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Articles 1 - 12 of 12

Full-Text Articles in Law

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore Dec 1996

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore

Faculty Scholarship

No abstract provided.


Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen Jan 1996

Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen

Faculty Scholarship

No abstract provided.


Categories And Culture: On The 'Rectification Of Names' In Comparative Law, Janet Ainsworth Jan 1996

Categories And Culture: On The 'Rectification Of Names' In Comparative Law, Janet Ainsworth

Faculty Scholarship

This article proposes a thorough ‘rectification of names’ take place in comparative legal studies, with a specific focus on Chinese law. Pioneering Chinese comparative law scholars focused on describing the Chinese legal system using Western legal terminology. The job of the second-generation of legal scholars, however, is to interpret both the primary source material and prior interpretations. There are many pitfalls entailed with studying non-Western law, foremost is the danger of one’s conceptual paradigms influencing an interpretation. Any culture’s legal order is uniquely tuned to a cultural context, and Chinese culture represents a social order with sufficient coherence ...


Protecting Possession, Ugo Mattei Jan 1996

Protecting Possession, Ugo Mattei

Faculty Scholarship

No abstract provided.


Proprietary Norms In Corporate Law: An Essay On Reading Gambotto In The United States, Deborah A. Demott Jan 1996

Proprietary Norms In Corporate Law: An Essay On Reading Gambotto In The United States, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins Jan 1996

Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

Risk, whether market or political, is an important determinant of private investment decisions. One important risk, subject to control by the government, is the risk associated with the hold-up problem: governments can force utilities to shoulder burdensome taxes, to use input factors ineffectively, or to charge unprofitable rates for their service. To attract private investment governments must be able to make commitments to policies that are nonexpropriative (either to contracts that guarantee very high rates of return or to favorable regulatory policies). These commitments, of course, must be credible.

Judgments about the credibility of commitments to regulatory policies are based ...


Governing Networks And Rule-Making In Cyberspace, Joel R. Reidenberg Jan 1996

Governing Networks And Rule-Making In Cyberspace, Joel R. Reidenberg

Faculty Scholarship

The global network environment defies traditional regulatory theories and policymaking practices. At present, policymakers and private sector organizations are searching for appropriate regulatory strategies to encourage and channel the global information infrastructure (“GII”). Most attempts to define new rules for the development of the GII rely on disintegrating concepts of territory and sector, while ignoring the new network and technological borders that transcend national boundaries. The GII creates new models and sources for rules. Policy leadership requires a fresh approach to the governance of global networks. Instead of foundering on old concepts, the GII requires a new paradigm for governance ...


Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins Jan 1996

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is ...


As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship Jan 1996

As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship

Faculty Scholarship

Problems of commercial law are apt to be similar or at least comparable in all commercial countries, so that in this field, perhaps more than in any other, foreign experience is likely to be instructive. As was said by a leading English scholar, "The value of comparative investigation of commercial law is so obvious as to make it unnecessary to labour the point."


U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens Jan 1996

U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens

Faculty Scholarship

Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.


Administrative Law: The Hidden Comparative Law Course, Peter L. Strauss Jan 1996

Administrative Law: The Hidden Comparative Law Course, Peter L. Strauss

Faculty Scholarship

What does today's Administrative Law course give your students that you might not be aware of and might be helped by knowing? That, as I understand it, is the question I am to answer. But we may also want to think about the overall shape of the curriculum: it may be useful to ask about fundamental issues our students may not be aware of, that may not be dealt with elsewhere in the law school curriculum. I'll spend most of my time on the question I've been asked to address, but I hope you will accept a ...


Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt Jan 1996

Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt

Faculty Scholarship

Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.

Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme Court ...