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Articles 1 - 29 of 29
Full-Text Articles in Comparative and Foreign Law
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Articles
Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …
Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas
Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas
Articles
Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
Articles
The following is an English language translation of a 2008 Chinese language article on John C.H. Wu, Soochow Law School LL.B. 1920 and Michigan Law School, J.D. 1921, by Professor Li Xiuqing of Shanghai's East China University of Political Science and Law. Li is a specialist in Chinese and foreign legal history, with a focus on the transplant of Western and Japanese law into China during the late imperial and modern era. She also serves as the Secretary-General of the China Foreign Legal History Association. In 2006-07, Li was a Fulbright Scholar at the University of Michigan Law School, where …
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …
Why China?: A Startling Transformation, Nicholas C. Howson
Why China?: A Startling Transformation, Nicholas C. Howson
Articles
Another vantage point—the view from inside China— reveals a process of transformation even more startling and far-reaching than the external manifestations of China’s rise.
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Michigan Journal of International Law
This article first explains the chart in Appendix II, which summarizes important parts of the survey responses. Then, some general observations are made based on the results of the survey illustrating the significance of the compiled data. Finally, some recommendations are made, based upon the author's and others' experience, about the future direction of judicial education and training programs as it relates to establishing or reforming such programs in the Asia/Pacific region and beyond.
The Challenge Of Asian Law, Whitmore Gray
The Challenge Of Asian Law, Whitmore Gray
Articles
Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. A few had taught courses dealing with Asia before beginning their law studies.
Roman Law As A Political Agenda, Mathias Reimann
Roman Law As A Political Agenda, Mathias Reimann
Michigan Law Review
A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman
Litigation Abuse And The Law Schools, John W. Reed
Litigation Abuse And The Law Schools, John W. Reed
Articles
At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …
Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth
Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth
Michigan Law Review
A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White
Legal Education In The Soviet Union And Eastern Europe, Whitmore Gray
Legal Education In The Soviet Union And Eastern Europe, Whitmore Gray
Articles
The following notes are based on interviews with law professors, law students and lawyers during a brief trip in 1970 to Moscow, Budapest and Prague. On previous visits in 1959 and 1965 the writer had visited law schools in Kiev, Baku, Tbilisi, Alma Ata, Leningrad, Prague and Warsaw, and had sat in on lectures, recitation sections, and examinations.1 In looking this time for changes, the writer was particularly interested in whether there was some reflection there of the general student malaise which the United States has been experiencing, manifested in American law schools in student pressure for "relevant" courses and …
The Basic Course—A Mild Dissent, Whitmore Gray
The Basic Course—A Mild Dissent, Whitmore Gray
Articles
Perhaps it is unusual to start a discussion of a topic with a dissent from the assumption underlying its choice, but I think that in the present case this may be justified. The present topic was no doubt selected because for many years teachers have viewed the course in "comparative law" as a basic course, leading subsequently to specialized courses or research in various subject matters or geographical areas. In fact, the other two speakers on this afternoon's program, Professors Rudolf Schlesinger of Cornell and Arthur von Mehren of Harvard, are both on record in the form of their casebooks …
Hessel E. Yntema, Michigan Law Review
Hessel E. Yntema, Michigan Law Review
Michigan Law Review
A Memorial Tribute for Hessel E. Yntema
Chinese Communist Law: Its Background And Development, Luke T. Lee
Chinese Communist Law: Its Background And Development, Luke T. Lee
Michigan Law Review
It is perhaps axiomatic to state that law is more than an instrument for the settlement of disputes and punishment of wrongdoers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even …
Schlesinger: Comparative Law: Cases-Text-Materials (Second Edition), Spencer L. Kimball
Schlesinger: Comparative Law: Cases-Text-Materials (Second Edition), Spencer L. Kimball
Michigan Law Review
A Review of Comparative Law: Cases-Text-Materials (Second Edition). By Rudolf B. Schlesinger
International Law And The United Nations, University Of Michigan Law School
International Law And The United Nations, University Of Michigan Law School
Summer Institute on International and Comparative Law
In June, 1955, the University of Michigan Law School held a six-day Summer Institute dealing with problems of international law and of the United Nations. This was the eighth in the series of annual Summer Institutes dealing with important problems in areas of public concern, often with particular emphasis upon the comparative or international law aspects involved. The 1955 Institute came at the time of the tenth anniversary of the signing of the United Nations Charter on June 26, 1945, and approximately a decade after the termination of hostilities in World War II. The growth of the United Nations during …
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Michigan Law Review
Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …
Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review
Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review
Michigan Law Review
The fifth series of Thomas M. Cooley Lectures will be given on April 15, 16, and 17 at 4:15 p.m. in Room 120, Hutchins Hall, University of Michigan Law School. The lecturer will be Professor Hessel E. Yntema of the University of Michigan Law School faculty. He will speak on the general subject, "Perspectives in Conflicts Law."
