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Articles 1 - 16 of 16
Full-Text Articles in Comparative and Foreign Law
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
Publications
No abstract provided.
International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch
International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch
Faculty Scholarship
To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …
Civil Defamation Law In The Soviet Union, Fred H. Cate
Civil Defamation Law In The Soviet Union, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Book Review, Mark J. Loewenstein
Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx
Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx
LLM Theses and Essays
This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.
Review Of Contemporary Soviet Law: Essays In Honor Of John N. Hazard, Whitmore Gray
Review Of Contemporary Soviet Law: Essays In Honor Of John N. Hazard, Whitmore Gray
Reviews
This excellent collection of essays on Soviet Law was assembled to honor Professor John N. Hazard of Columbia University on the occasion of his sixty-fifth year, as well as the fortieth anniversary of his embarking on his study of the Soviet legal system. As an introduction to the contemporary essays, the editors happily chose to publish for the first time some of the letters Professor Hazard wrote to his sponsor in New York during his three years as a law student in Moscow, 1934-37. These excerpts are the jewel of the volume, and should certainly be read by anyone trying …
Review Of Encyclopedia Of Soviet Law, Whitmore Gray
Review Of Encyclopedia Of Soviet Law, Whitmore Gray
Reviews
The publication of this work is an occasion for real celebration. At last there is a standard reference book to which both initiated scholar and interested neophyte can turn for an excellent introduction to almost any point of Soviet law. Professor F.J.M. Feldbrugge of the University of Leiden and his collaborators have produced a volume which will surely serve as the point of initial reference and departure for all subsequent scholarship on Soviet law.
Review Of The Judge In A Communist State: A View From Within, Whitmore Gray
Review Of The Judge In A Communist State: A View From Within, Whitmore Gray
Reviews
This is a rare book. It is full of real people and real life episodes. The author's almost incredible memory for the details of scores of cases and other legal incidents in Czechoslovakia in the 1950's makes this a remarkable contribution to the comparative-law literature. Those who are looking for theoretical controversy will not find it here, for this book is simply a generous slice of life in a communist country, as seen through the eyes of a remarkably perceptive, legally trained viewer. As the author says, it is "neither an indictment nor a glorification" (p. xi). The author is …
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 …
Scholarship On Soviet Family Law In Perspective, Whitmore Gray
Scholarship On Soviet Family Law In Perspective, Whitmore Gray
Articles
The radical changes in the norms of Soviet family law over the past fifty years have reflected the convulsions of Soviet society as well as the revisions of Marxism-Leninism-Stalinism. This paper is a commentary on the writing in this field by Americans in particular, and by other non-Soviets in general. In view of the volume of writing in this field, it has been necessary to limit discussion in the text to a few representative articles illustrating a few of the subject matters treated and various typical approaches employed. The topic is a particularly timely one, for new, comprehensive Principles of …
Book Review. Law In The Soviet Society (Wayne R. Lafave, Ed.), Jurij Fedynskyj
Book Review. Law In The Soviet Society (Wayne R. Lafave, Ed.), Jurij Fedynskyj
Articles by Maurer Faculty
No abstract provided.
Review Of The Soviet Legal System And How Russia Is Ruled, Whitmore Gray
Review Of The Soviet Legal System And How Russia Is Ruled, Whitmore Gray
Reviews
Is there a legal system in the Soviet Union, and if so, what is its role in post-Stalin Soviet society? The Soviet Legal System for the first time makes it possible for a lawyer or law teacher to plunge directly into a very rich collection of translations of case decisions, statutes and doctrinal commentary. Even without a background in Soviet studies, the authors' valuable commentary and the reader's own legal training should make it possible for him to evaluate the material presented. With the help of the new edition of Fainsod's How Russia Is Ruled he can see the development …
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Articles
In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …
Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.
Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.
Powell Speeches
No abstract provided.
Review Of The Soviet System Of Government, Settling Disputes In Soviet Society, Government, Law And Courts In The Soviet Union And Eastern Europe, And The Law Of Inheritance In Eastern Europe And In The People's Republic Of China, Whitmore Gray
Reviews
Each of these four books makes a significant contribution to the rapidly growing body of literature on the communist legal systems. Together they provide an introduction to Soviet law and legal history and a basis for its comparison with the law of other countries within the communist bloc. Before examining the books individually a brief description of their contents may be in order.
Recent Recognition Cases, Edwin D. Dickinson
Recent Recognition Cases, Edwin D. Dickinson
Articles
"The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government."