Law Commons^™

Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau

Faculty Scholarship

With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain

Cornell Law Faculty Publications

This comparative study discusses whether selected foreign countries--Canada, the United Kingdom, France, and the Federal Republic of Germany--have a history of a movement toward the establishment of a national information center. The author examines the development of existing law libraries and libraries with large legal collections, analyzes the role played by the national library of each country, and describes some cooperative accomplishments at the regional and national level. Comparisons are drawn with what is expected of a national legal information center in the United States.

The Draft Restatement: A Critique From A Securities Regulation Perspective, Douglas C. Michael, Daniel L. Goelzer, Jacob H. Stillman, Elisse B. Walter, Anne H. Sullivan

Law Faculty Scholarly Articles

For the past several years, the American Law Institute has been preparing a proposed revision of the Restatement (Second) of the Foreign Relations Law of the United States (“Draft Restatement”). This article is a critique from a securities regulation perspective of the Draft Restatement's sections 402, 403, 416, 418, 419, 420 and 431.1 In short, the Draft Restatement departs substantially from existing law. It would add dangerous vagueness and uncertainty to the jurisdictional analysis used to determine whether the United States securities laws will be applied to transnational securities activities. In particular, the complicated balancing inquiry required under the Draft …

Perfil Histórico Del Iv Presidente De Cuba Republicana, Néstor Carbonell Cortina

Mario Diaz Cruz Pamphlets

Alfredo Zayas y Alfonso

Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray

Reviews

Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …

Review Of Njáls Saga: Rechtsproblematik Im Dienste Soziokultureller Deutung, William I. Miller

Reviews

There is little recommend this book. It is ill-conceived and poorly executed. The author's thesis is that the saga-writer intentionally distorted and varied his presentation of the law of the lawbooks in order to show a society being destroyed by uncontrolled egoism, pride, and envy, a society characterized by willful arbitrariness, disorder, and disarray, with few rules to respect and little respect for the few rules that were there. The validity of the thesis is never really tested because the law which the saga-writer distorts is not even minimally established, nor for that matter is the law the saga-writer does …

The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel

LLM Theses and Essays

Antidumping and countervailing legislation contain two tests. First, is the import product dumped or subsidized? Second, is it causing injury to the domestic producers? The latter test, which is the most controversial in the history of antidumping and countervailing legislation, is, in a comparative perspective between the EEC and the USA, the focus of this thesis.

Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn

LLM Theses and Essays

This paper will examine regulations relating to transactions by foreigners in the United States securities markets and compare with investor protection in the U.K. and Thailand. It will also examine the manner in which the U.S. seeks to control extraterritorial securities transactions.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Let It Bleed: The Federal Preemption Doctrine And The Sale Of Blood Plasma, Michael L. Perlin

Other Publications

No abstract provided.

Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers

Journal Articles

In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …

Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz

Michigan Journal of International Law

Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can …

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.

Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Introduction, John Makdisi

Cleveland State Law Review

No abstract provided.

The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi

Cleveland State Law Review

Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …

Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh

Cleveland State Law Review

Shufah is an excellent example of the continuity of an Islamic institution and of the capacity of that institution for change. Although it is not, strictly speaking, a part of personal status law, which is said to be the only part of Islamic law that is being applied in Islamic countries, it has survived in a recognizable form. Islamic countries, in their attempts at law reform, have effected little change in the traditional law of personal states, only after heated discussions and controversy. On the other hand, profound changes were introduced into the traditional law of preemption with little controversy. …

Formal Rationality In Islamic Law And The Common Law, John Makdisi

Cleveland State Law Review

Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …

Islamic Family Law And Anglo-American Public Policy, David Pearl

Cleveland State Law Review

This Article discusses the response of the English judiciary and legislature to the differing expectations and norms of the Muslim community living in its midst. Although the emphasis is necessarily on the English experience, it is hoped that the problems and the reactions will have echoes on the other side of the Atlantic. England, perhaps more than the United States, enjoys an ecclesiastical entrenchment in historical terms. Little of this experience however should be left in the ongoing day to day reality of the administration of family law. This Article proposes that pluralism and diversity must be a central theme …

Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …

The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori

Washington Law Review

This article focuses on the Japanese Supreme Court's exercise of its power of judicial administration. The article places special emphasis on the management of the judiciary and on rulemaking, both quite novel to the Japanese court.

At Long Last A Portuguese-English/English-Portuguese Legal Dictionary: Dicionário Jurídico-Law Dictionary By Maria Chaves De Mello, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.

In Memoriam -- Alfred Frank Crotti, Rafael C. Benitez, Thomas R. Ewald, Richard A. Hausler, Bernard H. Oxman, Naseem K. Sayed, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Mexico's Foreign Exchange Controls. Two Administrations-Two Solutions. Thorough And Benign, Ignacio Gomez-Palacio

University of Miami Inter-American Law Review

No abstract provided.

Towards A United Kingdom Bill Of Rights, Francis G. Jacobs

University of Michigan Journal of Law Reform

The United Kingdom has no fundamental constitutional instrument. It is in that respect almost unique. Instead it has a fundamental constitutional doctrine: the doctrine of the sovereignty of Parliament. The first paradox of the United Kingdom constitution is that no rules have a constitutional status.

The doctrine of Parliamentary sovereignty entails that all the constitutional rules that, in other countries, would be set out in a constitution are, in the United Kingdom, contained in Acts of Parliament-or in the common law, or in unwritten constitutional conventions or custom; and that any such rules, whether statutory or not, can be repealed …

An Insider's Perspective On The Significance Of The German Criminal Theory's General System For Analyzing Criminal Acts; Foreign Law, Wolfgang Naucke

BYU Law Review

No abstract provided.

A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson

BYU Law Review

No abstract provided.