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Articles 1 - 17 of 17

Full-Text Articles in Legal History

Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie Dec 1997

Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie

Boston College International and Comparative Law Review

No abstract provided.


Roman Law And The Armenian Draft Civil Code, Alan Watson Nov 1997

Roman Law And The Armenian Draft Civil Code, Alan Watson

Popular Media

Professor Watson served along with other eminent scholars as a consultant to the drafters of the Armenian Code. This article is condensed from his book: Ancient Law and Modern Understanding: At the Edges.


Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson Sep 1997

Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson

Scholarly Works

To the outsider, a foreign legal system may at times appear irrational, with a belief in the efficacy, usually with supernatural assistance, of curses, oaths and ordeals, and that animals may properly be punished, even restrained from anti-human behaviour, after a criminal trial. But caution must be exercised. There may be little real belief that the deity will intervene-for instance, that the ordeal will reveal guilt or innocence. Rather, the society may be faced with an intolerable problem, with no reasonable solution, and the participants may resort to extraordinary legal measures as a "Last Best Chance", or "The Second Best ...


An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker Apr 1997

An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker

Indiana Law Journal

Symposium: Law and Civil Society


Civil Society, Metaphysics, And Tolerance, David C. Williams Apr 1997

Civil Society, Metaphysics, And Tolerance, David C. Williams

Indiana Law Journal

Symposium: Law and Civil Society


Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman Apr 1997

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society


A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg Apr 1997

A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg

Indiana Law Journal

Symposium: Law and Civil Society


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into ...


Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle Jan 1997

Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Recent Development, Public Housing In Singapore: The Use Of Ends-Based Reasoning In The Quest For A Workable System, Aya Gruber Jan 1997

Recent Development, Public Housing In Singapore: The Use Of Ends-Based Reasoning In The Quest For A Workable System, Aya Gruber

Articles

No abstract provided.


Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte Jan 1997

Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte

LLM Theses and Essays

Dumping is when an exporting country sells their goods in the foreign market for less than the price of the goods in their own domestic market. Dumping has a negative connotation because it threatens domestic industries in the importing country. In response to harmful dumping situations, mechanisms of defense have been developed to protect nations from unfair trade practices. The General Agreement on Tariffs and Trade (GATT) recognizes in Article VI anti-dumping tariffs as a legitimate defense to protect domestic industries from foreign predatory pricing practices. This paper focuses on anti-dumping developments in international trade since the beginning of the ...


Securities Market And Securities Regulations In China, Fengxia Dai Jan 1997

Securities Market And Securities Regulations In China, Fengxia Dai

LLM Theses and Essays

China is a large developing country with a socialist ideology that is currently undergoing a period of reform and transformation. In December 1990, China opened its first national securities market - the Shanghai Securities Exchange. This was soon followed in November 1991 by the first special shares denominated in foreign currencies and sold only to overseas investors. These important steps in the development of China’s securities industry indicate commitment by Chinese authorities to the two key components of the nation’s economic reform program - economic systemic reform, and opening to the outside world. China’s securities market and securities regulations ...


Restitution Regimes In Post-Communist Eastern Europe: A Legal Analysis, Sophia Von Rundstedt Jan 1997

Restitution Regimes In Post-Communist Eastern Europe: A Legal Analysis, Sophia Von Rundstedt

LLM Theses and Essays

When the Communist regimes in Central and Eastern Europe collapsed at the end of the last decade, the opposition, which had been united in their goal to defeat Communism, quickly disintegrated into a variety of factions. One of their tasks was to decide on enacting a constitution, in order to stabilize and entrench the new democratic institutions. Apart from establishing the legal framework for democracy, politicians had to develop strategies to convert the state-run economy into a free-market economy. Such a transition required as a first step the privatization of state property. Legal reform of property rights raises the question ...


Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike Jan 1997

Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike

LLM Theses and Essays

Many jurisdictions have detailed rules of evidence which regulate the facts that are admissible in court. The hearsay rule is one such rule which excludes certain evidence. The hearsay rule has roots in an old common law principle and is featured in many jurisdictions today, but has endured heavy criticisms over time. This paper examines the application of the hearsay rule in the United States and in Nigeria. Both are common law countries, however, the United States’ legal system is more advanced than that of Nigeria. This comparison aims to inform and assist current reform efforts in Nigeria.


The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek Jan 1997

The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek

The John Marshall Law Review

No abstract provided.


Religion And The Irish Constitution, 30 J. Marshall L. Rev. 725 (1997), Gerard Whyte Jan 1997

Religion And The Irish Constitution, 30 J. Marshall L. Rev. 725 (1997), Gerard Whyte

The John Marshall Law Review

No abstract provided.


Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza Jan 1997

Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza

Journal Articles

No abstract provided.