Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Courts (2)
- China (1)
- Chinese People's Court (1)
- Comparative Jurisprudence (1)
- Comparative and Foreign Law (1)
-
- Critical Spatial Studies (1)
- Critical Spatial Studies and Law (1)
- Elite Institutionalism (1)
- Elites (1)
- Fundamental Rights (1)
- Judicial Activism (1)
- Judicial Decisionmaking (1)
- Judicial Power (1)
- Law and Society (1)
- Law in India, India, Law in South Asia (1)
- Legal institutions (1)
- Public Interest Litigation (1)
- Public Law and Legal Theory (1)
- Rights (1)
- Supreme Court of India (1)
Articles 1 - 5 of 5
Full-Text Articles in Comparative and Foreign Law
China's Judicial System And Judicial Reform, Nicholas Howson
China's Judicial System And Judicial Reform, Nicholas Howson
Nicholas Howson
The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Manoj S. Mate
Conclusion — The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert Tsai
Conclusion — The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert Tsai
Robert L Tsai
This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Brennan
Patrick McKinley Brennan
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
Social Architecture And The Law: Law, Through The Lens Of Religion, Lorin Geitner
Social Architecture And The Law: Law, Through The Lens Of Religion, Lorin Geitner
Lorin C. Geitner
How can we account for the differing popular images of attorney in variouscountries? One way of doing so may be to bring a paradigm developed in religious studies toexamine the most publically accessible and prototypical venue for attorneys, the courtroom.Specifically, applying the model of critical spatial studies developed by Lefebvre and Soja inorder to examine religious ritual space to bear on a different kind of ritual space, the courtroom,its structure, organization, and use may illuminate both societal understandings of how the lawrelates to the citizen, but also inform the differing perception and status of lawyers in the United States, Britain, …