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Series

2001

Comparative and Foreign Law

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Articles 31 - 45 of 45

Full-Text Articles in Law

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder Jan 2001

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder

Faculty Scholarship

No abstract provided.


Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague Jan 2001

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than objecting ...


Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer Jan 2001

Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer

Scholarly Articles and Other Contributions

This piece focuses on recent global legislative initiatives designed to establish a legal framework supporting electronic signatures. As many governments worldwide increasingly seek to encourage the growth of e-commerce, the enactment of such legislation has become a priority.


Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski Jan 2001

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles and Other Contributions

No abstract provided.


What's So Special About American Law?, William Ewald Jan 2001

What's So Special About American Law?, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Chinese Mortgage Law: An American Perspective, Dale A. Whitman Jan 2001

Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Faculty Publications

My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.


The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen Jan 2001

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Musings On The Seeming Inevitability Of Global Convergence In Banking Law, Patricia A. Mccoy Jan 2001

Musings On The Seeming Inevitability Of Global Convergence In Banking Law, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.


Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver Jan 2001

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.


Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott Jan 2001

Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.


What Is The New Russian Federalism?, Jeffrey Kahn Jan 2001

What Is The New Russian Federalism?, Jeffrey Kahn

Faculty Scholarship

With the sudden rise of Vladimir Putin, Russian federalism made another volte-face. The ambiguous enforceability of Yeltsin's bilateral treaties with the Russian Federation’s non-Russian ethnic republics (formerly ASSRs) - never ratified by legislatures - was made clear by Putin's disregard for executive promises that no longer suited his interests. One of Putin's first presidential decrees, signed days after his inauguration, divided Russia into seven federal districts, each encompassing several republics, oblasts, and okrugs, and each headed by a presidential enforcer tasked to maintain the supremacy of federal law. Lists were rumoured to circulate in the Kremlin of regional ...


Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu Jan 2001

Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

Since the mid-1980s, the U.S.-China intellectual property conflict has entered into the public debate. It was frequently debated in Congress and was widely covered by the mass media. Despite the importance of this issue, the debate thus far has been one-sided, focusing primarily on the unfair competition aspect. While there are undeniably some greedy Chinese who are eager to free ride on the creative efforts of Western authors and inventors, greed alone cannot explain the century-old U.S.-China intellectual property conflict. To understand the roots of this conflict, one must focus on the significant political, social, economic ...


The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin Jan 2001

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

Pace Law Faculty Publications

This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.


Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah Jan 2001

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

The current age of globalization can be distinguished from the previous one (from 1870 to 1914) by the much higher mobility of capital than labor (in the previous age, before immigration restrictions, labor was at least as mobile as capital). This increased mobility has been the result of technological changes (the ability to move funds electronically), and the relaxation of exchange controls. The mobility of capital has led to tax competition, in which sovereign countries lower their tax rates on income earned by foreigners within their borders in order to attract both portfolio and direct investment. Tax competition, in turn ...