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Articles 31 - 56 of 56

Full-Text Articles in Law

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm Dec 2000

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

James W. Diehm

The establishment of the rule of law is of paramount importance to the process of democratization. The acceptance of the precept that there is an independent body of law, and no one is above the law, is essential to the establishment of a government of and by the people. Only when presidents, kings, queens, and other rulers are subject to a higher law, can communism, fascism, and other dictatorships be eliminated and democracy prosper. If democracy is to be established in the countries of the former Soviet Union and if those countries are to succeed economically, there must be a …


Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner Jan 2000

Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner

Scholarly Articles

None available.


Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm Dec 1999

Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm

James W. Diehm

I have the honor and privilege of commenting on Professor Shelley's address, and not surprisingly to me, having long been an admirer of her and her work, I find myself in agreement with the comments that she made.


A New Start Calls For A Broadened Perspective, Nora V. Demleitner Oct 1999

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.


Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee Dec 1998

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.


Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.


European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.


Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler Jun 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.


Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger Jun 1998

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.


Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle Jan 1998

Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle

ILSA Journal of International & Comparative Law

Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.


International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher Jan 1997

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.


The O.J. Inquisition: An American Encounter With Continental Criminal Justice, Myron Moskovitz Jan 1995

The O.J. Inquisition: An American Encounter With Continental Criminal Justice, Myron Moskovitz

Publications

October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century. " After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.

Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the …


Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Dec 1994

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …


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.


The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo Jan 1989

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.


Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay Jan 1987

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …


Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu Jan 1982

Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.


The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba Feb 1977

The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba

University of Miami Inter-American Law Review

No abstract provided.


The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher Jan 1975

The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this paper is to review developments which have occurred in the victim’s role in criminal prosecutions under Ethiopian law. In contrast to the penal laws of modern Western states, which define a wide range of wrongful conduct as offensive to the state itself, the traditional Ethiopian law of wrongs viewed relatively few offenses thus. For the most part, the state confined itself to legitimating and assisting the victim’s own efforts to obtain redress.


Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher Oct 1971

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.


Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham Jan 1968

Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


The Presumption Of Innocence In The Soviet Union, George P. Fletcher Jan 1968

The Presumption Of Innocence In The Soviet Union, George P. Fletcher

Faculty Scholarship

The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …


A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein Jan 1963

A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.


A Latin American Lecture-Conference Tour, Jerome Hall Jan 1961

A Latin American Lecture-Conference Tour, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Translation Of The Penal Code In Force In Cuba And Porto Rico, Cuba, Puerto Rico, United States. Division Of Customs And Insular Affairs Jul 1900

Translation Of The Penal Code In Force In Cuba And Porto Rico, Cuba, Puerto Rico, United States. Division Of Customs And Insular Affairs

Cuban Law

Table of Contents: Book I. General provisions regarding crimes and misdemeanors, the persons liable, and the penalties. Book II. Crimes and their penalties. Book III. Misdemeanors and their penalties.


Code Civil Et Pénal Du Judaïsme, Jean De Pavly Jan 1896

Code Civil Et Pénal Du Judaïsme, Jean De Pavly

Civil Codes (1800-1923)

Traduit pour la première fois sur l'original chaldéo-rabbinique accompagne de notes et extraits des commentaires précédé d'une lettre adressée a l'auteur au nom de sa majesté l'empereur de Russie.

Bibliothèque Orientale Elzévirienne; 71.