Law Commons^™

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.

The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson

Vanderbilt Journal of Transnational Law

Japanese law is a fledgling topic of comparative law in this country. The rapid growth of bilateral business and the integration of the United States and Japanese economies in recent years suggest the need for increased attention to this area. This Article first examines the prewar antecedents and the postwar developments of Japanese law in English in this country. It then reviews the present law school environment for the study of Japanese law as a comparative law subject. Finally, it briefly addresses three key issues basic to the development of this subject.

A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan

Vanderbilt Journal of Transnational Law

The Swiss Institute of Comparative Law seated at Lausanne was established by the federal statute of October 6, 1978. The Institute is envisioned as a center for the "documentation of and research into comparative, foreign, and international law." According to the statute and the implementing decree of December 19, 1979, the Institute serves the following purposes:

(1) to supply federal agencies and the federal administration with material and studies that may be needed for decisions concerning legislation and international treaties; (2) to contribute towards international efforts at the harmonization and unification of law; (3) to provide information and expert opinions …

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Polish Foreign Policy And The Development Of The Conference On Security And Cooperation In Europe, Keijiro Yasui

Dissertations and Theses

This thesis concerns the connection between the development of Polish foreign policy and the evolution of the Warsaw Pact's proposals for an all European Conference on Security and Cooperation in Europe (CSCE). The first concrete CSCE proposal was put forward by Poland in 1964. It reflected the Soviet Union's interests as well as those of Poland's.

The proposals were closely related to the situation which World War II had created for Poland. During the war Poland was massacred by both the Germans and the Soviets. It lost almost half of its territory to the Soviet Union and was moved to …

Power To Enforce Treaties In Australia -- The High Court Goes Centralist?, John M. Finnis

Journal Articles

At first glance, the decision of the High Court of Australia in Koowarta v Bjelke-Petersen profoundly affects the distribution of legislative power between the States and the Commonwealth of Australia. Perhaps that first impression should be somewhat qualified. But there seems no good reason to doubt what Wilson J (dissenting) said about its possible implications for the exercise of State legislative power.

The Writ Of Amparo In Latin America, Hector Fix Zamudio

University of Miami Inter-American Law Review

No abstract provided.

The Judiciary And Dispute Resolution In Japan: A Survey, Harold See

Florida State University Law Review

No abstract provided.

Law And Agrarian Reform In Costa Rica: The Legislative Phase, James P. Rowles

University of Miami Inter-American Law Review

No abstract provided.

Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff

University of Miami Inter-American Law Review

No abstract provided.

Labor Relations Law In The United States From A Comparative Perspective*, Benjamin Aaron

Washington and Lee Law Review

No abstract provided.

The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh

Michigan Law Review

Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.

This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part …

The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie

University of Miami Inter-American Law Review

No abstract provided.

An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff

University of Miami Inter-American Law Review

No abstract provided.

Banking Report, Paul A. Lester

University of Miami Inter-American Law Review

No abstract provided.

Aviation Law Report, Carl E.B. Mckenry

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Latin American Antitrust, Rafael German

University of Miami Inter-American Law Review

No abstract provided.

Regional And International Activities, Isidoro Zanotti

University of Miami Inter-American Law Review

No abstract provided.

The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin

University of Miami Inter-American Law Review

No abstract provided.

Books Received

University of Miami Inter-American Law Review

No abstract provided.

Should Judges Be Politicians?: The English Experience, Gareth Jones

Indiana Law Journal

Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.

Recent Highlights In Brazilian Banking Legislation, Thomas J. Skola, Jose Roberto C. Opice

University of Miami Inter-American Law Review

No abstract provided.

Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers

Journal Articles

Comparative constitutional law is a developing area of legal scholarship. One sign of this development is the recent appearance of two casebooks, both published in 1979. Comparative Constitutional Law: Cases and Materials by Mauro Cappelletti and William Cohen, focuses primarily on the procedural rights of defendants from the United States and nine European jurisdictions. Comparative Constitutional Law. Cases and Commentaries by Walter F. Murphy and Joseph Tanenhaus, examines the constitutional interpretation of a large number of substantive issues in six contemporary constitutional democracies. Reviewing the two books together provides an opportunity not only to compare them as teaching tools but …

Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth

Michigan Law Review

A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White

Japan's Commission On The Constitution: The Final Report, Translated And Edited By John M. Maki (1980), Frank K. Upham

Washington Law Review

The Final Report, which has been well translated and intelligently edited by John M. Maki, demonstrates to an almost excruciating extent this concern for fairness and balance. The first three parts of the Report chronicle the creation, structure, procedure, and central issues of the Commission's work. In doing so, they catalog issues and positions and explain the mechanics of the Commission, but do little else. For those interested in the substantive views espoused, Part Four, The Opinions of the Commissioners, will hold the most interest.

Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review

Michigan Law Review

A Review of Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy by Steven Kelman

A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin

All Faculty Scholarship

No abstract provided.