Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 44
Full-Text Articles in Law
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
Michigan Journal of International Law
The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Michigan Journal of International Law
In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Michigan Journal of International Law
In our popular culture and social consciousness, women are no longer the second-class citizens they used to be. Magazines, television advertisements, and billboards featuring women show us how we have achieved independence, wealth, desirability, and our intelligence. We are no longer the supporting role in movies and entertainment but stars in our own right. For this, we can thank both changing society and the unrelenting work of many women who refused to bring the coffee for the boss. The women's movement in the United States has made large gains for women through the use of social activism and legal action. …
An Analysis Of Article 28 Of The United Nations Declaration On The Rights Of Indigenous Peoples, And Proposals For Reform, David Fautsch
An Analysis Of Article 28 Of The United Nations Declaration On The Rights Of Indigenous Peoples, And Proposals For Reform, David Fautsch
Michigan Journal of International Law
The purpose of this Note is two-fold: first, to demonstrate why the standards set out in Article 28 require further clarification, and second, to propose reforms (both inside and outside of the United Nations framework) that might benefit indigenous peoples claiming land rights.
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Michigan Journal of International Law
Countries like those in Southern Africa will never emerge from the indomitable shadow of inequity and the serious threat of backlash unless real property is redistributed; but, the conception of property these countries explicitly or implicitly adopt can adversely affect their ability to redistribute. Under the classical conception of real property (the classical conception), redistribution is difficult because title deed holders are a privileged group who are given nearly absolute property protection. Strangely, the classical conception is ascendant in many transitional states where redistribution is essential. The specific question this Article addresses is: for states where past property dispossession has …
Competing Legal Cultures And Legal Reform: The Battle Of Chile, James M. Cooper
Competing Legal Cultures And Legal Reform: The Battle Of Chile, James M. Cooper
Michigan Journal of International Law
This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance …
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Michigan Journal of International Law
This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Michigan Journal of International Law
The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Michigan Journal of International Law
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.
The Law And The Non-Law, Katharina Pistor
The Law And The Non-Law, Katharina Pistor
Michigan Journal of International Law
This brief Comment reflects on the construction of the "non-law" as analytical categories in the four contributions. It suggests that the struggle with "non-law" reflects a deeper confusion about the role of law in ordering social relations broadly defined.
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
Michigan Journal of International Law
This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than material …
What Have We Learned About Law And Development? Describing, Predicting, And Assessing Legal Reforms In China, Randall Peerenboom
What Have We Learned About Law And Development? Describing, Predicting, And Assessing Legal Reforms In China, Randall Peerenboom
Michigan Journal of International Law
This Article applies existing conceptual tools for describing, predicting, and assessing legal reforms to the efforts to establish rule of law in China, in the process shedding light on the various pathways and methodologies of reform so as to facilitate assessment of competing reform strategies. While drawing on China for concrete examples, the discussion involves issues that are generally applicable to comparative law and the new law and development movement, and thus it addresses
Law And Culture In China And Japan: A Framework For Analysis, John O. Haley
Law And Culture In China And Japan: A Framework For Analysis, John O. Haley
Michigan Journal of International Law
This Comment is divided into two parts. The first sets forth a series of definitional propositions intended for a more general analysis of the interrelationships of law and culture. The second comprises an introduction to the evolution of legal institutions that enables us to understand better the reception and development of Western legal institutions in East Asia and provides context for the four articles and their individual and collective insights.
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Michigan Journal of International Law
Whatever their differences, the articles in this issue also have much in common in addition to their regional focus. The author of this Comment shall discuss in turn three (related) theoretical issues that arise, to a greater or lesser degree, in all four contributions. The first Part of this Comment considers the insights of these articles on the need to move from discussing transplants to focusing on transnational legal processes. The second Part examines what the contributions tell us about culture, legal culture, and the so-called "norm of conformity." I shall concentrate in particular on the cultural sources of choices …
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn
Michigan Journal of International Law
This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.
The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich
The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich
Michigan Journal of International Law
This paper probes the manner in which the IFIs are managing the incorporation of social justice and greater participation in the development agenda, and describes how the pursuit of social objectives, in turn, is affected by the governance agenda as a whole.
