Ostroff
Michigan Journal of International Law
The purpose of this article is to propose an Industrial Extension Service modeled upon the Agricultural Extension Service, and suggest how it might effectively address certain fundamental problems hindering the performance of the American manufacturing sector. Part I highlights some probable causes of American manufacturing's declining relative performance. Part II discusses why firms may adopt new technology more slowly than would be optimal. Part III considers the model of the Agricultural Extension Service, pointing out those features that make it attractive and those features that would have to be changed in applying it to the industrial sector. Part III also …