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Full-Text Articles in Law
Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli
Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli
Law and Contemporary Problems
No abstract provided.
Walking While Muslim, Margaret Chon, Donna E. Arzt
Walking While Muslim, Margaret Chon, Donna E. Arzt
Law and Contemporary Problems
The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.
Drug Wars In Black And White, Joseph E. Kennedy
Drug Wars In Black And White, Joseph E. Kennedy
Law and Contemporary Problems
The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Judicializing Politics, Politicizing Law, John Ferejohn
Judicializing Politics, Politicizing Law, John Ferejohn
Law and Contemporary Problems
Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
Law and Contemporary Problems
Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Law and Contemporary Problems
Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.
Volunteering In Cross-National Perspective: Initial Comparisons, Helmut K. Anheier, Lester M. Salamon
Volunteering In Cross-National Perspective: Initial Comparisons, Helmut K. Anheier, Lester M. Salamon
Law and Contemporary Problems
Anheier and Salamon shed some light on volunteering in different parts of the world by exploring the conceptions and patterns of voluntary action cross-nationally. As a cultural and economic phenomenon, volunteering is part of the way societies are organized, how they allocate social responsibilities, and how much engagement and participation they expect from citizens.
The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott
The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott
Law and Contemporary Problems
Focusing on Part X of the UK's Companies Act 1985, DeMott draws contrasts with corporate law in the US. Part X has a style and feel that is distinctly different from counterpart provisions in the US corporate statutes.
Separating Judicial Power, David P. Currie
Separating Judicial Power, David P. Currie
Law and Contemporary Problems
Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Law and Contemporary Problems
One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate the costs of a no-fault system, one that is similar to the system now in operation in Sweden, within the context of the US health care system.
A Comparative Assessment Of The Piaa Data Sharing Project And The National Practitioner Data Bank: Policy, Purpose, And Application, Lawrence E. Smarr
A Comparative Assessment Of The Piaa Data Sharing Project And The National Practitioner Data Bank: Policy, Purpose, And Application, Lawrence E. Smarr
Law and Contemporary Problems
The nature and scope of the differences between the Data Sharing Project conducted by the Physician Insurers Association of America and the National Practitioner Data Bank operated by the Department of Health and Human Services are examined. The data collection and dissemination projects both capture codified information regarding medical malpractice claims.
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
Law and Contemporary Problems
In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.
Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott
Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott
Law and Contemporary Problems
The distinctive Canadian contribution to the resolution of conflict among shareholders and of conflict between nonshareholder constituents--such as creditors--and persons controlling a corporation, typically its shareholders and directors, is examined with respect to comparable US judicial remedies.
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
Law and Contemporary Problems
A study examines, from the perspective of two practitioners, current trends in the global regulation of insider trading.
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
Law and Contemporary Problems
An attempt is made to disperse some of the regulatory haze created by the various philosophies of corporate governance within the EC. Understanding the different systems of takeover regulation within the European countries Before attempting an acquisition can provide a company with more than just important technical knowledge about the requirements of an acquisition.
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Law and Contemporary Problems
The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.
Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine
Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine
Law and Contemporary Problems
In order to examine the divergent administration of statutes that are by their terms similar, the initial public offering procedures that a non-sovereign domestic issuer follows in the US and Japan are described.
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
Law and Contemporary Problems
Company law in the UK and securities regulation in the US have developed over the past six decades in response to rapidly changing economic, political and social circumstances. The main features of the regulation of primary securities distributions are identified in the two countries, and their treatment of civil liability is compared.
Foreword: O Canada, William W. Van Alstyne
Foreword: O Canada, William W. Van Alstyne
Law and Contemporary Problems
No abstract provided.
The Differing Federalisms Of Canada And The United States, Martha A. Field
The Differing Federalisms Of Canada And The United States, Martha A. Field
Law and Contemporary Problems
The differences in the ways in which the US and Canada have structured their federalisms are discussed. Both systems have judicial supremacy, but Canada recognizes far more legislative power in the provinces than the US allows its states.
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Law and Contemporary Problems
A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.
The Medical Malpractice Crisis: A Comparative Empirical Perspective, Donald N. Dewees, Michael J. Trebilcock, Peter C. Coyte
The Medical Malpractice Crisis: A Comparative Empirical Perspective, Donald N. Dewees, Michael J. Trebilcock, Peter C. Coyte
Law and Contemporary Problems
The results of a detailed empirical study of the Canadian medical malpractice experience are presented. Policy perspectives on the so-called medical malpractice crisis need to be much more broadly cast than the overwhelming preoccupation with tort reform issues that have dominated policy debates to this juncture.
Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe
Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe
Law and Contemporary Problems
No abstract provided.
Forty Years Of The Constitution And Its Various Influences: Japanese, American, And European , Yasuhiro Okudaira
Forty Years Of The Constitution And Its Various Influences: Japanese, American, And European , Yasuhiro Okudaira
Law and Contemporary Problems
No abstract provided.
The Treasury’S Proposals For Tax Reform: A Canadian Perspective, Gordon Bale
The Treasury’S Proposals For Tax Reform: A Canadian Perspective, Gordon Bale
Law and Contemporary Problems
No abstract provided.