Comparative and Foreign Law Commons^™

Is A Duty To Pay Tax Inherent In Affirmations Of Human Rights?, Jonathan M. Barrett

Washington and Lee Journal of Civil Rights and Social Justice

The United Nations’ Universal Declaration of Human Rights 1948 (the Universal Declaration), as the preeminent statement of human rights, informs numerous cognate covenants and declarations of rights, and charters of rights included in national constitutions. Unlike the rights declarations of the Enlightenment, the Universal Declaration affirms broad welfare rights, in addition to civil and political rights. No right or set of rights is superior to another; they are indivisible, interdependent and interrelated.

Declarations of rights may also include duties. The Organization of American States’ American Declaration of the Rights and Duties of Man 1948 (“the American Declaration”), for example, includes …

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy

Georgia Journal of International & Comparative Law

No abstract provided.

The Employee Right To Disconnect, Paul M. Secunda

Notre Dame Journal of International & Comparative Law

U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, e-mail, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from the …

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …

The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart

Georgia Journal of International & Comparative Law

No abstract provided.

Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser

Georgia Journal of International & Comparative Law

No abstract provided.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.

Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton

Georgia Journal of International & Comparative Law

No abstract provided.

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

Georgia Journal of International & Comparative Law

No abstract provided.

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.

The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar

University of Miami International and Comparative Law Review

National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …

Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron

University of Miami International and Comparative Law Review

No abstract provided.

Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector

University of Miami International and Comparative Law Review

No abstract provided.

Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper

ILSA Journal of International & Comparative Law

I have been observing events in Kosovo as someone interested not only in international tribunals, but also in German history, and especially in the way in which Germany has dealt with the legacies of World War I and the Holocaust.

Grenztiberschreitendes (Internationales) Insolvenzrecht Dervereinigten Staaten Von Amerika Und Der Bundesrepublik Deutschland (Cross-Border Bankruptcy Law Of The United States And Germany), By Edgar J. Habscheid, Hannah Buxbaum

Indiana Journal of Global Legal Studies

No abstract provided.

The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans

Michigan Journal of International Law

What role these rights and obligations could have played is the central theme of this article. However, in view of the enormous complexity of the problems involved, this article can do no more than provide a general overview. Sections II through VII will first sketch the outlines of the rights and obligations confronting the two German States before unification. Section VIII will compare those outlines to the actual political outcome of the unification process. The former six Sections will explore a number of different contexts in which legal rights and obligations could have been found.

German Unification: Constitutional And International Implications, Albrecht Randelzhofer

Michigan Journal of International Law

A discussion about the legal problems of German unification, taking into account the realms of German constitutional law, public international law, and the law of the European Communities.

Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert

Penn State International Law Review

While studying current legal developments in West Germany during the summer of 1979, the author became convinced that the most important development in German law in the past two decades was the movement toward empirical research about law. This research is often referred to by German jurists as fact research in law. During the intervening years, the author has been able to trace dome major developments of this movement.

The principal aim of this article is to furnish information to the American legal community about social-fact research in law resulting from the German experience. Discussion of Germany's experience is appropriate …

German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun

Northwestern Journal of International Law & Business

European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.

Conflict Of Laws-Renvoi Doctrine

Michigan Law Review

H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …