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1993

Comparative and Foreign Law

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Articles 1 - 30 of 163

Full-Text Articles in Law

Blood, Sin, And Death: Jehovah's Witnesses And The American Patient's Rights Movement, Charles Baron Aug 2013

Blood, Sin, And Death: Jehovah's Witnesses And The American Patient's Rights Movement, Charles Baron

Charles H. Baron

Appears in translation as "Sang, Péché et Mort: Les témoins de Jéhovah et le mouvement des droit des malades," at 93-104.


Ru 486 In The United States And Great Britain: A Case Study In Gender Bias, Denise Chicoine Dec 1993

Ru 486 In The United States And Great Britain: A Case Study In Gender Bias, Denise Chicoine

Boston College International and Comparative Law Review

No abstract provided.


English Legal System Shake-Up: Genuine Reform Or Teapot Tempest?, Ruth Fleet Thurman Dec 1993

English Legal System Shake-Up: Genuine Reform Or Teapot Tempest?, Ruth Fleet Thurman

Boston College International and Comparative Law Review

No abstract provided.


Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer Nov 1993

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to ...


Romania's Rapid Rule Of Law, Clifford Rechtschaffen Oct 1993

Romania's Rapid Rule Of Law, Clifford Rechtschaffen

Publications

No abstract provided.


White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling Oct 1993

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.


In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn Oct 1993

In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.


Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg Oct 1993

Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg

University of Miami Inter-American Law Review

No abstract provided.


The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle Oct 1993

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.


Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand Oct 1993

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand

University of Michigan Journal of Law Reform

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.


Blood, Sin, And Death: Jehovah's Witnesses And The American Patient's Rights Movement, Charles Baron Sep 1993

Blood, Sin, And Death: Jehovah's Witnesses And The American Patient's Rights Movement, Charles Baron

Charles H. Baron

Appears in translation as "Sang, Péché et Mort: Les témoins de Jéhovah et le mouvement des droit des malades," at 93-104.


Transboundary Pollution: Acid Rain And United States-Canadian Relations, Mark L. Glode, Beverly Nelson Glode Sep 1993

Transboundary Pollution: Acid Rain And United States-Canadian Relations, Mark L. Glode, Beverly Nelson Glode

Boston College Environmental Affairs Law Review

No abstract provided.


Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell Sep 1993

Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell

BYU Law Review

No abstract provided.


Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond Sep 1993

Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond

Penn State International Law Review

No abstract provided.


Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman Sep 1993

Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman

Penn State International Law Review

No abstract provided.


The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight Sep 1993

The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight

BYU Law Review

No abstract provided.


New Foreign Investment Regimes Of Russia And Other Republics Of The Former U.S.S.R.: A Legislative Analysis And Historical Perspective, William G. Frenkel, Michael Y. Sukham Aug 1993

New Foreign Investment Regimes Of Russia And Other Republics Of The Former U.S.S.R.: A Legislative Analysis And Historical Perspective, William G. Frenkel, Michael Y. Sukham

Boston College International and Comparative Law Review

No abstract provided.


Ancom: A New Attitude Toward Foreign Investment?, Eduardo A. Wiesner Jul 1993

Ancom: A New Attitude Toward Foreign Investment?, Eduardo A. Wiesner

University of Miami Inter-American Law Review

No abstract provided.


Ekmekdjian V. Sofovich: The Argentine Supreme Court Limits Freedom Of The Press, Leon Patricios Jul 1993

Ekmekdjian V. Sofovich: The Argentine Supreme Court Limits Freedom Of The Press, Leon Patricios

University of Miami Inter-American Law Review

No abstract provided.


Dahl's Law Dictionary. Diccionario Jurídico By Henry S. Dahl, Keith S. Rosenn Jul 1993

Dahl's Law Dictionary. Diccionario Jurídico By Henry S. Dahl, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.


Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura Jul 1993

Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura

Washington International Law Journal

Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.


Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs Jul 1993

Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs

Washington International Law Journal

This comment examines the likelihood that the Japanese government will promote investments in energy efficiency programs in the developing world with funding from its Official Development Assistance (ODA). The Japanese Prime Minister has stated that Japan will support the promotion of sustainable development in the developing world, primarily through disbursements of its ODA funds. The need to promote investments in energy efficiency projects in the developing world is widely accepted by proponents of sustainable development. However, the likelihood that Japan will replace its current ODA energy program, which targets investments in energy generation, with a program that promotes investments in ...


Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson Jul 1993

Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson

Washington International Law Journal

The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of ...


The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood Jul 1993

The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood

Washington International Law Journal

With the end of the Cold War, the North-South Korean relationship has been the focus of increasing attention in the international community. In 1991, after years of tense and hostile relations, the two states adopted the Korean Reconciliation Treaty. To assess the prospects for successful reunification of the two Koreas through the Treaty, this comment compares it with the German Basic Treaty of 1984, which promotes similar goals of reunification of divided states. The comparison shows that the German Treaty has been more successful in facilitating unification, due largely to its relative flexibility in implementation. This comment proposes that the ...


The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao Jun 1993

The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao

Washington International Law Journal

As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes ...


Lessons From A Changing Japan, John Owen Haley Jun 1993

Lessons From A Changing Japan, John Owen Haley

Washington International Law Journal

As suggested by the title, these comments center on three propositions: that Japan is changing; that somehow Japan in the process of such change has something to teach us; and finally, that we have something to learn from Japan. Living in Japan over the past six months—the longest period during which I have continuously lived in Japan since the early 1970's—I have been startled by the extent of intellectual and material changes. Although some may belittle the Japanese slogan kokusaika, I am deeply impressed by the profound "internationalization" of Japanese attitudes and understanding. As goods, services, and ...


Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel Jun 1993

Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel

Washington International Law Journal

The Republic of China underwent a rapid political transformation from an authoritarian nation to a democratic state which required change at every level of the government. The ROC's Council of Grand Justices has contributed to this period of reform through a number of constitutional interpretations which have resulted in greater individual liberties and further restrictions on government actions. This has been accomplished even though the Council operates against substantive and procedural limitations on its powers. A review of these Council interpretations from the past decade reveals that the Council has made steady inroads towards fulfilling its role as the ...


Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler Jun 1993

Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler

Washington International Law Journal

This translation of an original Japanese language work, by Hiroshi Naka and Akio Nakamura, both of the Japanese Ministry of Finance, details the reforms of Japan's financial and securities & exchange system made under the recently enacted System Reform Act. The major reforms under the Act include: (1) altering the "Glass Steagall" rule (the separation of securities business and banking business) in Japan so that banks and securities companies can engage in each other's business through their subsidiaries; (2) extending securities regulations to some new types of structured finance; (3) amending public offering provisions and providing new articles for private placement; and (4) amending and adding provisions to secure the soundness of banking operations, including capital requirements, and safeguards against harmful side effects (firewalls) which may arise from a bank's moving into securities business. This English language translation, along with the translators' detailed notes, provide an insightful ...


Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman Jun 1993

Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman

Washington International Law Journal

On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts ...


"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu Jun 1993

"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu

Washington International Law Journal

During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past ...