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Articles 1 - 6 of 6
Full-Text Articles in Law
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
Hugh J. Ault
This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and economic background of legal rules and their consequences through clinical legal education, which attempts to provide a real or …
Child Support For Adult Children, Margaret Ryznar
Child Support For Adult Children, Margaret Ryznar
Margaret Ryznar
Although family law requires parents to support their minor children, the question of post-majority support—or child support for adult children—is entirely different. Some states permit this type of child support, while others do not. Those affected by this divergence in approaches include college students, unemployed people, disabled people, and of course, their parents—at a time of financial difficulty for many. The approach of each jurisdiction to this issue rests on whether the family is viewed as a social support system and whether intergenerational obligations exist. To help analyze these questions, this Article uses a comparative approach, considering the relevant law …
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Samuel J. Levine
In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …
Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw
Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw
Cheng L Saw
Lawyers in the Commonwealth are all too familiar with the common law action in passing off, which has been described as “the oldest of the modern legal regimes for the protection of trade symbols”. To bring an action in passing off, a claimant must establish the “classical trinity”: goodwill, misrepresentation and damage. The subject under discussion in this article, however, relates principally to the first of these elements (i.e. goodwill), and, more specifically, addresses the question as to whether a foreign trader, who may not be carrying on business in the jurisdiction, can nevertheless assert that he enjoys goodwill therein. …
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Robert B Leflar
Japanese legal structures addressing health care-related deaths and injuries rely more on public law institutions and rules than do the common-law North American jurisdictions, where private law adjudication is predominant. This article explores four developments in 21st-century Japanese health care law. The first two are in the public law sphere: criminal prosecutions of health care personnel accused of medical errors, and a health ministry-sponsored “Model Project” to analyze medical-practice-associated deaths. The article addresses a private law innovation: health care divisions of trial courts in several metropolitan areas. Finally, the article introduces Japan’s new no-fault program for compensating birth-related obstetrical injuries. …
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.