Comparative and Foreign Law Commons^™

Professional Responsibility, Nicholas Rine, Ly U. Meng

Books

The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any …

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs

Books

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase …

The Oracles Of The Law, John P. Dawson

Books

Based on the lectures delivered at The University of Michigan March 12, 13, 16, 17, and 18, 1959, on The Thomas M. Cooley Lectureship, under the title "Judges: Oracles of the Law."

This study will examine the nature and extent of the contribution that case law has made to the legal systems of England, Rome, France, and Germany. The emphasis will be historical, but the object will be to show the lasting effects of historical experience on modern usage and attitudes.

Comparative Conflict Resolution Procedures In Taxation: An Analytic Comparative Study, L. Hart Wright, Jean Van Houtte, Pierre Kerlan, Helmut Debatin, James Arthur Johnstone, H. Schuttevaer, Elizabeth G. Brown

Michigan Legal Studies Series

Tax administrators in well developed countries rarely have either occasion or opportunity to compare experiences or exchange opinions regarding procedures and practices utilized in administering complicated tax laws. Moreover, there is little comparative literature on the subject. Even the tax institutes which are internationally oriented usually focus on substantive tax principles, not procedures and practices. Hopefully, therefore, administrators in highly developed countries will find useful this analytic comparison of practices and procedures through which six of their number resolve disputable income tax questions -administratively and judicially.

Concern for tax administrators in well developed countries, however, was not the prime motivation …

Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults

Books

This book is an English translation of the Soviet Civil Code as published in Sovetskaia Iustitsiia in 1964. This book also includes the Russian original.

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

The third volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1950. With the continued support ofThe University of Michigan Law School and the cooperation of the Max-Planck-Institut für auslaändisches und internationals Privatrecht in Hamburg, this second edition of Volume III has been prepared. Plans for the revision of Volumes I and II were made before the death of the author on September 7, 1955, and the work was carried to completion by Dr. Ulrich Drobnig of the staff of the Institut in Hamburg. We were fortunate in obtaining the services of another well-qualified …

Soviet Legal Institutions: Doctrines And Social Functions, Kazimierz Grzybowski

Michigan Legal Studies Series

This book represents the highlight of a career of scholarship by its author and a most significant contribution to the literature, which will bring to those who seek it an understanding of the role law plays in Soviet Russia. More important, it will bring that understanding in a comparative context which sharpens the impact and compels a careful analysis of the social function legal institutions perform in both systems. Though Soviet jurists may deny the validity of comparative methodology as applied to the Soviet legal order, the analysis which is here presented proves not only that comparisons are possible but …

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

The second volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1947. This new edition completes the plan to revise the first two volumes, as arranged with the approval of the author before his death on September 7, 1955. Pursuant to this plan, the present edition has been made possible through the continued support of the work by the University of Michigan Law School and the generous cooperation of the Max Planck-Institut für aüslindisches und internationales Privatrecht in Hamburg, in making available the competent services of a member of the staff of the Institut, …

American Enterprise In The European Common Market: A Legal Profile. Volume 2., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of …

American Enterprise In The European Common Market: A Legal Profile. Volume 1., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of …

The Evolution Of British Planning Legislation, Beverley J. Pooley

Michigan Legal Studies Series

A part of the Legal Problems of Metropolitan Area Studies series by the Legislative Research Center of the University of Michigan Law School. Excerpt from the foreword by William J. Pierce, Director, Feb 2 1960:

This study, by Beverley J. Pooley, is the first in a series of monographs which will be published by the Center. It deals with the problems which have confronted British legislators and with the resultant Parlimentary enactments-- particularly in the post World War II era. This topic is necessarily broad, and therefore this monograph contains little detailed legal analysis of the various acts. Rather, the …

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were approved …

The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel

Michigan Legal Studies Series

With this fourth and final volume, the monumental survey of existing systems of conflicts law, initiated by the late Ernst Rabel in 1939 under the auspices of the American Law Institute but conducted after 1942 through the generous sponsorship of the University of Michigan Law School, is completed. It is most fortunate that, despite the fact that the present volume was prepared in various institutions during the years immediately preceding the author's death on September 7, 1955, he not only finished but also revised the proofs of the text; the various tables were later compiled at Ann Arbor.

Foreign Personal Representatives, Banks Mcdowell Jr.

