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Comparative and Foreign Law Commons

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1992

Journal

Discipline
Institution
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Articles 1 - 30 of 74

Full-Text Articles in Comparative and Foreign Law

Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey Oct 1992

Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey

University of Miami Inter-American Law Review

No abstract provided.


Antitrust In Latin America: Regulating Government And Business, Malcolm B. Coate, René Bustamante, A. E. Rodriguez Oct 1992

Antitrust In Latin America: Regulating Government And Business, Malcolm B. Coate, René Bustamante, A. E. Rodriguez

University of Miami Inter-American Law Review

No abstract provided.


Inter-American Bar Association: Resolutions Of The Xxix Conference Oct 1992

Inter-American Bar Association: Resolutions Of The Xxix Conference

University of Miami Inter-American Law Review

No abstract provided.


Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar Oct 1992

Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar

University of Miami Inter-American Law Review

No abstract provided.


A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein Oct 1992

A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein

University of Miami Inter-American Law Review

No abstract provided.


Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós Oct 1992

Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós

William & Mary Bill of Rights Journal

No abstract provided.


Front Matter And Table Of Contents Oct 1992

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm Oct 1992

Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm

University of Miami Inter-American Law Review

No abstract provided.


Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James Sep 1992

Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James

In the Public Interest

No abstract provided.


Economic Development In Ravaged Haiti: Is Democracy Really The Answer?, Barbara L. Bernier Sep 1992

Economic Development In Ravaged Haiti: Is Democracy Really The Answer?, Barbara L. Bernier

Penn State International Law Review

No abstract provided.


Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich Sep 1992

Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich

Penn State International Law Review

No abstract provided.


Assessing Universal Access To Health Care: An Analysis Of Legal Principle And Economic Feasibility, Carlo V. Diflorio Sep 1992

Assessing Universal Access To Health Care: An Analysis Of Legal Principle And Economic Feasibility, Carlo V. Diflorio

Penn State International Law Review

No abstract provided.


1992 Lawyer Of The Americas: Ira J. Kurzban Jul 1992

1992 Lawyer Of The Americas: Ira J. Kurzban

University of Miami Inter-American Law Review

No abstract provided.


Ira J. Kurzban: Lawyer As Hero, Irwin P. Stotzky Jul 1992

Ira J. Kurzban: Lawyer As Hero, Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.


A Comparison Of The Protection Of Individual Rights In The New Constitutions Of Colombia And Brazil, Keith S. Rosenn Jul 1992

A Comparison Of The Protection Of Individual Rights In The New Constitutions Of Colombia And Brazil, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.


Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens Jun 1992

Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens

University of Michigan Journal of Law Reform

In what follows, I will first offer a capsule history of Fiji. I then will identify some of the moral questions that emerge, both for the inhabitants of Fiji and for us as observers. I will present some tentative answers to these moral questions, reflecting as I go on what this tells us about the possibilities and limits of normative theory, but also trying to note where my normative judgments rest upon features of the story that I think others would want to contest and trying to indicate how alternative readings of the history would affect the normative judgments, if …


The Impact Of Taiwan's Political Reform On Its Mainland China Policy: Pragmatic Economic Relations And Conflicting Political Ideology, Lawrence B. Weiner May 1992

The Impact Of Taiwan's Political Reform On Its Mainland China Policy: Pragmatic Economic Relations And Conflicting Political Ideology, Lawrence B. Weiner

Washington International Law Journal

For nearly forty years, the Republic of China on Taiwan (ROC), acting under the Kuo Min Tang (KMT), or Nationalist Party, and the People's Republic of China (PRC), acting under the Chinese Communist Party (CCP), have ruled separate provinces across the Taiwan Straits, each claiming legitimate rule over China. During that entire time, neither side rescinded its threat to use military force, and the mainland regularly shelled islands controlled by the ROC. Recent events, however, have significantly altered relations between the two Chinas. In 1987, immediately after the ROC government repealed martial law, Taiwan residents were allowed to visit the …


An Analysis Of The Civil Service Disciplinary System Of Saudi Arabia And Kuwait: An Islamic Perspective And A Comparative Overview, Abd El-Mahdi Massadeh May 1992

An Analysis Of The Civil Service Disciplinary System Of Saudi Arabia And Kuwait: An Islamic Perspective And A Comparative Overview, Abd El-Mahdi Massadeh

Penn State International Law Review

No abstract provided.


Environmental Warfare And The Persian Gulf War: Possible Remedies To Combat Intentional Destruction Of The Environment, Marc A. Ross May 1992

Environmental Warfare And The Persian Gulf War: Possible Remedies To Combat Intentional Destruction Of The Environment, Marc A. Ross

Penn State International Law Review

No abstract provided.


