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Articles 1 - 30 of 67
Full-Text Articles in Law
Legislative Regulation Of Fetal Experimentation: On Negotiating Compromise In Situations Of Ethical Pluralism, Charles Baron
Legislative Regulation Of Fetal Experimentation: On Negotiating Compromise In Situations Of Ethical Pluralism, Charles Baron
Charles H. Baron
No abstract provided.
The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, Francisco V. Garcia-Amador
The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, Francisco V. Garcia-Amador
University of Miami Inter-American Law Review
No abstract provided.
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
Faculty Publications
No abstract provided.
Compassion And Pragmatism, James C. Hathaway
Compassion And Pragmatism, James C. Hathaway
Articles
Open wide the floodgates?
Much of the initial media reaction to the recently released Plaut Report on the refugee status determination process unfortunately has given the impression that the changes proposed will in some sense give rise to "gatecrashing" by persons unwilling to comply with ordinary immigration requirements, thereby jeopardizing the ability of Canada to ensure the integrity of its borders. We are told that the adoption of the study's proposals would "encourage purported refugees to arrive here in numbers that would soon overwhelm [the proposed] procedures" (Globe and Mail editorial, June 20, 1985).
This is far from accurate.
It …
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
Scholarly Works
In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
BYU Law Review
No abstract provided.
Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas
Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas
BYU Law Review
No abstract provided.
Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis
Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis
Dalhousie Law Journal
Universities have recently been subjected to increased demands for judicial scrutiny of the conduct of their affairs, especially in the area of procedural review. Much of the academic writing has concentrated on these developments as they affect the academic staff of the university.' This article seeks to redress the balance by considering procedural fairness in the context of university decision-making as it affects students. A study of university decision-making provides a useful framework for a more general consideration of the new approach to "procedural fairness" with its emphasis on balancing the nature of the decisions against the competing interests of …
Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge
Patriation Of The Canadian Constitution: Comparative Federalism In A New Context, William C. Hodge
Washington Law Review
The Canadian constitution, also known as the British North America Act, 1867, has been "patriated." Of that bundle of sticks that, fastened together, constitute sovereign autonomy, a significant few continued to rest with the British Parliament until 1982—a condition the Canadians found humiliating and the British embarrassing. With the passage of the Canada Act by the Parliament of the United Kingdom on March 29, 1982, and with royal approval, the Canadians became masters of their own house, having gained complete internal powers of constitutional amendment. But an equally important constitutional event was the process of patriation itself inasmuch as it …
M.C. Hoadley And M.B. Hooker's An Introduction To Javanese Law: A Translation Of And Commentary On The Agama, David M. Engel
M.C. Hoadley And M.B. Hooker's An Introduction To Javanese Law: A Translation Of And Commentary On The Agama, David M. Engel
Book Reviews
No abstract provided.
Liability Of Warehousemen For Loss And Damage To Goods: A Comparative View, D. E. Murray
Liability Of Warehousemen For Loss And Damage To Goods: A Comparative View, D. E. Murray
University of Miami Inter-American Law Review
No abstract provided.
Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.
Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.
University of Miami Inter-American Law Review
No abstract provided.
The Origins Of Property In England, Robert C. Palmer
The Origins Of Property In England, Robert C. Palmer
Faculty Publications
No abstract provided.
Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan
Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
Michigan Law Review
A Review of The Well-Ordered Police State: Social and Institutional Change Through Law in the Germanies and Russia, 1600-1800 by Marc Raeff
Remade In Japan, Jennifer Friesen
Remade In Japan, Jennifer Friesen
Michigan Law Review
A Review of Japan's Reshaping of American Labor Law by William B. Gould
The Black Book Of Polish Censorship, Michigan Law Review
The Black Book Of Polish Censorship, Michigan Law Review
Michigan Law Review
A Review of The Black Book of Polish Censorship translated and edited by Jane Leftwich Curry
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
Lawyers In Soviet Work Life, Michigan Law Review
Lawyers In Soviet Work Life, Michigan Law Review
Michigan Law Review
A Review of Lawyers in Soviet Work Life by Louise I. Shelley
The Servants, Stephan Landsman
The Servants, Stephan Landsman
Michigan Law Review
A Review of Barristers' Clerks, the Law's Middlemen by John Flood
Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind
Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
UC Law SF International Law Review
No abstract provided.
Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship
Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship
UC Law SF International Law Review
No abstract provided.
Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho
Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho
UC Law SF International Law Review
The 1980 Refugee Act was created to replace earlier ad hoc measures with a comprehensive refugee admissions program. To this end, the 1980 Refugee Act adopted a non-ideological refugee definition from the 1967 United Nations Protocol Relating to the Status of Refugees. Discriminatory patterns in refugee admissions persisted after 1980, however, due in part to procedural requirements incorporated from earlier immigration legislation and in part to State Department input into the newly created asylum procedures under the 1980 Act. The treatment afforded Salvadoran refugees demonstrates the continued ideological thrust of refugee admissions after 1980. This Note suggests an application of …
Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman
Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman
UC Law SF International Law Review
Throughout Anglo-American history those in government have sought to silence opposition. Public discussion and dissent, however, are essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironically, when public scrutiny is most needed, governments restrict the public access to information and the right to criticize governmental activities. This Article analyzes the English and United States governments' attempts to limit public access to information. Both systems recognize legitimate limitations on the right of access only when necessary to protect sensitive governmental functions. In England, however, the restriction is broader. Public access can be limited to protect …
Exclusionary Rules In France, Germany, And Italy, Walter Pakter
Exclusionary Rules In France, Germany, And Italy, Walter Pakter
UC Law SF International Law Review
This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …
Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher
Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher
UC Law SF International Law Review
Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.
State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton
State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton
UC Law SF International Law Review
The constitutionality of the states' use of tax apportionment method to tax income of multinational corporations has been disputed for some time. This Note considers the constitutional challenges advanced by domestic corporations with foreign affiliates and the solution provided by the United States Supreme Court. The Note then analyzes whether a different result is warranted in the case of a foreign parent corporation with domestic affiliates and whether congressional action is necessary to resolve the issue in the foreign commerce context.
Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn
Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn
LLM Theses and Essays
This paper will examine regulations relating to transactions by foreigners in the United States securities markets and compare with investor protection in the U.K. and Thailand. It will also examine the manner in which the U.S. seeks to control extraterritorial securities transactions.
Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb
Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb
LLM Theses and Essays
Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.