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Comparative and Foreign Law

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Taking Facts Seriously, William Twining Mar 1984

Taking Facts Seriously, William Twining

Journal of Legal Education

No abstract provided.


Use And Non-Use Of Contract Law In Japan, Whitmore Gray Jan 1984

Use And Non-Use Of Contract Law In Japan, Whitmore Gray

Articles

This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.


Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood Jan 1984

Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood

Articles by Maurer Faculty

No abstract provided.


A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader Mar 1983

A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader

Michigan Law Review

A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan


Access To Justice And The Welfare State, Michigan Law Review Mar 1983

Access To Justice And The Welfare State, Michigan Law Review

Michigan Law Review

A Review of Access to Justice and the Welfare State edited by Mauro Cappellitti


A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger Jan 1983

A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger

Faculty Articles

The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.


The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge Jan 1981

The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge

Northwestern Journal of International Law & Business

The European Coal and Steel Community Treaty and the Treaty of Rome have been recognized as transferring the jurisdictional authority to apply antitrust laws to the European Communities. After surveying the impact of these treaties on various sectors, the author argues that it is necessary to subordinate the jurisdictional authority of the Member States in this field to fulfill the objectives of the Common Market.


The Elaboration Of A French Court Doctrine On International Commercial Arbitration: A Study In Liberal Civilian Judicial Creativity, Thomas E. Carbonneau Jan 1981

The Elaboration Of A French Court Doctrine On International Commercial Arbitration: A Study In Liberal Civilian Judicial Creativity, Thomas E. Carbonneau

Faculty Scholarship

The task of the present article is to examine the historical evolution and current status of the French judicial doctrine on international commercial arbitration. It endeavors to compare the international doctrine with the French domestic law on arbitration and to illustrate briefly its conformity to the provisions of the international conventions on arbitration to which France is a party. Its chief design, however, is to concentrate upon the court decisions themselves, underscoring their progressive quality and pointing to their systemic implications.


Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le Jan 1981

Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le

Journal Articles

In June 1977, as a result of a case brought before the Tribunal de la Seine, a "mini-revolution" erupted in French legal circles. A young woman associate of a law firm was discharged at mid-month and paid half (F. 1250) her monthly salary. Mme X considered her dismissal improper and filed a complaint with the Bdtonnier (President) of the Paris Bar. After a hearing, the Conseil de l'Ordre (Executive Committee of the Bar) advised the firm to pay Mme X an additional F. 1250 in settlement. Not satisfied, Mine X took her case to the Tribunal de la Seine requesting …


Middlemen Of The Law: An Ethnographic Inquiry Into The English Legal Profession, John Flood Jan 1981

Middlemen Of The Law: An Ethnographic Inquiry Into The English Legal Profession, John Flood

Articles by Maurer Faculty

The accomplishments of empirical research are often presented in a context that fails to show the process by which the results came about. This article examines the problems, hitches, and struggles encountered in a research project carried out on the English bar. And emphasis is given to the difficulty of tackling hitherto unexplored occupations that have had a long history of resisting research.


Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti Jan 1981

Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

No abstract provided.


Book Review. Solicitors And The Wider Community By David Podmore, John Flood Jan 1981

Book Review. Solicitors And The Wider Community By David Podmore, John Flood

Articles by Maurer Faculty

No abstract provided.


The Benson Report: A Reactionary View Of Community Law Centres, Bryant G. Garth Jan 1980

The Benson Report: A Reactionary View Of Community Law Centres, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Civil Appeals: English And American Approaches Compared, Delmar Karlen Oct 1979

Civil Appeals: English And American Approaches Compared, Delmar Karlen

William & Mary Law Review

No abstract provided.


The Associated States Of The Commonwealth Caribbean: The Constitutions And The Individual, William C. Gilmore Apr 1979

The Associated States Of The Commonwealth Caribbean: The Constitutions And The Individual, William C. Gilmore

University of Miami Inter-American Law Review

No abstract provided.


The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard Jan 1979

The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard

UC Law SF International Law Review

The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.


Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch Jan 1978

Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch

Articles

No abstract provided.


Perluasan Bantuan Hukum Untuk Si Miskin Dan Negara Sarjana Hukum Di Negara-Negara Sedang Berkembang, Adnan Buyung Nasution Oct 1977

Perluasan Bantuan Hukum Untuk Si Miskin Dan Negara Sarjana Hukum Di Negara-Negara Sedang Berkembang, Adnan Buyung Nasution

Jurnal Hukum & Pembangunan

No abstract provided.


Professional Discipline Of Solicitors In England, Michigan Law Review Aug 1977

Professional Discipline Of Solicitors In England, Michigan Law Review

Michigan Law Review

This Note begins with an examination of the disciplinary role of the Law Society, the solicitors' most important organization, and of the Society's attempt to prevent professional misconduct through regular financial audits and by providing advice to solicitors on questions of professional conduct and etiquette. It then describes the composition, function, and operation of the Disciplinary Tribunal, the statutorily created organization occupying the second level of the disciplinary system. Particular attention is directed toward recent statutory changes that provide for lay representation on the Tribunal. The Note concludes with a brief discussion of the appeals process and the procedures for …


Inter-American Legal Developments, R. C. Benitez Jun 1977

Inter-American Legal Developments, R. C. Benitez

University of Miami Inter-American Law Review

No abstract provided.


Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti Apr 1976

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.


Latin American Economic Integration, F. V. Garcia Amador Oct 1975

Latin American Economic Integration, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.


Inter-American Legal Developments, R. C. Benitez Jun 1975

Inter-American Legal Developments, R. C. Benitez

University of Miami Inter-American Law Review

No abstract provided.


Preferential Policies In Hiring And Admissions, James W. Nickel Jan 1975

Preferential Policies In Hiring And Admissions, James W. Nickel

Articles

No abstract provided.


Legal Education, M. Minnette Massey Jun 1972

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.


Legal Education, M. Minnette Massey Feb 1972

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.


Legal Education, M. Minnette Massey Oct 1971

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.


An American Lawyer In The Queen's Courts: Impressions Of English Civil Procedure, Benjamin Kaplan Apr 1971

An American Lawyer In The Queen's Courts: Impressions Of English Civil Procedure, Benjamin Kaplan

Michigan Law Review

While the words "English Civil Procedure" in the title of this lecture might suggest that there is a single English system, there are in fact a number of them. In the High Court itself, the court of general jurisdiction, a suit in Chancery Division proceeds differently from an action in Queen's Bench Division: the English have made less of a fetish of the "one form of action" than we have. Procedure in the County Courts, the courts for small-debt collection and miscellaneous claims, contrasts with those of the High Court. But Queen's Bench procedure for the staple cases of some …


Legal Education, M. Minnette Massey Feb 1971

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.


The Basic Course—A Mild Dissent, Whitmore Gray Jan 1971

The Basic Course—A Mild Dissent, Whitmore Gray

Articles

Perhaps it is unusual to start a discussion of a topic with a dissent from the assumption underlying its choice, but I think that in the present case this may be justified. The present topic was no doubt selected because for many years teachers have viewed the course in "comparative law" as a basic course, leading subsequently to specialized courses or research in various subject matters or geographical areas. In fact, the other two speakers on this afternoon's program, Professors Rudolf Schlesinger of Cornell and Arthur von Mehren of Harvard, are both on record in the form of their casebooks …