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Full-Text Articles in International Law
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
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.
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
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No abstract provided.
U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner
U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner
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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 …