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Articles 1 - 30 of 35
Full-Text Articles in Comparative and Foreign Law
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
Faculty Publications
In post-conflict settings, constitutional courts have important roles to play despite complex and often competing challenges they face to institutionalize their legitimacy and entrench the rule of law while attempting to build bridges from conflict to peace. By processing political conflict through legal means, constitutional courts can shift the tenor of public dialogue and provide a less inflammatory platform for analyzing conflicts that have divided societies. This article analyzes two seminal cases decided by the Constitutional Court of Indonesia in the aftermath of post- Suharto conflict and finds that despite its young age, the Court addressed lustration issues and a …
Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend
Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend
Faculty Publications
Smart devices are increasingly the origin of critical criminal case data. The importance of such data, especially data generated when using modern automobiles, is likely to become even more important as increasingly complex methods of machine learning lead to AI-based evidence being autonomously generated by devices. This article reviews the admissibility of such evidence from both American and German perspectives. As a result of this comparative approach, the authors conclude that American evidence law could be improved by borrowing aspects of the expert testimony approaches used in Germany’s “inquisitorial” court system.
Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis
Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis
Faculty Publications
The U.S. is often characterized as a leader in innovation—a home of Nobel Prize‐winning scientists, innovators, and abundant research funding. Yet, in the area of assisted reproduction combined with genetic modification or substitution, what I call “reproductive genetic innovation,” that characterization begins to wane. This Article focuses on the regulation of mitochondrial transfer, a subset of reproductive genetic innovation. While human clinical trials related to mitochondrial transfer go forward in the U.K., the clinical use of the technique remains illegal in the U.S. due to a system of subterranean regulation by the U.S. Food and Drug Administration and a now-recurring …
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Faculty Publications
No abstract provided.
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Faculty Publications
No abstract provided.
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus
Faculty Publications
No abstract provided.
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye
Faculty Publications
No abstract provided.
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
Faculty Publications
No abstract provided.
Capital Punishment In The United States, And Beyond, Paul Marcus
Capital Punishment In The United States, And Beyond, Paul Marcus
Faculty Publications
This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …
Book Review Of Engaging The Law In China: State, Society, And Possibilities For Justice, Michael Ashley Stein
Book Review Of Engaging The Law In China: State, Society, And Possibilities For Justice, Michael Ashley Stein
Faculty Publications
No abstract provided.
Unity And Pluralism In Contract Law, Nathan B. Oman
Unity And Pluralism In Contract Law, Nathan B. Oman
Faculty Publications
No abstract provided.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Faculty Publications
At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …
The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr.
The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Faculty Publications
No abstract provided.
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs
Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone
Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone
Faculty Publications
No abstract provided.
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Faculty Publications
No abstract provided.
Towards A Payments System Law For Developing And Transition Economies, Raj Bhala
Towards A Payments System Law For Developing And Transition Economies, Raj Bhala
Faculty Publications
This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally, …
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Faculty Publications
Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Foreword: O Canada, William W. Van Alstyne
Foreword: O Canada, William W. Van Alstyne
Faculty Publications
This forward, written ten years after the adoption of the Constitution of Canada, draws sharp comparisons between Canada’s constitution and the United States’ original governing document, the Articles of Confederation.
Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer
Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer
Faculty Publications
No abstract provided.
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
Faculty Publications
No abstract provided.
The Origins Of Property In England, Robert C. Palmer
The Origins Of Property In England, Robert C. Palmer
Faculty Publications
No abstract provided.
Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack
Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack
Faculty Publications
No abstract provided.
Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack
Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack
Faculty Publications
No abstract provided.
Book Review Of The Government Of Labor Relations In Sweden, Theodore S. Cox
Book Review Of The Government Of Labor Relations In Sweden, Theodore S. Cox
Faculty Publications
No abstract provided.
Mexican Mercantile Organizations Under The New Law, Joseph M. Cormack, Frederick F. Barker
Mexican Mercantile Organizations Under The New Law, Joseph M. Cormack, Frederick F. Barker
Faculty Publications
No abstract provided.