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Michigan Journal of International Law
This Article is intended to bring the U.S. legal community up to date on the attempt in Italy to put in place a more accusatorial trial system. The Article is divided into three sections. Section I describes the central provisions of the Code of Criminal Procedure that was adopted in 1988. It shows that a close look at the Italian system reveals that it was never intended to be an exact model of either the U.S. or English trial systems, because it always contained central features that are found in civil law systems on the continent. Rather, the changes in …
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
Michigan Journal of International Law
In this paper, the authors briefly review the recent experience with rule of law reform initiatives in Latin America, Africa, and Central and Eastern Europe, drawing on more detailed case studies by the authors. The authors are currently working on a similar case study on rule of law reform experiences in Asia.
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Michigan Journal of International Law
The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …
Let One Hundered Flowers Bloom, One Hundred Schools Contend: Debating Rule Of Law In China, Randall Peerenboom
Let One Hundered Flowers Bloom, One Hundred Schools Contend: Debating Rule Of Law In China, Randall Peerenboom
Michigan Journal of International Law
The Article proceeds in three stages. Part I provides a brief overview of thin versions of rule of law and their relation to thick theories. Part II then takes up the four thick versions of rule of law. Part III addresses a number of thorny theoretical issues that apply to rule of law theories generally and more specifically to the applicability of rule of law to China. For instance, can the minimal conditions for rule of law be sufficiently specified to be useful? Should China's legal system at this point be described as rule by law, as in transition to …
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
Michigan Journal of International Law
This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.
Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin
Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin
Michigan Journal of International Law
Since the 1980s there has been strong interest in labor-management cooperation. That interest was reflected even in government attention, for example, through projects by the U.S. Department of Labor's Bureau of Labor-Management Cooperation. Under the leadership of Undersecretary Stephen Schlossberg, the Bureau's "Laws Project" examined the impact of labor law on labor-management cooperation. The Dunlop Commission issued a report strongly in favor of labor-management cooperation, and National Labor Relations Board (NLRB) Chair William B. Gould has spoken favorably of it. More recently, the government issued a report on state and local initiatives in this area.
New Directions In The Study Of Vietnamese Law, Mark Sidel
New Directions In The Study Of Vietnamese Law, Mark Sidel
Michigan Journal of International Law
Review of Vietnam and the Rule of Law (Carlyle A. Thayer & David G. Marr Eds.)
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Michigan Journal of International Law
To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Michigan Journal of International Law
This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Michigan Journal of International Law
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Michigan Journal of International Law
Part I of this article establishes the scope of analysis and defines the Chinese use of the term "security," which is more limited than under American law. Parts II and III briefly examine the history of Chinese securities laws and the understanding of securities by the Chinese people. Part IV focuses on the government's motivations in establishing the securities markets. Part V discusses the distinctively Chinese approach of classifying shares according to the characteristics and nationality of permitted shareholders. Part VI addresses the future development of Chinese securities markets. The conclusion reflects on the significance of western forms of securities …
Reforming The State-Enterprise Property Relationship In The People's Republic Of China: The Corporatization Of State-Owned Enterprises, Deborah Kay Johns
Reforming The State-Enterprise Property Relationship In The People's Republic Of China: The Corporatization Of State-Owned Enterprises, Deborah Kay Johns
Michigan Journal of International Law
Part I of this Note first describes the problems that have prodded China to restructure its SOEs and then explains the root of those problems - the state-enterprise property relationship. This part concludes with a description of the unsuccessful attempts to date to reform that relationship. To understand why these efforts have met with little success, Part II explores the way in which most transition economies have attempted to address the ambiguity in the state-enterprise property relationship, by abolishing it through privatization. Although privatization is neither economically nor ideologically suited to China, experience with privatization does hold one lesson for …
Towards Democracy In A New South Africa, Adrien Katherine Wing
Towards Democracy In A New South Africa, Adrien Katherine Wing
Michigan Journal of International Law
Review of Constitutional Options for a Democratic South Africa: A Comparative Perspective by Ziyad Motala
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
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