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Articles 1 - 8 of 8
Full-Text Articles in Law
Hard Cases, Carl E. Schneider
Hard Cases, Carl E. Schneider
Articles
Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Articles
No abstract provided.
Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi
Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi
Articles
No abstract provided.
Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote
Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote
Articles
Since my initial appointment as an assistant judge in April of 1950, I have served as a judge for over 39 1/2 years. For most of that time, over 30 years, I have handled criminal trials. Thus, one might say that I personally represent a living history of the current Code of Criminal Procedure. Human beings, however, inevitably tend to idle their time away; and I have been kept busy day in and day out handling cases and up until now have never had the chance to sit back and reflect dispassionately on the actual state of criminal trials. That …
Judicial Reform In Brazil, Keith S. Rosenn
Judicial Reform In Brazil, Keith S. Rosenn
Articles
Judicial reform is currently a hotly debated topic in Brazil. The call for reform of the Brazilian judiciary, however, is anything but new. The Brazilian judiciary has been in a state of crisis since colonial days, and despite numerous attempts at reform, it remains in crisis. With the privatization of Brazil's state-owned enterprises, the growth of Mercosur, the urgent need to make Brazilian firms competitive in world markets, the emphasis upon attracting foreign investment, and the opening of Brazil's economy to foreign competition, Brazilian political leadership began to focus upon ways to reform Brazil's malfunctioning judicial system. Unfortunately, the proposed …
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
Articles
Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …
Enlightenment, Donald J. Herzog
Enlightenment, Donald J. Herzog
Articles
It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …