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1998

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Institution
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Articles 1 - 30 of 58

Full-Text Articles in Comparative and Foreign Law

Decolonising Restoration And Justice, Mark Findlay Jul 1998

Decolonising Restoration And Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …

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Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza Jul 1998

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …

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China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle Jul 1998

China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle

All Faculty Scholarship

No abstract provided.

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Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer Apr 1998

Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer

Law Faculty Articles and Essays

My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …

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The Structure Of Blackstone's Commentaries, Alan Watson Apr 1998

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …

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The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank Apr 1998

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

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A Preliminary Survey Of Recent International Legal Developments, Sompong Sucharitkul Mar 1998

A Preliminary Survey Of Recent International Legal Developments, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

This year, three different time frames appear to commend themselves for our treatment of international legal developments of considerable importance and far-reaching consequences. The first covers the legal developments in the year 1997-1998. The second embraces continuing growth and progress made in the international legal fields within the United Nations Decade of International Law, that is from the year 1990 until today. The third and last is the half-century mark, dating back to 194 7-1948.

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Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …

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Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul Feb 1998

Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul

Publications

Pre-publication essay. Later published as a chapter in Gisberg H. Flanz, ed. Constitutions of the Countries of the World (Oceana 1998).

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Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer Jan 1998

Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer

LLM Theses and Essays

Governments provide subsidies for a variety of reasons and they are an important tool "to promote important objectives of national policy. The Organization for Economic Co-operation and Development (OECD) is comprised of industrialized countries, all of which are Members of the OECD Convention also have shown a steady rise in the provision of subsidies. The policy behind the fact that subsidies are addressed in international agreements is that they create a distortion in international trade and that they can quickly and destructively spread from nation to nation. They create a disparity between the actual costs incurred in producing a particular …

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The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …

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The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers Jan 1998

The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers

LLM Theses and Essays

An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d'etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second …

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Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman Jan 1998

Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.

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System Dynamics: Toward A Language Of Comparative Law, David J. Gerber Jan 1998

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Thai Law And Buddhist Law, Sompong Sucharitkul Jan 1998

Thai Law And Buddhist Law, Sompong Sucharitkul

Publications

The purpose of this Report is to examine the inherent links between Buddhist Law and Thai law, their coexistence, interrelations and mutual influence within the existing legal system and the religious order of Thailand.

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A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau Jan 1998

A Comment On The 1996 United Kingdom Arbitration Act, Thomas E. Carbonneau

Journal Articles

The 1996 United Kingdom Arbitration Act is a remarkable piece of legislation. It is a highly accessible statutory framework both from a linguistic and organizational standpoint. The 1996 Act represents a substantial improvement over prior English arbitration statutes,including the 1979 Act. The new legislation is comprehensive, thorough, cogent and coherent. In its presentation and content, it easily rivals both longstanding and recentlegislative enactments on arbitration. It is built upon a wealth of knowledge and expertise of arbitration law and practice, and embodies a very contemporary and integrated concept of arbitration. This commentary endeavors to highlight and appraise the most significant …

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Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau Jan 1998

Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau

Journal Articles

One of the many consequences of the progressive development of globalization apparently has been to incite a vigorous debate among leading members of the international arbitral community about the role of national law in implementing the enforcement regime of the New York Arbitration Convention (Convention). The debate was provoked by federal court rulings in two recent cases: Chromalloy Aeroservices v. Arab Republic of Egypt (Chromalloy) and Alghanim & Sons v. Toys"R" Us (Toys "R" Us). Prior to these opinions, there appeared to have been an implicit consensus in the international community regarding the "anational"character of …

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Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long Jan 1998

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

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U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner Jan 1998

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

All Faculty Scholarship

The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

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Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus Jan 1998

Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus

Journal Articles

No abstract provided.

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Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman Jan 1998

How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman

Scholarly Works

No abstract provided.

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Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Jan 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.

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Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote Jan 1998

Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote

Articles

Since my initial appointment as an assistant judge in April of 1950, I have served as a judge for over 39 1/2 years. For most of that time, over 30 years, I have handled criminal trials. Thus, one might say that I personally represent a living history of the current Code of Criminal Procedure. Human beings, however, inevitably tend to idle their time away; and I have been kept busy day in and day out handling cases and up until now have never had the chance to sit back and reflect dispassionately on the actual state of criminal trials. That …

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Book Review, Daniel H. Foote Jan 1998

Book Review, Daniel H. Foote

Book Reviews

Professor Frank K. Upham's Law and Social Change in Postwar Japan represents a major contribution to Western understanding of the process of legal change in Japan. In four excellent case studies spanning subject matters as diverse as the treatment of minorities and industrial planning, Upham reveals a legal culture of considerable complexity, which challenges simple generalizations. From this material, Upham seeks to derive a number of central themes. Certain of these themes are insightful and solidly supported by Upham's own case studies and other materials on Japanese law. Other themes are more speculative, raising the danger that many of the …

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Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton Jan 1998

Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

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Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi Jan 1998

Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi

Articles

No abstract provided.

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‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski Jan 1998

‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Part I of this Article discusses the difficulties involved in attempting to classify the new constitutions using traditional criteria. Part II examines the processes involved in the adoption of the various components of existing constitutional models into the constitutions of the East-Central European states, including separate analysis of the distributions of power, the structures of the legislatures, the electoral systems, the systems of governance and mechanisms of judicial enforcement provided by these instruments. Finally, Part III makes observations and draws conclusions regarding the processes examined in Part II.

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Marriage Contracts And The Family Economy, Katharine B. Silbaugh Jan 1998

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …

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Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels Jan 1998

Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels

Faculty Scholarship

No abstract provided.

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