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Full-Text Articles in Law
Comparative Cybersecurity Law In Socialist Asia, Ngoc S. Bui, Jyh-An Lee
Comparative Cybersecurity Law In Socialist Asia, Ngoc S. Bui, Jyh-An Lee
Vanderbilt Journal of Transnational Law
This Article is a comparative study of the cybersecurity laws adopted in China and Vietnam in 2017 and 2018, respectively. The two laws both converge and diverge. Their convergences include the stringent regulation of banned acts, network operators, critical infrastructure, data localization, and personal data. These are all shaped by the immediate diffusion of China's Cybersecurity Law in Vietnam and broader structural factors: namely, the common features of the socialist state, socialist legality, and the statist approach to human rights. The foundational divergence is between the Chinese notion of cybersecurity sovereignty and the Vietnamese notion of national cyberspace, which is …
Law And Development As Anti-Comparative Law, Jedidiah Kroncke
Law And Development As Anti-Comparative Law, Jedidiah Kroncke
Vanderbilt Journal of Transnational Law
This Article asserts that during the twentieth century, American law has predominantly structured its relationship to foreign legal experience through a set of ideas and practices known as "law and development," which is irredeemably antithetical to the practice of comparative law. Centrally, law and development is built on the assumption that American law can be exported abroad to catalyze foreign legal development. The dismal record of such efforts has remained paradoxically popular while the field remains locked in repeating cycles of failure and optimism.
This Article demonstrates that the history of law and development's failures is far older than has …
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Vanderbilt Journal of Transnational Law
In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …
Books Received, Law Review Staff
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.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY
By Robert C. Casad
Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.
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COMPARATIVE LAW YEARBOOK
VOL. 4, 1980
Edited by Dennis Campbell
The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.
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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE
By Edward McWhinney
Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.
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THE ENVIRONMENTAL LAW OF THE SEA
Edited by Douglas M.Johnston
Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.
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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …
The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson
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
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 …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Comparative Law Yearbook Vol. 1, 1977. Issued by the Center for International Legal Studies. The Netherlands: Sijthoff & Noordhoff International Publishers, 1978. Pp. 345.
Corporate Counsel's Annual: 1978 Jeremiah J. Spiren, Gerald Aldi, and Roger S. Mitchell, eds. New York, New York: Matthew Bender, 1978. 2 volumes. Pp. 1776.
The Impact of American Law on English and Commonwealth Law Edited by Jerome B. Elkind St. Paul: West Publishing Company, 1978. Pp. 333.
Books Received, C. C. S.
Books Received, C. C. S.
Vanderbilt Journal of Transnational Law
COMMERCIAL OPERATIONS IN EUROPE
Edited by R. M. Goode and K. R. Simmons Published for the Faculty of Laws; Queen Mary College, University of London Boston: A. W. Sijthoff, 1978. Pp. 448.
COMPARATIVE CONSTITUTIONAL LAW
By Mauro Cappelletti and William Cohen Indianapolis, Indiana: Bobbs -Merrill, 1979. Pp. 628.
COMPARATIVE LAW: WESTERN EUROPEAN AND LATIN AMERICAN LEGAL SYSTEMS
By John H. Merryman and David S. Clark Indianapolis, Indiana: Bobbs -Merrill, 1978. Pp. 1278.
THE DISCIPLINE OF LAW
By Lord Denning London: Butterworths,1979. Pp. 330.
INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS BETWEEN STATES
By Guy S. Goodwin -Gill Oxford: Clarendon Press, …
Presidential Self-Regulation Through Rulemaking, L. Harold Levinson
Presidential Self-Regulation Through Rulemaking, L. Harold Levinson
Vanderbilt Journal of Transnational Law
Editor's Note: This is the second part of a two part article by Professor L. Harold Levinson dealing with executive rulemaking. The first part appeared in Volume 9, number 4, and examined the law of the United States and the United Kingdom. This part deals with France and the European Communities, and concludes with comparative comments.
Book Reviews, Oliver J. Lissitzyn, M. Ferid
Book Reviews, Oliver J. Lissitzyn, M. Ferid
Vanderbilt Journal of Transnational Law
THE INTERNATIONAL AIR TRANSPORT ASSOCIATION: A CASE STUDY OF A QUASI-GOVERNMENTAL ORGANIZATION
By Richard Y. Chuang
Leiden: A. W. Sijthoff, 1972. Pp. xviii, 185. $12.00.
reviewer: Oliver J. Lissitzyn
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AMERICAN-GERMAN PRIVATE INTERNATIONAL LAW
By Ulrich Drobnig
Dobbs Ferry, New York: Oceana Publications for Parker School of Foreign and Comparative Law, 1972. Pp. 510. $18.00.
(No. 4 Bilateral Studies in Private International Law,
Rev. ed. of M. Domke,
American. German Private Law Relations Cases 1945-1955 (1956) ).
reviewer: M. Ferid