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Comparative and Foreign Law Commons

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Articles 1 - 3 of 3

Full-Text Articles in Comparative and Foreign Law

Viet Nam's First Modern Penal Code, John Quigley Jan 1988

Viet Nam's First Modern Penal Code, John Quigley

NYLS Journal of International and Comparative Law

No abstract provided.


Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando Jan 1988

Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando

NYLS Journal of International and Comparative Law

Translated by B.J. GEORGE, JR


Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …