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Articles 1 - 30 of 43
Full-Text Articles in Law
The Open Society And Its Enemies: Growing Professional Secrecy In Massachusetts, Charles Baron
The Open Society And Its Enemies: Growing Professional Secrecy In Massachusetts, Charles Baron
Charles H. Baron
No abstract provided.
Euthanasia Decisions In The Courts: The Post-Saikewicz Experience, Charles Baron
Euthanasia Decisions In The Courts: The Post-Saikewicz Experience, Charles Baron
Charles H. Baron
No abstract provided.
The Open Society And Its Enemies: Growing Professional Secrecy In Massachusetts, Charles Baron
The Open Society And Its Enemies: Growing Professional Secrecy In Massachusetts, Charles Baron
Charles H. Baron
No abstract provided.
The Spanish Experience In Church-State Relations: A Comparative Study Of The Interrelationship Between Church-State Identification And Religious Liberty, George R. Ryskamp
The Spanish Experience In Church-State Relations: A Comparative Study Of The Interrelationship Between Church-State Identification And Religious Liberty, George R. Ryskamp
BYU Law Review
No abstract provided.
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Michigan Law Review
In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.
A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway
A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway
West Virginia Law Review
The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …
Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge
Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge
Washington Law Review
Part I of this article will consider the 1977 Constitution in a general manner, focusing on the debate over whether it represents an advancement of the rule of law, or an embodiment of arbitrary party power. Part II will focus on the validity of the Soviet model of federal republican sovereignty. Throughout, the experience and constitutions of other nations will be drawn upon for comparison and analysis.
The Right Of Appeal From Trinidad And Tobago's Industrial Court, R. M. Castagne
The Right Of Appeal From Trinidad And Tobago's Industrial Court, R. M. Castagne
University of Miami Inter-American Law Review
No abstract provided.
Reference Manual On Doing Business In Latin America. Edited By Donald R. Shea, Frank W. Swacker, Robert J. Radway, And Stanley T. Stairs., Rafael C. Benitez
Reference Manual On Doing Business In Latin America. Edited By Donald R. Shea, Frank W. Swacker, Robert J. Radway, And Stanley T. Stairs., Rafael C. Benitez
University of Miami Inter-American Law Review
No abstract provided.
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins
Michigan Law Review
A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn
Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang
Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang
UC Law SF International Law Review
In the 1960's the Western World became aware of the border disputes between Russia and China, the origins of which trace back to four 19th Century treaties dealing with the Sino-Soviet border. The author explores the legal positions adopted by China and Russia regarding the "inequality" of these treaties, from the turbulent 1960's to the present, and analyzes the future prospects for Sino-Soviet reconciliation.
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
UC Law SF International Law Review
This article examines victim compensation laws and compares the civil law approach, as exemplified by the French action civile, to the common law approach, as exemplified by the California statutory scheme. The author proposes a hybrid system as the best method of solving problems sought to be addressed by victim compensation laws.
Terrorist Acts--Criminal Or Political Infractions--An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Terrorist Acts--Criminal Or Political Infractions--An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
UC Law SF International Law Review
Extradition of transnational terrorists is a legal method of dealing with the dilemma of terrorism. A typical extradition treaty contains, however, a "political offense" exception under which the request for the extradition of an individual will be denied when the crime with which he is charged constitutes a "political offense." The judicial offense recognizes that terrorist crimes are outside the purview of the political offense exception. This article examines the development of French jurisprudence on the extradition of transnational terrorists, focusing upon whether terrorist acts can be considered as political offenses and thus exempt from extradition.
Liability Of Natural Gas Transmission Line Operators: United States And Canadian Theories Of Liability For Gas Transmission Line Accidents, William D. Whiteman
Liability Of Natural Gas Transmission Line Operators: United States And Canadian Theories Of Liability For Gas Transmission Line Accidents, William D. Whiteman
UC Law SF International Law Review
This note discusses and compares the liability of natural gas transmission line operators in the United States and Canada. Due to the scarcity of pertinent statutes, the emphasis is on the common law. The author concludes that despite different approaches, an operator in either country will in most situations be liable only for his negligent acts.
Energy Contract Planning: Allocating The Risks And Consequences Of Commercial Impracticability, Norman R. Prance
Energy Contract Planning: Allocating The Risks And Consequences Of Commercial Impracticability, Norman R. Prance
UC Law SF International Law Review
Increasing energy shortages and resulting disruptions in energy supplies demand that supply contracts provide for contingencies that may render performance commercially impracticable. Proceeding upon the assumption that energy contracts are within Article 2 of the Uniform Commercial Code, the author examines Section 2-615, which deals with commercial impracticability. Concluding that Section 2-615 alone may inadequately express the intentions of the parties to the contract and that Section 2-615 may be amended or supplanted by contractual clauses, the author proposes contractual provisions that improve upon the treatment of commercial impracticability in Section 2-615.