Japanese Foreign Aid: Suggested Legislation To Guide Administrative Distribution Of Foreign Aid, Darin R. Greenen May 1992

Japanese Foreign Aid: Suggested Legislation To Guide Administrative Distribution Of Foreign Aid, Darin R. Greenen

Washington International Law Journal

This Comment analyzes the need for guiding legislation in the Japanese foreign aid program. First, the Comment describes the Japanese aid program and its shortcomings. It then suggests guiding legislation and analyzes the improvements such legislation will effectuate.


Applying U.S. Law To Halt Deforestation In Southeastern Myanmar: A Survey Of Potential Strategies, Douglas J. Kelso May 1992

Applying U.S. Law To Halt Deforestation In Southeastern Myanmar: A Survey Of Potential Strategies, Douglas J. Kelso

Washington International Law Journal

As the twentieth century draws to a close, the threat posed by environmental degradation grows increasingly apparent. Climatic change, ozone depletion, hazardous wastes, and numerous other ecological concerns gain growing prominence in national and international policy debates. Environmental degradation causes the loss of valuable atmospheric, hydrological, geological, and biological resources. In terms of resource depletion, the rapid destruction of tropical rain forests poses one of the greatest ecological threats to our planet today. This paper proposes that proper application of United States law might discourage tropical deforestation abroad, using the nation of Myanmar (formerly Burma) as an example.


Medieval Iceland And Modern Legal Scholarship, Richard A. Posner May 1992

Medieval Iceland And Modern Legal Scholarship, Richard A. Posner

Michigan Law Review

A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller


Taiwan Re-Recognized: A Model For Taiwan's Future Global Status, Michael E. Mangelson Mar 1992

Taiwan Re-Recognized: A Model For Taiwan's Future Global Status, Michael E. Mangelson

BYU Law Review

No abstract provided.


Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr Mar 1992

Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr

BYU Law Review

No abstract provided.


Germany Reunified: International And Constitutional Problems, Helmut Steinberger Mar 1992

Germany Reunified: International And Constitutional Problems, Helmut Steinberger

BYU Law Review

No abstract provided.


Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman Jan 1992

Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman

UC Law SF International Law Review

Britain will return sovereignty over Hong Kong to the People's Republic of China (PRC) in 1997. Britain and the PRC have agreed that Hong Kong law will remain in effect until at least 2047. Using defamation law as an example, this Note explains why this agreement actually offers little protection or reassurance to the people of Hong Kong. Hong Kong law as written and Hong Kong law as enforced by the British differ greatly. Recently actions of the PRC government, particularly the Tienamen Square Massacre, suggest that the PRC is likely to enforce the laws in their stricter, written form. …


Privacy In German Employment Law, Robert G. Schwartz Jr. Jan 1992

Privacy In German Employment Law, Robert G. Schwartz Jr.

UC Law SF International Law Review

The computer and technological revolutions have made it possible for employers to collect enormous quantities of personal information on their employees. American legislators are only beginning to recognize the potential dangers to employee privacy. Germany, on the other hand, has a long history of protecting employees from the intrusive behavior of their employers. This Article outlines the constitutional and statutory protection afforded German workers. The author particularly examines issues related to gathering and storing personal information, including the results of required medical tests.


Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim Jan 1992

Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim

UC Law SF International Law Review

With the explosion of economic growth in the Pacific Rim, Korea is an increasingly attractive place for foreign investment. This Article introduces foreign investors and attorneys to laws governing foreign investment in Korea. After examining the recent government efforts to encourage foreign investment, the Article analyzes the most important bodies of law governing foreign investment.


U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan Jan 1992

U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan

UC Law SF International Law Review

This Note examines the U.S. Government's sugar program and the criticism it has received. After outlining the history of the program, the author describes current law and its adverse effect on U.S. consumers. Next, the Note examines how the sugar program undermines U.S. trade and foreign policy goals. The author concludes by recommending that the U.S. express a willingness to change its policy in the current round of GATT negotiations to provide impetus for multilateral reduction of agricultural protectionism.


Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman Jan 1992

Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman

UC Law SF International Law Review

In two landmark decisions, the Inter-American Court of Human Rights recently found that the Government of Honduras was responsible for the politically-motivated kidnappings and murders of two Honduran nationals. This Article examines these decisions and evaluates the advisory role given the victims' lawyers in the proceedings. The author argues that such indirect participation by the victims and their families is unsatisfactory. The Article concludes that the international system for investigating and punishing human rights abuses would benefit from direct representation of the victims.