Comparative and Foreign Law Commons^™

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.

Dignity Takings In Communist Poland: Collectivization And Slave Soldiers, Ewa Kozerska, Piotr Stec

Chicago-Kent Law Review

Poland’s history in the 20th century could be a swell script of a movie. A country that had lost its independence in the 18th century regained it in 1918 only to fall prey to Nazi Germany twenty years later. After World War II Poland was under Communist rule that ended in 1989 with the fall of the Iron Curtain. In this paper we deal with dignity takings as defined by Professor Bernadette Atuahene that took place mostly in the early phase of the Communist era.

Creation of the Communist “brave new world” required total transformation of the society, sometimes referred …

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green

Sonia Bychkov Green

This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.

The Place Of Policy In International Law, Elihu Lauterpacht

Georgia Journal of International & Comparative Law

No abstract provided.

The Legal Regulation Of Armaments And The Control Of Force, Adrian S. Fisher

Georgia Journal of International & Comparative Law

No abstract provided.

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.

Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun

Pepperdine Law Review

No abstract provided.

Federalism Or Federationism, William E. Butler

Michigan Law Review

When I took up my appointment in October 1970 as Reader in Comparative Law in the University of London, I was invited to collaborate in teaching the LL.M.' course in Soviet Law offered within the University on an intercollegiate basis. The course had been introduced two years previously, the first of its kind within the realm. Originally it was offered by a team of three, regrettably all now deceased: Edward Johnson, Ivo Lapenna, and Albert K. R Kiralfy. I had come to England to replace the late Edward Johnson, whose untimely death had left vacant the Readership in Soviet Law, …

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green

Michigan Journal of International Law

This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.

The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds

Michigan Journal of International Law

Review of Russian Law: The End of the Soviet System and the Role of Law by F.J.M. Feldbrugge

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

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 …

Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard

Michigan Journal of International Law

Western Sovietologists were startled when Secretary General Mikhail S. Gorbachev set his craftsmen to work in the Summer of 1988 to prepare a revised structure for the Union of Soviet Socialist Republics ("U.S.S.R."). While some hint of what was to come had been given by publications prior to the 19th Communist Party Conference, and while some of these appeared in the theses to be debated at the Conference, Westerners expected little more than a call from the tribune for change in attitudes. Basic State structures established by Leonid Brezhnev in his 1977 Constitution had not previously been questioned. Critics levelled …

Civil Defamation Law In The Soviet Union, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Lawyers In Soviet Work Life, Michigan Law Review

Michigan Law Review

A Review of Lawyers in Soviet Work Life by Louise I. Shelley

Socialism And Federation, John N. Hazard

Michigan Law Review

Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya

Book Review, Mark J. Loewenstein

Publications

No abstract provided.

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.

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn

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 …

Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman

Dalhousie Law Journal

In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to …

Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman

Dalhousie Law Journal

In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to …