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Comparative and Foreign Law Commons

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Articles 1 - 22 of 22

Full-Text Articles in Comparative and Foreign Law

Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr. Apr 2017

Linnaean Taxonomy And Globalized Law, Ronald J. Krotoszynski Jr.

Michigan Law Review

Review of The Court and the World: American Law and the New Global Realities by Stephen Breyer.


Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol Apr 2017

Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol

Michigan Law Review

Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.


Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford Apr 2008

Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford

Michigan Law Review

Embodied in the Universal Declaration of Human Rights is the evocative proposition that "[e]veryone has the right to freedom of opinion and expression." Beneath that abstraction there is anything but universal agreement. Modern democratic societies disagree on the text, content, theory, and practice of this liberty. They disagree on whether it is a privileged right or a subordinate value. They disagree on what constitutes speech and what speech is worthy of protection. They disagree on theoretical foundations, uncertain if the right is grounded in libertarian impulses, the promotion of a marketplace of ideas, or the advancement of participatory democracy. They …


Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman Apr 2008

Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman

Michigan Law Review

This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.


China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang Jan 2008

China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang

Michigan Law Review

These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …


Is There A Future For Leniency In The U.S. Criminal Justice System?, Nora V. Demleitner May 2005

Is There A Future For Leniency In The U.S. Criminal Justice System?, Nora V. Demleitner

Michigan Law Review

The spring 2004 release of the gruesome pictures of sexual humiliation and torture at Abu Ghraib prison outside of Baghdad revealed how some U.S. troops, intelligence officers, and private contractors treated Iraqi prisoners taken during and after the war. High-ranking government officials may have condoned, if not encouraged, the abuses. Only reluctantly have they agreed to extend protections customarily accorded civilians and military fighters during a war to individuals detained in Iraq and Afghanistan. As Congressional investigations appear to have stalled, military inquiries have been manifold but resultless. Only a handful of low ranking soldiers have been court-martialed, and a …


Skeie: Odelsretten Og Aseteretten, Nils B. Skavang Jun 1953

Skeie: Odelsretten Og Aseteretten, Nils B. Skavang

Michigan Law Review

A Review of ODELSRETTEN OG ASETERETTEN By Jon Skeie.


Soviet Civil Law: A Review, Roscoe Pound Nov 1951

Soviet Civil Law: A Review, Roscoe Pound

Michigan Law Review

Here is an excellent and much needed book. Although the enthusiastic wishful thinking about things Russian, fashionable not so long ago, has for the most part abated, the rise of a new social and economic order on a great scale must call for careful study by lawyers and law-makers no less than by historians and economists and students of politics. Now that a generation has been at work constructively since the destructive era of militant communism after the revolution, we need accurate and objectively presented and interpreted information as to how the administration of justice goes on under "the dictatorship …


Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee Jun 1951

Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee

Michigan Law Review

A Review of UNJUST ENRICHMENT: A COMPARATIVE ANALYSIS. By John P. Dawson.


Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller Jun 1949

Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller

Michigan Law Review

Reading Andrei Y. Vyshinsky's The Law of the Soviet Union ought to be a stimulating and rewarding experience. It is an exposition. of Soviet legal philosophy and of the theory and practice of Soviet public or "state" law. Throughout it purports to compare the premises that underlie Soviet law with those on which ''bourgeois" legal systems are based. Vyshinsky, a famous world figure and the present minister for foreign affairs of the U.S.S.R., wrote part of the book and supervised compiliation of the remainder. The decision of the American Council of Learned Societies to sponsor a translation of the work …


The Struggle For Democracy In Germany, Michigan Law Review Jun 1949

The Struggle For Democracy In Germany, Michigan Law Review

Michigan Law Review

A Review of THE STRUGGLE FOR DEMOCRACY IN GERMANY. Edited by Gabriel A. Almond.


Hastings: The Court Of Common Pleas In Fifteenth Century England, Michigan Law Review Mar 1948

Hastings: The Court Of Common Pleas In Fifteenth Century England, Michigan Law Review

Michigan Law Review

A Review of THE COURT OF COMMON PLEAS IN FIFTEENTH CENTURY ENGLAND. By Margaret Hastings.


A Comparative Study Of Conflict Of Laws: A Review Of Volume One, Elliott E. Cheatham Dec 1945

A Comparative Study Of Conflict Of Laws: A Review Of Volume One, Elliott E. Cheatham

Michigan Law Review

This is a notable book. It is the first volume of a comparative study of conflict of laws, undertaken at the invitation of the American Law Institute and completed with the support of the University of Michigan Law School. The author, Dr. Rabel, is a man whose great learning has been tempered and made fruitful by a distinguished and varied career as lawyer and as judge on national and international tribunals, as director of an institute of comparative law and conflict of laws serving practical as well as scholarly aims, and as author and professor of law.


Fortescue's De Laudibus: A Review, Max Radin Aug 1944

Fortescue's De Laudibus: A Review, Max Radin

Michigan Law Review

In this opus perfectissimum, Dr. Chrimes, whose book, English Constitutional Ideas in the Fifteenth Century, marks him as the man best fitted for the task, has filled one of the gaps which existed in the scientific examination of the sources of English law. We have Mr. Nicholl's Britton and Professor Woodbine's Glanvil and his still unfinished Bracton, Mr. Ogg's edition of Selden's Dissertatio, and the Hughes-Crump-Johnson edition of The Dialogue on the Exchequer. All these are admirable. There are left only St. Germain and Fleta, both of which cry aloud for an editor of the quality …


Dicey's Law Of The Constitution: A Review, William A. Robson Dec 1939

Dicey's Law Of The Constitution: A Review, William A. Robson

Michigan Law Review

The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …


Criminal Law In Russia, Pendelton Howard Jun 1932

Criminal Law In Russia, Pendelton Howard

Michigan Law Review

A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.


Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown Mar 1931

Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.


Review: The International Mandates. By Aaron M. Margalith, Quincy Wright Mar 1931

Review: The International Mandates. By Aaron M. Margalith, Quincy Wright

Michigan Law Review

A Review of THE INTERNATIONAL MANDATES. By Aaron M. Margalith


The Mixed Courts Of Egypt, Edwin D. Dickinson Jan 1931

The Mixed Courts Of Egypt, Edwin D. Dickinson

Michigan Law Review

A review of THE MIXED COURTS OF EGYPT By Jasper Yeates Brinton.


The Book Of English Law Dec 1930

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. Nov 1930

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.


Review: Die Völkerrechtliche Stellung Irlands. Nov 1930

Review: Die Völkerrechtliche Stellung Irlands.

Michigan Law Review

A review of DIE VÖLKERRECHTLICHE STELLUNG IRLANDS. By Michael Rynne.