The Law School 1947-1948, E. Blythe Stason
The Law School 1947-1948, E. Blythe Stason
Michigan Law Review
The academic year 1947-1948 opened with the largest student enrollment in the history of the University of Michigan Law School, overflowing the Law Quadrangle and making the year notable for large classes and keen competition. The 417 beginning students, 329 second-year students, 345 seniors, 10 candidates for advanced degrees in law, and 6 special students, all add up to a grand total of 1107 prospective lawyers. This figure compares with an enrollment of 956 at a corresponding time in the fall semester a year ago, and 641 in the pre-war year 1940-1941.
Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant
Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant
Michigan Law Review
Clovis Bevilaqua is a monument in the history of Brazilian law. His death on July 26, 1944, closed the door on an epoch. When he began his career in the eighties, Brazilian law, with the exception of the commercial code, was uncoordinated and outmoded. Now. Brazil is in a period of very active work on the recodification of its laws and their adaptation to the needs of modern life. Not all of this change is the work of one man, but Bevilaqua was the principal lingering representative, among the lawyers, of the intellectual movement that accompanied the setting up of …
Research In Inter-American Law At The University Of Michigan, Hessel E. Yntema
Research In Inter-American Law At The University Of Michigan, Hessel E. Yntema
Michigan Law Review
In the Americas, the historic trade routes have run east and west, more than north and south. Geographic necessity has decreed that, subject to possible reorientation with the future development of aviation, the dominant factor influencing the course of commerce with this hemisphere should be the open sea. Westward across the Atlantic, came the explorers, the conquistadors, the pioneers, succeeded by wave after wave of immigration to the New World, seaborne on argosies that, laden with the fabulous spoils and profits of empire, returned to the homelands the tribute of the New to the Old World. Achievement in the Nineteenth …
Civil Justice In Germany, Burke Shartel, Hans Julius Wolff
Civil Justice In Germany, Burke Shartel, Hans Julius Wolff
Michigan Law Review
Our aim in preparing this paper is to develop for American lawyers a picture of the functioning of German civil justice. This aim, as well as the paper itself, is an outgrowth of a series of lectures on the German legal system delivered by the authors as background in the law of military occupation for the Judge Advocate General's School of the United States Army in Ann Arbor. That part of these lectures which concerns the operation of German civil justice seems to us of sufficient intrinsic interest to warrant publication.
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
Michigan Law Review
The acquaintance of German lawyers with American trade-mark law and protection against unfair trading was based until now on the individual studies of persons especially interested in this subject. German textbooks and commentaries on industrial property rights treat international and foreign rules too, but they scarcely give a sufficient notion of how to create a valid trade-mark and protect the trader in his full enjoyment thereof in the U. S. A. Yet the necessity of having such knowledge is a rather broad one in Germany as in all other European countries selling trade-marked articles to their customers on the other …
The Book Of English Law
Michigan Law Review
A Review of THE BOOK OF ENGLISH LAW By Edward Jenks.
Review: Annual Survey Of English Law, 1928 And State Law Index-An Index And Digest To The Legislation Of The United States Enacted During Ths Biennium 1925-1926.
Michigan Law Review
A Review of ANNUAL SURVEY OF ENGLISH LAW, 1928. By the London School of Economics and Political Science., and STATE LAW INDEX-AN INDEX AND DIGEST TO THE LEGISLATION OF THE UNITED STATES ENACTED DURING THS BIENNIUM 1925-1926. By the Legislative Reference Service of the Library of Congress.
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Articles
Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …
Law As A Culture Study, Edson R. Sunderland
Law As A Culture Study, Edson R. Sunderland
Articles
That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …
With Some Considerations Regarding The Study Of The Law, Thomas M. Cooley
With Some Considerations Regarding The Study Of The Law, Thomas M. Cooley
Other Publications
Thomas M. Cooley's editions of Blackstone's Commentaries were the 19th century's "standard editions" of American analyses of the title. "The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led hem to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest. Lapse of time does not seem to diminish their attractions, or to lesson materially their practical value." Cooley's Preface explains that he came to edit the Commentaries with the awareness …