Michigan Legal Studies Series

In dealing with the legal rules affecting foreign personal representatives, the author of the present monograph is to be commended for the lucid analysis in the following pages of the principal questions that an executor or administrator appointed in one state will encounter in the administration of a single estate on a multi-jurisdictional basis: his right to sue and liability to suit in other states, the effects of his extra-legal action outside the state of his appointment, and the possibilities of reforming existing laws so as to make feasible a system of single administration of decedents' estates. This analysis is …

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 …

Workshops On Legal Problems Of Atomic Energy, University Of Michigan Law School

Summer Institute on International and Comparative Law

In 1952 the University of Michigan Law School, as a part of its summer session program, offered an Institute entitled "Industrial and Legal Problems of Atomic Energy. " The 1946 Atomic Energy Act, creating a virtually complete government monopoly, was then in effect, and private development of peaceful uses of atomic energy was for the most part merely a gleam in the eyes of a few forward-looking individuals. The 1952 Institute was devoted to the task of obtaining a preview of atomic affairs to come. The speakers on the program could do no more than look forward and speculate on …

Lectures On Communications Media Legal And Policy Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook

Lectures On Federal Antitrust Laws, University Of Michigan Law School

Summer Institute on International and Comparative Law

The papers delivered at the 1953 Institute deal chiefly with current problems and policy questions under three major federal antitrust laws - the Sherman Act, the Federal Trade Commission Act, and the Clayton Act, including the Robinson-Patman Amendment. These statutes affect the daily operations of all sizes and types of American business. Judicial interpretations and the administration and enforcement of these laws involve both legal and economic criteria and tests of competition and monopoly. The Institute provided a forum for authoritative analysis of these aspects in order to create a better understanding of the antitrust laws as one of the …

Lectures On Atomic Energy Industrial And Legal Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the University of Michigan Law School has, as a part of its program of public service, sponsored a series of Summer Institutes, intended to provide a medium for high-level discussions of important problems in areas of public concern. The Institutes held in previous years are as follows:

• The First Summer Institute, July 15-23, 1948, "Current Problems in International Law"
• The Second Summer Institute, August 5-21, 1949, "Legal Problems of World Trade"
• The Third Summer Institute, June 26-July 1, 1950, "The Law and Labor-Management Relations"
• The Fourth Summer Institute, June 25-28, 1951, "Taxation of Business Enterprise"

The Fifth Summer …

Lectures On Taxation Of Business Enterprise, University Of Michigan Law School

Summer Institute on International and Comparative Law

The problems relating to the taxation of business enterprise cover a wide area. Economic considerations and policy problems, always present and always important, assume added significance in a crisis period marked by high budgets and the need for increased revenues. The interpretation and application of the tax laws, notably the federal income tax statutes, create problems as numerous as they are difficult and complex. Here is an area of interest that challenges the attention and interest of legislators, economists, lawyers, accountants, corporate executives and public administrators.

In its choice of the general theme for the 1951 Summer Institute and in …

Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School

Summer Institute on International and Comparative Law

The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …

The Conflict Of Laws: A Comparative Study. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

Among the multitude of conflicts principles that, according to various claims, should determine the law applicable to all contracts, only two have resisted the test of critical analysis. These, indeed, form an adequate groundwork. First, the freedom of parties to choose the law applicable to their contract must be recognized as a general rule without petty restraint. Second, in the absence of such agreement, a contract should be governed by the law most closely connected with its characteristic feature.

The first proposition is essential to the second. To deny party autonomy means rigid conflicts rules created by some superior authority. …

The Conflict Of Laws: A Comparative Study. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

The Conflict Of Laws: A Comparative Study. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

Review Of Administrative Acts : A Comparative Study Of The Doctrine Of The Separation Of Powers And Judicial Review In France And The United States, Armin Uhler

Michigan Legal Studies Series

The present study was originally inspired by the widespread interest in the doctrine of the separation of powers stimulated by current discussions of vital problems of administrative law. Frequent reference to this doctrine occurs especially in recent legal literature concerned with the relation between the administrative and judicial departments of government. Particular mention may be made of the attention which has been given the doctrine by the Special Committee on Administrative Law of the American Bar Association. However, the allusions to the doctrine in these discussions to prevalent separation of powers in the organization of government have not always been …

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

From Editor's Preface, v.1: "Believing that the time has come when this work would be increased in value by discarding altogether the notes of English editors, and substituting matter more especially important to American practitioners and students, the editor has prepared this edition under that conviction.... To the Review of the recent progress of the law appended to the Fourth Book, there has been also added a summary account of the British Colonial System and the System of Local Government, and the means given for comparison of these with analogous institutions in the United States."

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

"Believing that the time has come when this work would be increased in value by discarding altogether the notes of English editors, and substituting matter more especially important to American practitioners and students, the editor has prepared this edition under that conviction.... To the Review of the recent progress of the law appended to the Fourth Book, there has been also added a summary account of the British Colonial System and the System of Local Government, and the means given for comparison of these with analogous institutions in the United States."