Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Law reform (4)
- Legal systems (4)
- Development (3)
- Governance (3)
- Legal institutions (3)
-
- Democracy (2)
- Globalization (2)
- Legal culture (2)
- 9/11 (1)
- Administrative Procedure Act (1)
- Adversarial nature (1)
- Banks (1)
- Beggars (1)
- Bosnia–Hercegovina (1)
- Checks and balances (1)
- Code of Criminal Procedure (1)
- Comparative law (1)
- Compensation (1)
- Constitution (1)
- Constitutional law (1)
- Contracts (1)
- Costa Rica (1)
- Counterterrorism (1)
- Earnings (1)
- East Timor (1)
- Economics (1)
- European Court of Human Rights (1)
- European Court of Justice (1)
- European union (1)
- Executive detention power (1)
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Comparative and Foreign Law
What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis
What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis
Michigan Journal of International Law
In 2001 per capita income in Haiti was $480, the infant mortality rate was seventy-nine per 1000 live births and the illiteracy rate (age fifteen and over) hovered around fifty percent. By comparison, in the United States, less than two hours flying time away, the per capita income was $34,280, the infant mortality rate was seven per 1000 live births, and the illiteracy rate was negligible. Understanding the reasons why these sorts of disparities in important measures of development arise and persist is one of the greatest challenges in all of the social sciences.
The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich
The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich
Michigan Journal of International Law
This paper probes the manner in which the IFIs are managing the incorporation of social justice and greater participation in the development agenda, and describes how the pursuit of social objectives, in turn, is affected by the governance agenda as a whole.
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Michigan Journal of International Law
This Article is intended to bring the U.S. legal community up to date on the attempt in Italy to put in place a more accusatorial trial system. The Article is divided into three sections. Section I describes the central provisions of the Code of Criminal Procedure that was adopted in 1988. It shows that a close look at the Italian system reveals that it was never intended to be an exact model of either the U.S. or English trial systems, because it always contained central features that are found in civil law systems on the continent. Rather, the changes in …
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Articles
In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
Michigan Journal of International Law
Review of Hindu Law: Beyond Tradition and Modernity by Werner F. Menski
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Michigan Journal of International Law
This Article asserts that judicial exchange rather than dominance has inherent advantages as a technique for evolving a global legal culture. For insight into the global task, the Article looks first at an internecine struggle within the continental system. For further background, it describes how the U.S. Supreme Court has accommodated deviations from the basic legal model in U.S. administrative law as well as other internal U.S. legal systems. The supranational tribunals in the European setting and U.S. Supreme Court have shown the capacity to engage in dialogues over diverse legal philosophies. These experiences demonstrate the advantages of a mix …
Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi
Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi
Michigan Journal of International Law
In the post-1989 world, the primacy of private property is taken for granted. The final fall of communism, it would seem, is an adequate commentary of the supremacy of private property arrangements in facilitating economic development. Debates pitting plan (with its associated appetite for communal or collective property) against market (with its avowed belief in private property) are now considered superfluous. As far as the "Western world" was concerned, it seemed that the task of persuading the rest of the world that private property is the key to efficient market performance and economic development had finally been accomplished. The only …
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
Michigan Journal of International Law
In this paper, the authors briefly review the recent experience with rule of law reform initiatives in Latin America, Africa, and Central and Eastern Europe, drawing on more detailed case studies by the authors. The authors are currently working on a similar case study on rule of law reform experiences in Asia.
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Michigan Journal of International Law
The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Michigan Law Review
Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Book Chapters
Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's …
Home And Homelessness In The Middle Of Nowhere, William I. Miller
Home And Homelessness In The Middle Of Nowhere, William I. Miller
Book Chapters
In Iceland one must have a home; it is an offense not to-in some circumstances, a capital offense. A sturdy beggar was liable for full outlawry, which meant he could be killed with impunity. The laws are hard on vagrants. Fornication with a beggar woman was unactionable; it was lawful to castrate a vagabond, and he had no claim if he were injured or killed during the operation. One could take in beggars solely for the purpose of whipping them, nor was one to feed or shelter them at the Thing on pain of lesser outlawry. Their booths at the …