Law Commons^™

Dissent: Criminal Records Should Not Be Sealed, Charles Baron

Charles H. Baron

No abstract provided.

The Case For The Courts, Charles Baron

Charles H. Baron

No abstract provided.

The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori

Washington Law Review

This article focuses on the Japanese Supreme Court's exercise of its power of judicial administration. The article places special emphasis on the management of the judiciary and on rulemaking, both quite novel to the Japanese court.

Mexico's Foreign Exchange Controls. Two Administrations-Two Solutions. Thorough And Benign, Ignacio Gomez-Palacio

University of Miami Inter-American Law Review

No abstract provided.

In Memoriam -- Alfred Frank Crotti, Rafael C. Benitez, Thomas R. Ewald, Richard A. Hausler, Bernard H. Oxman, Naseem K. Sayed, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

At Long Last A Portuguese-English/English-Portuguese Legal Dictionary: Dicionário Jurídico-Law Dictionary By Maria Chaves De Mello, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Towards A United Kingdom Bill Of Rights, Francis G. Jacobs

University of Michigan Journal of Law Reform

The United Kingdom has no fundamental constitutional instrument. It is in that respect almost unique. Instead it has a fundamental constitutional doctrine: the doctrine of the sovereignty of Parliament. The first paradox of the United Kingdom constitution is that no rules have a constitutional status.

The doctrine of Parliamentary sovereignty entails that all the constitutional rules that, in other countries, would be set out in a constitution are, in the United Kingdom, contained in Acts of Parliament-or in the common law, or in unwritten constitutional conventions or custom; and that any such rules, whether statutory or not, can be repealed …

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.

The Case For The Courts, Charles Baron

Charles H. Baron

No abstract provided.

A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson

BYU Law Review

No abstract provided.

Fixed Shares In Intestate Distribution: A Comparative Analysis Of Islamic And American Law, John Makdisi

BYU Law Review

No abstract provided.

An Insider's Perspective On The Significance Of The German Criminal Theory's General System For Analyzing Criminal Acts; Foreign Law, Wolfgang Naucke

BYU Law Review

No abstract provided.

The Swedish Ban Of Corporal Punishment, Dennis Alan Olsen

BYU Law Review

No abstract provided.

Antitrust Sanctions And Remedies: A Comparative Study Of German And Japanese Law, John O. Haley

Washington Law Review

The legal systems of the Federal Republic and Japan have much in common. The basic institutions and concepts of German civil, criminal, and administrative law provided the principal models for Japan's legal reforms during the late nineteenth and early twentieth centuries. Contemporary legislation and doctrinal changes in the Federal Republic also continue to influence Japanese legal developments. Despite the American origins of Japanese antitrust legislation, which was drafted by Americans and imposed during the Occupation on a less than enthusiastic Japanese government, the influence of German law and practice on Japanese antitrust law, at least since 1953, has been profound. …

Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp

Michigan Law Review

The history of federations is both long and short. It is long in that the federation originated with the Swiss Confederation, which dates back to the 1291 defense confederacy of the cantons of Uri, Schwyz and Unterwalden; it is short because the second federation in world history, one that has become a model for many others, did not come into being until almost five centuries later in America.

The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard

Michigan Law Review

In 1971, Eric Stein published an account of the remarkable progress of the European Economic Community (EEC) toward a harmonized law of business corporations. The progress was particularly striking from an American viewpoint, because the harmonization was achieved by moving toward the more rigorous of the various national standards, in contrast to the "race of laxity" or "race for the bottom" that has characterized the movement toward uniformity in the corporation laws of U.S. states.

Geography And Law, Bernhard Grossfeld

Michigan Law Review

The central questions of comparative law are still unsolved: Which legal institutions in what legal cultures can be compared with each other in a meaningful way? What can we learn from comparative law for the solution of our own problems?

This Article will discuss the relations between geography and law. I have already discussed the subject of language and law elsewhere; with regard to religion and law, I refer the reader to the extensive writings of Harold Berman.

Socialism And Federation, John N. Hazard

Michigan Law Review

Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.

Judicial Jurisdiction In The United States And In The European Communities: A Comparison, Friedrich Juenger

Michigan Law Review

Eric Stein deserves our gratitude for making European integration accessible to American students and teachers. He has taught and written widely on this important subject, and the casebook he published with Hay and Waelbroeck is a valuable aid for dispelling what a judge of the Communities' Court of Justice called "splendid mutual ignorance." Following Judge Pescatore's suggestion that it is time to take note of the experience gathered on both sides of the Atlantic, it seems worthwhile to compare the evolution of jurisdictional principles in the United States and in the Common Market.

In Memoriam -- Soia Mentschikoff, E. Allan Farnsworth, Edward T. Foote Ii, Richard G. Huber, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

The United States Action In Grenada: An Exercise In Realpolitik, John M. Karas, Jerald M. Goodman

University of Miami Inter-American Law Review

No abstract provided.

Has The Fourth Amendment Gone Adrift In United States V. Villamonte-Marquez?, Cynthia Bianchi

University of Miami Inter-American Law Review

No abstract provided.

Law On The Installment Plan, Bruce W. Frier

Michigan Law Review

A Review of Ulpian by Tony Honoré

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya

Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review

Michigan Law Review

A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham

Dissent: Criminal Records Should Not Be Sealed, Charles Baron

Charles H. Baron

No abstract provided.

Tax Aspects Of Doing Business With The People’S Republic Of China, Richard Pomp, Timothy A. Gelatt

Faculty Articles and Papers

Before 1979, the People’s Republic of China did not have a logical system of taxing foreign business. That summer, a few selected American tax professors met with Chinese tax officials to explain the complexities of source rules, foreign tax credits, and tax treaties. That gave Chinese officials a detailed knowledge of intricate tax issues, and they have used this knowledge to develop China’s new tax system. Since 1979, China’s tax structure has conformed to generally accepted international structures with the adoption of three important taxes affecting foreign business activity. At first, China’s statutes and regulations did not clearly explain the …

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

UC Law SF International Law Review

Antitrust regimes are mixtures of law, economics and administrative action instituted to protect complex economic processes. Currently in the United States there is widespread confusion and doubt about the goals, values, structures and processes of antitrust law. This Article presents a comparative study of United States and Swedish antitrust law in an attempt to shed some light on the current confusion. Sweden offers a valuable comparison because it utilizes its antitrust law to achieve the same basic goals that are pursued under United States antitrust law, but it does so in a significantly different manner. Swedish antitrust law, in contrast …

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

Faculty Scholarship

No abstract provided.

Strategies For Entering Foreign Markets, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.