Law Commons^™

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman

Justice, Mercy, And Late Medieval Governance, Pat Mccune

Michigan Law Review

A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman

Trade And Business Opportunities In Poland, Marek Kulczycki

Vanderbilt Journal of Transnational Law

Economic policies of the Polish Government are aimed at achieving two fundamental objectives. In the short run, the objective is rapid deceleration of high inflation and general stabilization of the Polish economy. In the long run, the objective is an irreversible transformation of the Polish economic system into a free market economy. Implementation of both policy objectives has been taking place simultaneously since January 1, 1990.

In the short term, the most important problem for us is the stabilization of the economy. Fighting inflation is perhaps the most urgent problem for us. If we cannot manage with this, it will …

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Eastern Europe: Observations And Investment Strategies, Marek Wierzbowski

Vanderbilt Journal of Transnational Law

It is my impression that right now an American lawyer has no problem getting acquainted with East European laws concerning foreign investment. There are so many translations now in this country that almost every new law is immediately translated into English. The American lawyer can get to this text at almost the same time as the East European lawyer can get to it.

So it is very easy to get acquainted with legal texts of the most important laws from the point of view of foreign investors, but there are some traps. And it is my impression that when lawyers …

Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill

Vanderbilt Journal of Transnational Law

The 1980s will go down in history as the Decade of Democracy. Latin America, Europe, and even parts of Africa saw remarkable gains in political pluralism and individual freedoms, but nowhere was this more pronounced than in central and eastern Europe and the Balkans.

As Timothy Garton Ash chronicled in his inspiring essays, The Magic Lantern, the movements of a people from totalitarianism to freedom were remarkably peaceful. Once started, the speed was breathtaking. This dash toward freedom is epitomized in Ash's quip made famous by playwright, turned President, Vaclav Havel: "In Poland it took ten years, in Hungary ten …

Aspects Of Soviet Law On Joint Ventures, Foreign Trade, And Investment: A Bibliographic Survey Of Current Literature In English, Igor L. Kavass

Vanderbilt Journal of Transnational Law

The following is a compilation of works from widely dispersed sources in legal, economic, and business literature, including significant pronouncements made by professors, practicing lawyers, business people, and students. Journal articles are the predominant genre, and we have found it expedient to organize the gamut of views represented therein into several sections. With the growing consolidation and maturity of joint venture practices, the trend in publication is moving towards monographs, legislative compilations, practice manuals, and lengthy theoretical works. They appear to be phasing out articles from their place at the forefront of research.

All the same, the reader eventually will …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg

Cardozo Law Review

The article examines the complicity of the Vichy legal system in the persecution of Jews during World War II, arguing that French lawyers and judges actively contributed to Nazi objectives through legalistic rhetoric and formalism. By focusing on individual cases and interpretive debates, the legal profession avoided addressing the moral and ethical implications of their actions, enabling the enforcement of oppressive policies. The analysis critiques the failure of legal professionalism and the dangers of prioritizing formalism over human rights.

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz

Cardozo Law Review

No abstract provided.

Self-Defense As A Justification For Punishment, George P. Fletcher

Cardozo Law Review

No abstract provided.

The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat

UC Law SF International Law Review

The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …

Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner

UC Law SF International Law Review

The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

All Faculty Scholarship

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …

Book Review: Slave Law In The Americas, David S. Bogen

Faculty Scholarship

No abstract provided.

Lawyers In China: The Past Decade And Beyond, Timothy A. Gelatt

Maryland Series in Contemporary Asian Studies

No abstract provided.

Book Review: Beaudoin & Ratushny Eds., The Canadian Charter Of Rights And Freedoms, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa

UC Law SF International Law Review

Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.

Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka

UC Law SF International Law Review

Recent economic growth has fostered a great amount of international trading on the Tokyo Stock exchange, the opening of the exchange to foreign brokers, and a greater diversity of traded products. Yet problems remain to be resolved for the future health of the Tokyo market. These include a recent decline in the Tokyo equity market, the handling of index arbitrage trading, a lack of operational capacity and liquidity, and the maintenance of fairness and transparency of the market. The Author addresses these concerns and discusses what programs may be implemented to increase investor confidence.

Debt-For-Nature: The Second Generation, Konrad Von Moltke

UC Law SF International Law Review

Debt-for-nature programs-negotiating debt reductions in less developed countries in return for increased conservation-are a key link between international environmental management and major issues of international finance and trade. There are several important secondary aspects of debt-for-nature programs; for example, illuminating creative uses of the debt crisis to structure cooperative ventures between governments, and linking conservation and international economic and financial relations. This Article explores these aspects in relation to the international environmental economics issues of resource management in tripartite economies, debt servicing and balancing, trade regulation, subsidies, resource valuation, and sovereign debt conversions.

The New World Order And The Right Of Self-Defense In The United Nations Charter, Kathryn S. Elliott

UC Law SF International Law Review

With the collapse of the Iron Curtain and the increasing depolarization of the international community, the United Nations is being heralded as the vehicle for a new world order. World political leaders are reaffirming their commitment to the United Nations as the forum for resolution of international conflicts. Notwithstanding their public support, however, the United States and Great Britain may actually have undermined the emerging credibility of the United Nations by insisting that they had the right to take independent action against Iraq after its 1990 invasion of Kuwait. The two nations justified independent action as an exercise of Kuwait's …

Implementing A United Nations Security Council Resolution: The President's Power To Use Force Without The Authorization Of Congress, Matthew D. Berger

UC Law SF International Law Review

In light of the history of the United States Constitution and the continued expansion of Presidential power, the author urges the Congress, the press, and the American public to examine carefully every new assertion of Presidential power. This Note specifically focuses on the recent Persian Gulf conflict and President Bush's justifications for the use of military force without congressional approval. The Note presents three distinct arguments: First, President Bush never had the constitutional power to use military force to implement a Security Council resolution without congressional authorization; second, the Persian Gulf conflict was a war within the meaning of the …

Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan

UC Law SF International Law Review

Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …

Towards A Common Market In Banking And Financial Services In The European Economic Community, Stuart Isaacs

University of Miami International and Comparative Law Review

No abstract provided.

Obtaining Evidence In France For Use In The United States, Elena Del Valle

University of Miami International and Comparative Law Review

No abstract provided.

Specific Performance And Open Price Contracts Under The Un Sales Convention And The Ucc, Kenneth Schwartz

University of Miami International and Comparative Law Review

No abstract provided.

The Impact Of Technology On The Trading Of Securities: The Emerging Global Market And The Implications For Regulation, 24 J. Marshall L. Rev. 299 (1991), Lewis D. Solomon, Louise Corso

UIC Law Review

No abstract provided.

Changing The World Economies: A Model For Applying United States Countervailing Duty Law To Exported Products From A Unified Germany, 25 J. Marshall L. Rev. 81 (1991), Charles P. Romaker

UIC Law Review

No abstract provided.

"Now That I Ate The Sushi, Do We Have A Deal?"—The Lawyer As Negotiator In Japanese-U.S. Business Transactions, Robert J. Walters

Northwestern Journal of International Law & Business

This article focuses on the role a lawyer may have in a transaction involving a Japanese client or party. It will encourage the attorney at early stages to look beyond the legal tasks to the underlying reasons for the transaction. In other words, it encourages the attorney to ask questions and obtain information that ordinarily may not be considered critical to the purely legal aspects of the transaction. The nihonjin generally will place greater emphasis on the development of the relationship. Thus, laying the groundwork and devoting sufficient attention to the "typical" or "expected" stages of a business negotiation will …