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Articles 10171 - 10200 of 10814
Full-Text Articles in Entire DC Network
The Basic Course—A Mild Dissent, Whitmore Gray
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 …
Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper
Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper
Cleveland State Law Review
The purpose of the present article is not to criticize the laudable project of those whose object is to secure better protection for fundamental human rights, but rather to examine in detail the theory and practice of habeas corpus in one Latin American country, Peru, and to demonstrate that the greatest encroachments on human rights come not from political tyranny, as is popularly imagined, but from the malfunctioning of the legal system itself, against which even the most perfectly conceived habeas corpus is quite ineffective. It is trite but true that a legal system is only as effective as the …
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Articles & Book Chapters
Although it is hardly necessary to stress the advantages to international relations and international trade which may result from universal recognition and enforcement of foreign judgments, it appears that the increasing volume of international and inter- provincial trade and business has not been followed by a com- parable development of the facilities granted to creditors to recover on their claims. Each country has a tendency to protect itself against the intrusion of foreign judgments, to the prejudice of creditors in whose favour the judgments lie. The principle of territorial sovereignty is said to prevent foreign judgments from having any direct …
Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros
Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros
Articles by Maurer Faculty
No abstract provided.
Review Of Contemporary Chinese Law: Research Problems And Perspectives, Whitmore Gray
Review Of Contemporary Chinese Law: Research Problems And Perspectives, Whitmore Gray
Reviews
This excellent collection of studies deals with both the substance of the legal system of Communist China and the problems of its study. Contributions include an appraisal of Communist Chinese legal publications, discussions of refugee and survey interviewing techniques as methods of gathering information, a review of Communist Chinese attitudes toward international law, and a series of articles dealing with Chinese legal terminology in a number of fields which contain a substantial amount of substantive law in the interstices.
Judicial Review In Italy And West Germany, Donald P. Kommers
Judicial Review In Italy And West Germany, Donald P. Kommers
Journal Articles
This is a comparative study of the constitutional courts of Italy and West Germany. These institutions, established in the 1950's, have settled hundreds of constitutional disputes. And their caseloads continue to rise in volume. The time seems ripe, therefore, briefly to review the work of these tribunals and to relate this work to the condition of constitutional democracy in the two polities. It should be remarked that this is not fundamentally a study in constitutional jurisprudence. The main purpose of this article is to see how judicial review has actually operated, what its effects have been, and what its future …
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Michigan Law Review
A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
Michigan Law Review
The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …
Legal Education, M. Minnette Massey
Legal Education, M. Minnette Massey
University of Miami Inter-American Law Review
No abstract provided.
Functions Of Orality In Austrian And American Civil Procedure, Adolf Homburger
Functions Of Orality In Austrian And American Civil Procedure, Adolf Homburger
Buffalo Law Review
No abstract provided.
The Right To One's Own Likeness In French Law, Wencelas J. Wagner
The Right To One's Own Likeness In French Law, Wencelas J. Wagner
Indiana Law Journal
No abstract provided.
Wright: Comparative Conflict Resolution Procedures In Taxation, Thomas A. Troyer, Arthur B. White, Donald W. Bacon
Wright: Comparative Conflict Resolution Procedures In Taxation, Thomas A. Troyer, Arthur B. White, Donald W. Bacon
Michigan Law Review
A Review of Comparative Conflict Resolution Procedures in Taxation edited by L. Hart Wright
Nationalism As A Factor In Legislation Restricting Foreign Investment: Extractive Industries In Mexico, Ira B. Zinman
Nationalism As A Factor In Legislation Restricting Foreign Investment: Extractive Industries In Mexico, Ira B. Zinman
Indiana Law Journal
No abstract provided.
Latin American Economic Integration, F. V. Garcia Amador
Latin American Economic Integration, F. V. Garcia Amador
University of Miami Inter-American Law Review
No abstract provided.
Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan
Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan
Washington Law Review
The overwhelming increase in governmental welfare, subsidy, and licensing programs in the United States' recent history has prompted substantial acadenic controversy and judicial uncertainty over the requisites for standing to challenge the decisions of our provider-administration. Looking beyond our traditional theories, Mr. Dugan examines recent decisions of the West German Federal Administrative Court with respect to mandatory and discretionary governmental benefits which are deemed to create rights in their intended beneficiaries. He argues that the most sound analytical approach to the problem as we now view it would be to apply a "violated right" standard, since injury depends upon violation …
The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita
The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita
Washington Law Review
The right to fair hearing in contemporary Japanese administrative law is a tender plant, lacking deep roots in historical tradition, and struggling for survival in a relatively hostile environment, Fair hearing was a concept practically unknown to the administrative law of pre-war Japan, which, taking its cue from German and French law, relied principally, not on the procedural rights of the individual, but rather upon the skill and dedication of administrators for the achievement of efficiency and justice, with only occasional judicial review by the Administrative Court. The Anglo-American maxim that "he who decides must hear" was indeed foreign to …
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Washington Law Review
The Columbia University School of Law project on international procedure has already published three books on foreign civil procedure. Civil Procedure in France is a significant and most important addition to this series, for to my knowledge it constitutes the first comprehensive study of modern French civil procedure in the English language.
Legal Education, M. Minnette Massey
Legal Education, M. Minnette Massey
University of Miami Inter-American Law Review
No abstract provided.
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Villanova Law Review (1956 - )
No abstract provided.
Book Review. Livre Du Centenaire De Law Société De Législation Comparée – Un Siècle De Droit Comparé En France (1869-1969). A Special Issue Of Revue Internationale De Droit Comparé, Wencelas J. Wagner
Book Review. Livre Du Centenaire De Law Société De Législation Comparée – Un Siècle De Droit Comparé En France (1869-1969). A Special Issue Of Revue Internationale De Droit Comparé, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
The Development Of French Law, Rene De Chambrun
The Development Of French Law, Rene De Chambrun
Cleveland State Law Review
Feeling the political necessity of building a strongly unified nation, the Revolution standardized the territorial administration by redividing the country into new administrative units, the "departments," thereby breaking up the former provinces which had long fought for their administrative and judicial autonomy, and by undertaking the abolition of regulations restricted to any particular part of the country or of the population. The fundamental result of today's administrative and territorial organization is that this unitary system over the whole territory places all citizens under the same law.
On Lawful Governments, Joseph Raz
On Lawful Governments, Joseph Raz
Faculty Scholarship
What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to …
Roundtable On Administrative Law: Proceedings, William Burnett Harvey
Roundtable On Administrative Law: Proceedings, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Peruvian Domestic Law Aspects Of The La Brea Y Pariñas Controversy, Dale B. Furnish
Peruvian Domestic Law Aspects Of The La Brea Y Pariñas Controversy, Dale B. Furnish
Kentucky Law Journal
No abstract provided.
New Zealand's Coastal Jurisdiction, William F. Foster
New Zealand's Coastal Jurisdiction, William F. Foster
California Western International Law Journal
The purpose of this note is to outline and comment upon the position of New Zealand on the related matters of its territorial sea, fishing zone and continental shelf.
Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs
Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Jefferson B. Fordham: Legal Education And Scholarship In Africa, William Burnett Harvey
Jefferson B. Fordham: Legal Education And Scholarship In Africa, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Crossroads For Law In Africa, Henry J. Richardson Iii, Paul O. Proehl
Crossroads For Law In Africa, Henry J. Richardson Iii, Paul O. Proehl
Articles by Maurer Faculty
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Decision Trees, Peter L. Strauss, Michael R. Topping
Decision Trees, Peter L. Strauss, Michael R. Topping
Faculty Scholarship
The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …