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Articles 1 - 13 of 13
Full-Text Articles in Comparative and Foreign Law
Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher
Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.
Review Of Contemporary Chinese Law: Research Problems And Perspectives, Whitmore Gray
Review Of Contemporary Chinese Law: Research Problems And Perspectives, Whitmore Gray
Reviews
This excellent collection of studies deals with both the substance of the legal system of Communist China and the problems of its study. Contributions include an appraisal of Communist Chinese legal publications, discussions of refugee and survey interviewing techniques as methods of gathering information, a review of Communist Chinese attitudes toward international law, and a series of articles dealing with Chinese legal terminology in a number of fields which contain a substantial amount of substantive law in the interstices.
Book Review. The Organization Of African Unity And Its Charter By Zdenek Cervenka, A. A. Fatouros
Book Review. The Organization Of African Unity And Its Charter By Zdenek Cervenka, A. A. Fatouros
Articles by Maurer Faculty
No abstract provided.
Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros
Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros
Articles by Maurer Faculty
No abstract provided.
The Development Of The Theory Of The Right To Privacy In France, Wencelas J. Wagner
The Development Of The Theory Of The Right To Privacy In France, Wencelas J. Wagner
Articles by Maurer Faculty
Lacking legislative enactments on the right to privacy, French courts had to tackle the problems of privacy from case to case, in the common law way; but judicial decisions did not establish any general principles. While American and English judgments are elaborate and lay down legal theories, French decisions are extremely short, failing in some instances to give a clear picture of the facts, omitting the discussion of various aspects of the problem and abstaining from developing solid theoretical bases for their holdings. It is well known that French judgments are written in the form of a recitation which has …
Coexistence And Commerce: Guidelines For Transactions Between East And West, Stanley B. Lubman
Coexistence And Commerce: Guidelines For Transactions Between East And West, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
For all the talk in this country in recent years about improving relations between the United States and Communist nations – "building bridges" and the like-old stereotypes of West and East, Us and Them, linger on. The Cold War mentality dies hard: East-West relations remain symbolized by signs of separation and antagonism such as the Berlin Wall and the lonely bridge at Lowu where travelers cross between Hong Kong and China. Such images, and the stereotyped habits of thought associated with them, are especially dangerous in a time characterized by neither war nor peace, but by a mixture of both. …
Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey
Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey
Articles by Maurer Faculty
No abstract provided.
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Articles & Book Chapters
Although it is hardly necessary to stress the advantages to international relations and international trade which may result from universal recognition and enforcement of foreign judgments, it appears that the increasing volume of international and inter- provincial trade and business has not been followed by a com- parable development of the facilities granted to creditors to recover on their claims. Each country has a tendency to protect itself against the intrusion of foreign judgments, to the prejudice of creditors in whose favour the judgments lie. The principle of territorial sovereignty is said to prevent foreign judgments from having any direct …
Local Government In Sweden, Terrance Sandalow
Local Government In Sweden, Terrance Sandalow
Articles
Ever since the publication of Marquis Childs' The Middle Way, Americans of liberal persuasion have tended to point to Sweden as a model, a nation which simultaneously has achieved rapid economic growth, eliminated poverty, and maintained individual and political freedom. Swedish cities, and especially Stockholm, are reputed to be among the best planned in the world. Yet, for all the admiration that has been expressed, there has been surprisingly little investigation by Americans of the legal and governmental framework within which the Swedes have accomplished so much. The modest aim of this paper is to report the major outlines of …
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 …
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Journal Articles
The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …
Judicial Review In Italy And West Germany, Donald P. Kommers
Judicial Review In Italy And West Germany, Donald P. Kommers
Journal Articles
This is a comparative study of the constitutional courts of Italy and West Germany. These institutions, established in the 1950's, have settled hundreds of constitutional disputes. And their caseloads continue to rise in volume. The time seems ripe, therefore, briefly to review the work of these tribunals and to relate this work to the condition of constitutional democracy in the two polities. It should be remarked that this is not fundamentally a study in constitutional jurisprudence. The main purpose of this article is to see how judicial review has actually operated, what its effects have been, and what its future …