Liability For High Seas Oil Pollution Cleanup Costs: Domestic And International Provisions, Gerald Clausen
Liability For High Seas Oil Pollution Cleanup Costs: Domestic And International Provisions, Gerald Clausen
UC Law SF International Law Review
Recent years have witnessed an increase in both domestic and international concern over vessel source oil pollution of the world's oceans. This note explores the similarities and differences between a multilateral treaty. rejected by the United States and a statute passed by Congress in the treaty's stead which impose liability on oil tanker owners for the cost of cleaning up oil spilled on the high seas.
Energy And The North American Community: Canada, Mexico, And The United States, Mark S. Adams, Barry Steiner
Energy And The North American Community: Canada, Mexico, And The United States, Mark S. Adams, Barry Steiner
UC Law SF International Law Review
This paper presents a discussion of the need for and the possible forms of the North American Community. It begins with a discussion of the value of such an organization in terms of the existing relationship among the North American countries. The second section discusses the goals of the Community. The paper concludes with an analysis of two possible forms for the organization and rejects a common market for economic, political, and legal reasons. Instead, the paper offers the idea of cooperative organization, one which stresses equality and unanimity, as the most appropriate form for the North American Community.
Civil Judgment Recognition And The Integration Of Multi-State Associations: A Comparative Study, Robert C. Casad
Civil Judgment Recognition And The Integration Of Multi-State Associations: A Comparative Study, Robert C. Casad
UC Law SF International Law Review
Mutual recognition and enforcement of civil judgments plays an essential role in the integration of multi-state associations. The author compares the effectiveness of three such systems: The European Economic Community, the United States, and Central America under the Bustamante Code.
Comparative Law As Basic Research, Jerome Hall
Comparative Law As Basic Research, Jerome Hall
UC Law SF International Law Review
This article begins with a critique of the present methods of comparative criminal study. Specifically, the author contends that comparative study often focuses on rules of law, as opposed to their functions. The author suggests that there should be a scientific approach to comparative criminal studies, e.g., the use of his theory of the interrelations of "rules," "doctrines," and "principles"; this satisfies the scientific requirement of "system." The author concludes that the subject matter of comparative criminal study should be "law-as-action," i.e., action expressing the coalescence of rules of law, values and manifested behavior.
Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet
Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet
UC Law SF International Law Review
In 1975, California recognized the equal status of men and women with its equal management and control provisions. By comparison, English law is premised upon a separation of property system, which operates irrespective of marital status. This article compares and contrasts the various rights of spouses to marital property in England and California. Beginning with a brief historical overview, the author proceeds to examine the respective property rights of the spouses from the inception of the marital relationship to its termination. The author concludes by highlighting some of the present strengths and weaknesses of the English and California Systems.
Judicial Review In Japan, Herbert F. Bolz
Judicial Review In Japan, Herbert F. Bolz
UC Law SF International Law Review
Since World War H, intense controversy has surrounded the question of the degree to which Article 9, the "peace clause" of the Japanese Constitution, forbids the maintenance of military power by Japan. Many commentators have criticized the Japanese Supreme Court for its "remarkable" reluctance to exercise its power of judicial review, especially regarding Article 9. The author focuses on social, historical, and political factors that have impeded the development in Japan of powerful American-style judicial review, and on postwar influences that have nonetheless gradually increased the use of judicial review. The author contends that the Japanese Supreme Court's restrained use …
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
LLM Theses and Essays
This paper will outline, discuss and suggest changes in various provisions of the Income Tax Act, 1961, applying to foreign investments. Chapter II of this paper explores the general underlying principles of the Indian tax system. Chapter III discusses the tax liability of foreign personnel in India and special tax incentives granted to foreign technicians. Chapter IV discusses the system of corporate taxation or “resident” and non-resident” companies and tax liability of foreign collaborators. Special attention is paid to the liability arising out of various trading activities of non-resident companies in India and many problems of judicial determination relating to …
Inter-American Bar Association, John O. Dahlgren
Inter-American Bar Association, John O. Dahlgren
University of Miami Inter-American Law Review
No abstract provided.
The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, Francisco V. Garcia-Amador
The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, Francisco V. Garcia-Amador
University of Miami Inter-American Law Review
No abstract provided.
Act Of State And Sovereign Immunity: A Further Inquiry, Christine G. Cooper
Act Of State And Sovereign Immunity: A Further Inquiry, Christine G. Cooper
Loyola University Chicago Law Journal
No abstract provided.
A Methodology For Discovery Of Documents Subject To A Foreign Nondisclosure Law, Carey F. Cooper
A Methodology For Discovery Of Documents Subject To A Foreign Nondisclosure Law, Carey F. Cooper
Loyola University Chicago Law Journal
No abstract provided.
Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis
Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis
Duquesne Law Review
No abstract provided.
A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa
A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa
Maryland Series in Contemporary Asian Studies
No abstract provided.
Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Journal Articles
This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …
Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob
Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob
UC Law SF International Law Review
Public awareness concerning environmental matters has led to increased governmental interest and involvement. This article examines the forms and mechanisms of enforcement used by the various authorities in the United States and several Western European jurisdictions. The author concludes that stricter, more even enforcement is necessary if such laws are to be successful in improving the environment.