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Articles 1 - 30 of 58
Full-Text Articles in Law
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
All Faculty Scholarship
No abstract provided.
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Law Faculty Articles and Essays
My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Structure Of Blackstone's Commentaries, Alan Watson
The Structure Of Blackstone's Commentaries, Alan Watson
Scholarly Works
Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …
A Preliminary Survey Of Recent International Legal Developments, Sompong Sucharitkul
A Preliminary Survey Of Recent International Legal Developments, Sompong Sucharitkul
The Sompong Sucharitkul Center for Advanced International Legal Studies
This year, three different time frames appear to commend themselves for our treatment of international legal developments of considerable importance and far-reaching consequences. The first covers the legal developments in the year 1997-1998. The second embraces continuing growth and progress made in the international legal fields within the United Nations Decade of International Law, that is from the year 1990 until today. The third and last is the half-century mark, dating back to 194 7-1948.
Hard Cases, Carl E. Schneider
Hard Cases, Carl E. Schneider
Articles
Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …
Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul
Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul
Publications
Pre-publication essay. Later published as a chapter in Gisberg H. Flanz, ed. Constitutions of the Countries of the World (Oceana 1998).
The Issue Of European Civil Codification And Legal Scholarship: Biases, Strategies And Developments, Ugo Mattei
The Issue Of European Civil Codification And Legal Scholarship: Biases, Strategies And Developments, Ugo Mattei
Faculty Scholarship
No abstract provided.
Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer
Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer
LLM Theses and Essays
Governments provide subsidies for a variety of reasons and they are an important tool "to promote important objectives of national policy. The Organization for Economic Co-operation and Development (OECD) is comprised of industrialized countries, all of which are Members of the OECD Convention also have shown a steady rise in the provision of subsidies. The policy behind the fact that subsidies are addressed in international agreements is that they create a distortion in international trade and that they can quickly and destructively spread from nation to nation. They create a disparity between the actual costs incurred in producing a particular …
The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn
The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn
LLM Theses and Essays
This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …
The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers
The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers
LLM Theses and Essays
An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d'etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second …
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
Law Faculty Publications
No abstract provided.
System Dynamics: Toward A Language Of Comparative Law, David J. Gerber
System Dynamics: Toward A Language Of Comparative Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …
Thai Law And Buddhist Law, Sompong Sucharitkul
Thai Law And Buddhist Law, Sompong Sucharitkul
Publications
The purpose of this Report is to examine the inherent links between Buddhist Law and Thai law, their coexistence, interrelations and mutual influence within the existing legal system and the religious order of Thailand.
A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau
A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau
Journal Articles
The 1996 United Kingdom Arbitration Act is a remarkable piece of legislation. It is a highly accessible statutory framework both from a linguistic and organizational standpoint. The 1996 Act represents a substantial improvement over prior English arbitration statutes,including the 1979 Act. The new legislation is comprehensive, thorough, cogent and coherent. In its presentation and content, it easily rivals both longstanding and recentlegislative enactments on arbitration. It is built upon a wealth of knowledge and expertise of arbitration law and practice, and embodies a very contemporary and integrated concept of arbitration. This commentary endeavors to highlight and appraise the most significant …
Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau
Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau
Journal Articles
One of the many consequences of the progressive development of globalization apparently has been to incite a vigorous debate among leading members of the international arbitral community about the role of national law in implementing the enforcement regime of the New York Arbitration Convention (Convention). The debate was provoked by federal court rulings in two recent cases: Chromalloy Aeroservices v. Arab Republic of Egypt (Chromalloy) and Alghanim & Sons v. Toys"R" Us (Toys "R" Us). Prior to these opinions, there appeared to have been an implicit consensus in the international community regarding the "anational"character of …
Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long
Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long
UIC Law Open Access Faculty Scholarship
No abstract provided.
U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner
U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner
All Faculty Scholarship
The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …
Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus
Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus
Journal Articles
No abstract provided.
Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine
Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine
Scholarly Works
In his 1986 Yale Law Journal article, Robert Cover wrote of an explosion of legal scholarship placing interpretation at the crux of the enterprise of law. As part of the continuing emphasis on hermeneutics in constitutional interpretation, a body of literature has emerged comparing constitutional textual analysis to Biblical hermeneutics. This scholarship has been based on the recognition that, like the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community. Levine looks at a basic hermeneutic device common to both Biblical and constitutional interpretation, the …
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman
How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman
Scholarly Works
No abstract provided.
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Articles
No abstract provided.
An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei
An Opportunity Not To Be Missed: The Future Of Comparative Law In The United States, Ugo Mattei
Faculty Scholarship
No abstract provided.
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
The Functions Of Trust Law: A Comparative Legal And Economic Analysis, Ugo Mattei
Faculty Scholarship
No abstract provided.
Introduction, Ugo Mattei
Book Review, Daniel H. Foote
Book Review, Daniel H. Foote
Book Reviews
Professor Frank K. Upham's Law and Social Change in Postwar Japan represents a major contribution to Western understanding of the process of legal change in Japan. In four excellent case studies spanning subject matters as diverse as the treatment of minorities and industrial planning, Upham reveals a legal culture of considerable complexity, which challenges simple generalizations. From this material, Upham seeks to derive a number of central themes. Certain of these themes are insightful and solidly supported by Upham's own case studies and other materials on Japanese law. Other themes are more speculative, raising the danger that many of the …