Law Commons^™

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.

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 …

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

Law Faculty Research Publications

No abstract provided.

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 …

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". …

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

Faculty Publications

No abstract provided.

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

Faculty Articles and Papers

No abstract provided.

Public Discourse In Contemporary Germany, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz

Faculty Publications

No abstract provided.

The Fictions Of Latin American Law(Part I), Jorge L. Esquirol

Faculty Publications

No abstract provided.

Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike

LLM Theses and Essays

Many jurisdictions have detailed rules of evidence which regulate the facts that are admissible in court. The hearsay rule is one such rule which excludes certain evidence. The hearsay rule has roots in an old common law principle and is featured in many jurisdictions today, but has endured heavy criticisms over time. This paper examines the application of the hearsay rule in the United States and in Nigeria. Both are common law countries, however, the United States’ legal system is more advanced than that of Nigeria. This comparison aims to inform and assist current reform efforts in Nigeria.

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

Fair Use In American And Continental Laws, Omar M.A. Obeidat

LLM Theses and Essays

Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …

Central Banks As Regulators And Supervisors Of The Financial System; Parallel Between The American Federal Reserve System And The Colombian Bank Of The Republic, Ricardo Mauricio Rosillo

LLM Theses and Essays

The first part of this thesis will focus on the origin and legal nature of the American Federal Reserve System established by the Federal Reserve Act of 1913 and Colombia's Bank of the Republic. Next, I will offer a deep study of the structure of the Federal Reserve System, concentrating on institutions like the Board of Governors, the Federal Reserve Bank, the Federal Open Market Committee, and member banks. The author also describes and analyzes Colombia's Bank of the Republic, placing emphasis on the reforms introduced by the new Constitution. In Chapter IV the main faculties, functions, and operations undertaken …

Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen

LLM Theses and Essays

The purpose of this thesis is to analyze and discuss a list of specific problems in the current Danish system and in this analysis to examine how these problems are dealt with under the United States laws on reorganization. The thesis consists of five parts in addition to this Introduction. Part II is an introduction to the laws on reorganization in Denmark and in the United States. Part II also includes a brief introduction to out-of-court workouts as an alternative to reorganization under the bankruptcy laws. Part III provides statistical information on the number of reorganizations, the outcome of reorganizations, …

Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar

LLM Theses and Essays

The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …

Double Taxation - Treatment Of Corporate Earnings Under American And German Law, Roland Schmidt

LLM Theses and Essays

This thesis is going to describe the different ways the United States and Germany deal with the problem of double taxation in the legal context of corporate distributions to its shareholders in the form of dividends. Tax law is particularly one of the areas of laws that are subject to frequent and often substantial changes. This is true for the German as well as for the U.S. tax laws. Since some of the issues being discussed in the United States today in connection with the corporate tax law are similar if not identical to the issues discussed in Germany before …

Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

Sub-Regional Coalescence In European Regional Integration, Helen E. Hartnell

Publications

Analysts tend to view post-1989 East-West European integration through the unilateral lens of European Union (EU) enlargement or, rather more broadly, as a structural problem of integrating developed with developing countries. This article will assimilate these earlier approaches, but also move beyond them, by emphasizing the view from the peripheral area of Central and Eastern Europe. Significant developments taking place there have the potential to alter our way of thinking about the process of regional economic integration, in Europe if not elsewhere. The recent trends demonstrate a coalescence at the margins, a subregional solidification, which in tum suggests the advent …

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

Faculty Scholarship

No abstract provided.

What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds

Faculty Scholarship

No abstract provided.

Romanian Bankruptcy Law: A Central European Example, Samuel Bufford

Journal Articles

Romania now has one of the best-drafted bankruptcy laws in Central and Eastern Europe. The new Romanian bankruptcy law went into effect on August 26, 1995 and replaced the previous bankruptcy provisions in §695-987 of the Romanian Commercial Code, which was translated from the Italian Commercial Code of 1884 and enacted in 1887. While the commercial code fell into disuse during the Communist era, it was never repealed. After the Romanian revolution and the demise of Nicolae Ceauşescu at the end of 1989, the commercial code as well as the civil code remained good law and needed only to be …

The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown

Journal Articles

The purpose of this Essay is to provide investors and practitioners with a realistic overview of the strengths and limitations of international arbitration in China. Part I of this Essay provides some general comments about the economic, social, and cultural reasons why arbitration is a popular choice among both international investors and Chinese nationals. Part I concludes that arbitration can only provide a partial solution to the ills of China’s legal system. Part II examines how the observations in Part I manifest themselves in recent developments affecting arbitration in China. Part III examines the range of efforts by foreign investors …

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, 19 Mich. J. Int'l L. 219 (1997), Sonia Bychkov Green

UIC Law Open Access Faculty Scholarship

No abstract provided.

Establishing A Distribution System In The European Union: Selected Sources, 23 Wm. Mitchell L. Rev. 927 (1997), Anne Abramson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port

Faculty Scholarship

The concepts of trademark jurisprudence in Japan and the United States differ drastically. This difference is apparent in many aspects of trademark protection in both countries and is most evident in the treatment of famous marks. Although Japan and the United States share elements of trademark law that cause some observers to claim that Japan is legally the fifty-first State, the conceptual differences at the foundation of trademark law in each country are so significant that such a claim seems inaccurate and misleading.

Accountability For Past Abuses, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine

Scholarly Works

In this article, Levine explores some of the ways in which Jewish law may shed light on issues in American constitutional theory. While acknowledging that there are fundamental differences between a religious legal system and a secular one, he attempts to show that certain conceptual similarities between American law and Jewish law allow for meaningful yet cautious comparison of the two systems. Part I provides a broad historical and analytical overview of interpretation in Jewish law. Part II of the Article offers a specific conceptual framework for comparing Jewish law with American law. Levine considers questions of flexibility in legal …