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Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott

Articles

This comparative study between the quest for political racial inclusivity in 1890s Louisiana and the fight against state-sanctioned racialized violence in Cuba in the early 1900s exposes similarities, tensions, and differences between the two systems. The article traces the evolving contests for citizenship and suffrage in each climate at the end of the 19th century and into the beginning of the twentieth, juxtaposing the expression of race, suffrage, and citizenship in the constitution and political climate of each locale. In 1898, the new Louisiana state constitution disenfranchised African-Americans, while in 1900 Cuba was positioning itself for a grant of universal …

Tres Vidas, Una Guerra Rafael Iznaga, Bárbara Pérez Y Gregoria Quesada Entre La Emancipación Y La Ciudadanía, Rebecca Scott

Book Chapters

In this article, Scott takes a microhistorian approach as she looks at the ways in which three Cubans of color (Rafael Iznaga, Bárbara Pérez and Gregoria Quesada), from the same rural neighborhood, sought to define and attain citizenship during and immediately after the Cuban War of Independence from 1895-1898. Juxtaposing oral and written sources, Scott shows how such evidence can be both complementary and contradictory, and how each source should be examined in light of the others.

Rafael Iznaga fought in the war as a soldier of the Liberation Army, and returned with prestige and status. While his life can …

Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens

University of Michigan Journal of Law Reform

In what follows, I will first offer a capsule history of Fiji. I then will identify some of the moral questions that emerge, both for the inhabitants of Fiji and for us as observers. I will present some tentative answers to these moral questions, reflecting as I go on what this tells us about the possibilities and limits of normative theory, but also trying to note where my normative judgments rest upon features of the story that I think others would want to contest and trying to indicate how alternative readings of the history would affect the normative judgments, if …

Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

The General Principles of Civil Law of the People's Republic of China ("General Principles") came into force on January 1, 1987. We now issue the following Opinion concerning issues encountered when implementing the General Principles

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987)

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper

Michigan Law Review

The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

The question of domicil under consular jurisdiction was discussed at some length by the present writer in an article which appeared in an earlier number of this review. See 17 MICH. LAW REV. 437-455. When that article was written some much quoted dicta and the decision of the Court of Appeal in Casdagli v. Casdagli, 87 L. J. P. 73, 79, indicated that according to the English rule a domicil of choice could not be acquired under consular jurisdiction. The author ventured to criticise that extraordinary rule from the point of view of the authorities and on principle. With regard …