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1991

Comparative and Foreign Law

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Articles 1 - 30 of 131

Full-Text Articles in Law

Lessons Of Founding Fatherhood, Neal Devins Nov 1991

Lessons Of Founding Fatherhood, Neal Devins

Popular Media

No abstract provided.


Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg Oct 1991

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman Oct 1991

A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman

University of Miami Inter-American Law Review

No abstract provided.


The New Colombian Constitution: Democratic Victory Or Popular Surrender?, William C. Banks, Edgar Alvarez Oct 1991

The New Colombian Constitution: Democratic Victory Or Popular Surrender?, William C. Banks, Edgar Alvarez

University of Miami Inter-American Law Review

No abstract provided.


A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich Sep 1991

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review

No abstract provided.


An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca Sep 1991

An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca

Penn State International Law Review

No abstract provided.


British Resistance To European Integration: An Historical And Legal Analysis With An Examination Of The United Kingdom's Recent Entry Into The European Monetary System, Allen Neely Sep 1991

British Resistance To European Integration: An Historical And Legal Analysis With An Examination Of The United Kingdom's Recent Entry Into The European Monetary System, Allen Neely

Penn State International Law Review

No abstract provided.


Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo Sep 1991

Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo

Penn State International Law Review

No abstract provided.


Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin Sep 1991

Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin

Penn State International Law Review

No abstract provided.


Glasnost And Perestroika At West Virginia University: The College Of Law's Soviet Exchange Program, Donald G. Gifford Sep 1991

Glasnost And Perestroika At West Virginia University: The College Of Law's Soviet Exchange Program, Donald G. Gifford

West Virginia Law Review

No abstract provided.


An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger Jul 1991

An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger

Indiana Law Journal

No abstract provided.


Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay Jul 1991

Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay

University of Miami Inter-American Law Review

No abstract provided.


Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay Jul 1991

Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay

University of Miami Inter-American Law Review

No abstract provided.


The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii Jun 1991

The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii

Washington and Lee Law Review

No abstract provided.


Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill May 1991

Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill

Vanderbilt Journal of Transnational Law

The 1980s will go down in history as the Decade of Democracy. Latin America, Europe, and even parts of Africa saw remarkable gains in political pluralism and individual freedoms, but nowhere was this more pronounced than in central and eastern Europe and the Balkans.

As Timothy Garton Ash chronicled in his inspiring essays, The Magic Lantern, the movements of a people from totalitarianism to freedom were remarkably peaceful. Once started, the speed was breathtaking. This dash toward freedom is epitomized in Ash's quip made famous by playwright, turned President, Vaclav Havel: "In Poland it took ten years, in Hungary ten …


Trade And Business Opportunities In Poland, Marek Kulczycki May 1991

Trade And Business Opportunities In Poland, Marek Kulczycki

Vanderbilt Journal of Transnational Law

Economic policies of the Polish Government are aimed at achieving two fundamental objectives. In the short run, the objective is rapid deceleration of high inflation and general stabilization of the Polish economy. In the long run, the objective is an irreversible transformation of the Polish economic system into a free market economy. Implementation of both policy objectives has been taking place simultaneously since January 1, 1990.

In the short term, the most important problem for us is the stabilization of the economy. Fighting inflation is perhaps the most urgent problem for us. If we cannot manage with this, it will …


Eastern Europe: Observations And Investment Strategies, Marek Wierzbowski May 1991

Eastern Europe: Observations And Investment Strategies, Marek Wierzbowski

Vanderbilt Journal of Transnational Law

It is my impression that right now an American lawyer has no problem getting acquainted with East European laws concerning foreign investment. There are so many translations now in this country that almost every new law is immediately translated into English. The American lawyer can get to this text at almost the same time as the East European lawyer can get to it.

So it is very easy to get acquainted with legal texts of the most important laws from the point of view of foreign investors, but there are some traps. And it is my impression that when lawyers …


Aspects Of Soviet Law On Joint Ventures, Foreign Trade, And Investment: A Bibliographic Survey Of Current Literature In English, Igor L. Kavass May 1991

Aspects Of Soviet Law On Joint Ventures, Foreign Trade, And Investment: A Bibliographic Survey Of Current Literature In English, Igor L. Kavass

Vanderbilt Journal of Transnational Law

The following is a compilation of works from widely dispersed sources in legal, economic, and business literature, including significant pronouncements made by professors, practicing lawyers, business people, and students. Journal articles are the predominant genre, and we have found it expedient to organize the gamut of views represented therein into several sections. With the growing consolidation and maturity of joint venture practices, the trend in publication is moving towards monographs, legislative compilations, practice manuals, and lengthy theoretical works. They appear to be phasing out articles from their place at the forefront of research.

All the same, the reader eventually will …


Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen May 1991

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …


Women And Law In Classical Greece, Craig Y. Allison May 1991

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey


Justice, Mercy, And Late Medieval Governance, Pat Mccune May 1991

Justice, Mercy, And Late Medieval Governance, Pat Mccune

Michigan Law Review

A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell


Harmony, Law, And Anthropology, Daniel H. Levine May 1991

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader


From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham May 1991

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman


Roman Law As A Political Agenda, Mathias Reimann May 1991

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman


Books Received, Law Review Staff Apr 1991

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.


The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa Jan 1991

The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa

UC Law SF International Law Review

Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.


Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato Jan 1991

Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato

UC Law SF International Law Review

This Article analyzes the possibility of twenty-four hour trading from a market regulator's perspective. The author proposes four alternative patterns on which to base a twenty-four hour securities market and concludes that linking exchanges in different time zones, along the lines of the foreign exchange market, represents the most realistic possibility. The author warns, however, that current trends towards standardization do not necessarily represent the creation of a global market or even the desire for one. The competitive nature of stock exchanges must be recognized by market regulators in striving towards this goal.


Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson Jan 1991

Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson

UC Law SF International Law Review

With the advent of Tokyo as one of the world's leading securities markets, the importance of uniform trade laws has become paramount. The author examines some of the cultural idiosyncrasies of doing business in the United States and Japan which may hinder this goal. He argues that these must be well understood before regulations creating a global market can be implemented.


Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui Jan 1991

Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui

UC Law SF International Law Review

There have been many new developments in Japanese securities law in the last few years. The author reviews some of the most important of these developments, including the movement to allow banks to participate in the securities business and new regulations pertaining to insider trading and disclosure. The author describes the substance of these new developments and analyzes the potential and actual effects of each of them.


Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck Jan 1991

Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck

UC Law SF International Law Review

In this Article, the author analyzes global trading by financial intermediaries of stocks, securities, and other products. To focus the analysis, the author describes typical organizational and locational patterns and points out the high degree of international functional integration common in this activity. The Article next discusses the current tax rules applicable to global trading. The author focuses on the Organization for Economic Cooperation and Development model income tax treaty and the Internal Revenue Code rules that govern the apportionment among jurisdictions of the profits of this activity. The author concludes that global trading challenges many fundamental economic assumptions upon …