Law Commons^™

Populist And Economic V. Feudal: Approaches To Industry Self-Regulation In The United States And England, Robert H. Heidt

Articles by Maurer Faculty

English and American courts treat industry self-regulation very differently. American courts have been generally slow to acknowledge the legitimacy of self-regulation. Once they accept the need for some degree of self-regulation, however, the American courts, under the growing influence of the Chicago school, have become increasingly willing to uphold the regulation on the grounds of economic efficiency. The English courts have had less difficulty recognizing the legitimate role industry self-regulation plays. In determining the reasonableness of the regulatory scheme, however, the English courts adopt a protectionist approach which favours the status quo within the industry. These distinctions, the author argues, …

Freedom Of Expression In A Pluralistic Society, James W. Nickel

Articles

No abstract provided.

The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski

Scholarly Articles

This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience.

This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …

Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway

Articles

In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …

Toward A Law Of Public Access To Government Information In Mexico, Carmen Quintanilla-Madero

University of Miami Inter-American Law Review

No abstract provided.

Constitutional Law (Kempo), Jutta Brunnée

Dalhousie Law Journal

In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.

China's Reforms And Her External Relations, Arthur W. Hummel Jr.

BYU Law Review

No abstract provided.

Observations On The Importance Of Law In China, Stephen B. Young

BYU Law Review

No abstract provided.

Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine

BYU Law Review

No abstract provided.

An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener

BYU Law Review

No abstract provided.

The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin

BYU Law Review

No abstract provided.

A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu

BYU Law Review

No abstract provided.

Investment And Export Contracts In The People's Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman

BYU Law Review

No abstract provided.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Normative Dominance Of Consensus, Joseph Sanders

Journal of Legal Education

No abstract provided.

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent

Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund

Michigan Law Review

A Review of Japan's High Technology Industries: Lessons and Limitations of Industrial Policy edited by Hugh Patrick

Abortion And Divorce In Western Law, Sara J. Vance

Michigan Law Review

A Review of Abortion and Divorce in Western Law by Mary A. Glendon

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

Legal Aspects Of The Argentine Price Control Regulations, Fernando C. Aranovich

University of Miami Inter-American Law Review

No abstract provided.

The James Mccormick Mitchell Lecture—Language As Violence V. Freedom Of Expression: Canadian And American Perspectives On Group Defamation, Alan Borovoy, Kathleen Mahoney, Barry Brown, Jamie Cameron, Mari Matsuda, David Goldberger

Buffalo Law Review

No abstract provided.

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …

An America's Cup For Tort Reform? Australia And America Compared, Jeffrey O'Connell, David Partlett

University of Michigan Journal of Law Reform

The issue of tort reform has descended from Ivory Towers to populist politics. A few years ago no one could have predicted that "tort reform" would become political argot and a stirring election slogan. Some in the United States see the tort crisis and the stimulus for reform as somehow uniquely American. This Article shows instead that many advanced, industrialized societies are discussing tort reform initiatives actively. The precise nature of the problems, the reasons for reform, and the shape of solutions will be fashioned by indigenous culture, tradition, and the uncertainties of politics. In the common-law world, however, a …

The Teaching Of Latin American Legal Systems In U.S. Law Schools, Alejandro M. Garro

Journal of Legal Education

No abstract provided.

Mythical Stereotypes-Dealing With Mexico As A Lawyer, Michael Wallace Gordon

Journal of Legal Education

No abstract provided.

Constitutionalism In Asia: Asian Views Of The American Influence, Lawrence W. Beer

Maryland Series in Contemporary Asian Studies

No abstract provided.

Constitutionalism In The Americas: A Bicentennial Perspective, Robert S. Barker

Barker Papers

No abstract provided.