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Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta

LLM Theses and Essays

American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese …

The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson

Scholarly Works

This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …

Civil Procedure Reform In Japan, Takeshi Kojima

Michigan Journal of International Law

Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

Articles

No abstract provided.

The French Declaration Of The Rights Of Man And Citizen And The American Constitutional Development, Rett R. Ludwikowski

Scholarly Articles

The thorough examination of the influence of the French Declaration of the Rights of Man and Citizen on constitutions has long awaited proper implementation. The importance of the French act has never been questioned but its multi-sided impact has not been satisfactorily evaluated.

With respect to the American Constitution, this problem merits a specially comprehensive study. Although the American and French politics at the end of the eighteenth century were carefully examined, the links between the constitutional developments of both countries has never been researched exhaustively. The reasons seem to be threefold. First, with exception of the American Constitution, the …

Art Forgery And Copyright Law: Modifying The Originality Requirement To Prevent The Forging Of Artworks, Judith M. Nelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

West German Constitutionalism And Church-State Relations, Donald P. Kommers

Journal Articles

The complex structure of church-state relations in West Germany arises out of numerous provisions of the Basic Law that combine features of both separation and accommodation. The Basic Law's separationist features are expressed in various guarantees of religious liberty and in the ban on the establishment of a state church. Its accommodationist features appear in constitutional provisions on religious education as well as in articles, taken over from the Weimar Constitution, that confer upon the established churches a special juridical status enjoyed by no other nongovernmental entity. The arguably diverse goals of the religion clauses are difficult to reconcile, creating …

Report From China, Isabel Marcus

Other Scholarship

No abstract provided.

Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.

Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.

Contents of papers from workshop and conference:

To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …

To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

13 pages.

The Law Of Natural Conservation In China, Xiang-Cong Ma

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

19 pages.

The Marine Environmental Protection Law Of The People’S Republic Of China (Chinese Version And Unofficial English Translation), Jianying Ye

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

40 pages.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Evaluating The Antarctic Minerals Convention: The Decisionmaking System, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Foreign Policy By Federalism: The Reagan Years, Johanna S.R. Mendelson

University of Miami Inter-American Law Review

No abstract provided.

Argentina

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

The Dauntless Incident: Should A United States Public Vessel Be Declared A "Floating Piece" Of United States Territory For Citizenship Purposes?, Kim Kiel

University of Miami Inter-American Law Review

No abstract provided.

Law And Market Society In Mexico By G.M. Armstrong, Jr, Michael Wallace Gordon

University of Miami Inter-American Law Review

No abstract provided.

Universal Kinship And The Supreme Court, Louis Lusky

Cardozo Law Review

No abstract provided.

Slouching Toward Integration: International Banking Before And After 1992, Shari Siegel

Cardozo Law Review

No abstract provided.

The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav

Faculty Scholarship

This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.

Megalaw In The U.K.: Professionalism Or Corporatism? A Preliminary Report, John Flood

Indiana Law Journal

The Growth of Large Law Firms and Its Effect on the Legal Profession and Legal Education, Symposium

The Use Of Arbitration In Cuba: International Solutions For The Resolution Of Local Problems, Henry Dahl

University of Miami Inter-American Law Review

No abstract provided.

Legal Pragmatism In The People's Republic Of China, Xingzhong Yu

Cornell Law Faculty Publications

No abstract provided.

Legal Education In Australia-Anomie, Angst, And Excellence, John H. Wade

Journal of Legal Education

No abstract provided.

Inventing Judicial Review: Israel And America, Robert A. Burt

Cardozo Law Review

No abstract provided.

Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher

Michigan Law Review

A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau

Trial By Ordeal, Robert C. Palmer

Michigan Law Review

A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett

A Comparative Perspective On The United States And Chinese Constitutions, Pu Zengyuan

William & Mary Law Review

No abstract provided.