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Comparative and Foreign Law

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Articles 331 - 353 of 353

Full-Text Articles in Law

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann Jan 1988

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann

Faculty Scholarship

With its decision in Société Nationale Industrielle Aérospatiale v. United States District Court, the United States Supreme Court resolved what had been widely regarded as "one of the most difficult and important issues in international civil litigation in United States courts." This opportunity arose out of the divergence of views among American courts on the proper way to reconcile the need for full disclosure of evidence with respect for the sensitivities of foreign states where that evidence might be located. The case before the Supreme Court, like many lower court cases, dealt specifically with the impact of the Hague Evidence ...


Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee Jan 1987

Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee

Faculty Scholarship

The article begins with a discussion of the social and political background that influenced the emergence of the constitutionally guaranteed right to counsel in Spanish law. Next, it traces the constitutional development and legislative refinements of the right to counsel. It then considers judicial refinements of that right. The article concludes with a comparison of the Spanish process of articulating the right to counsel with the parallel process in the United States and what such differences bode for U.S. scholars.


Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The Universal And The Particular In Legal Discourses, George P. Fletcher Jan 1987

The Universal And The Particular In Legal Discourses, George P. Fletcher

Faculty Scholarship

My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.


Jurisdiction: Foreign Plaintiffs, Forum Non Conveniens, And Litigation Against Multinational Corporations, Mark A. Chinen Jan 1986

Jurisdiction: Foreign Plaintiffs, Forum Non Conveniens, And Litigation Against Multinational Corporations, Mark A. Chinen

Faculty Scholarship

This article outlines the litigation against multinational corporations. Specifically, it investigates a case brought against a United States-based corporation, Union Carbide, that owned 51% of stock in an Indian corporation that was responsible for a chemical plant gas leak. The leak resulted in the death of 2,100 people and the injuring of over 200,000. The intricacies of the case are discussed.


Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp Jan 1984

Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp

Faculty Scholarship

No abstract provided.


Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter Jan 1983

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger Jan 1983

A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger

Faculty Scholarship

The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.


A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen Jan 1981

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Faculty Scholarship

No abstract provided.


Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski Jan 1977

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.


Integrating Governmental And Officer Tort Liability, George A. Bermann Jan 1977

Integrating Governmental And Officer Tort Liability, George A. Bermann

Faculty Scholarship

The legislative and judicial dismantling of sovereign immunity is among the more significant and celebrated reforms of recent American administrative law. In many instances, this development has given those seeking damages for wrongful governmental action their first and only defendant. Even in situations in which litigants already had a cause of action against individual public officials, making the government amenable to suit has enhanced the chances of actual recovery, since officials often lack the means to satisfy judgments rendered against them. The immunity from liability enjoyed by public officials also has undergone a complex series of changes. Though still in ...


Housing Subsidies In The U.S. And England, Henry Mcgee Jan 1975

Housing Subsidies In The U.S. And England, Henry Mcgee

Faculty Scholarship

In this article Professor McGee reviews “Housing Subsidies in the United States and England”, by Daniel Mandelker. Professor McGee details the concerns and controversies about the allocation of housing funds, and provides a thorough critique of Mandelker’s comparison of the two countries.


Court Reform In England, Kazimierz Grzybowski Jan 1973

Court Reform In England, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


Book Review, Michael E. Tigar Jan 1973

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher Oct 1971

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.


Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar Jan 1970

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.


On Lawful Governments, Joseph Raz Jan 1970

On Lawful Governments, Joseph Raz

Faculty Scholarship

What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to ...


Decision Trees, Peter L. Strauss, Michael R. Topping Jan 1970

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible result of ...


The Presumption Of Innocence In The Soviet Union, George P. Fletcher Jan 1968

The Presumption Of Innocence In The Soviet Union, George P. Fletcher

Faculty Scholarship

The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it ...


On Interpreting The Ethiopian Penal Code, Peter L. Strauss Jan 1968

On Interpreting The Ethiopian Penal Code, Peter L. Strauss

Faculty Scholarship

The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.


Book Review, George C. Christie Jan 1967

Book Review, George C. Christie

Faculty Scholarship

Reviewing Samuel Enoch Stumpf, Morality and the Law (1966)


Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii Jan 1964

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.


American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii Jan 1963

American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.