Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (255)
- Maurer School of Law: Indiana University (156)
- Columbia Law School (142)
- University of Georgia School of Law (142)
- University of Pennsylvania Carey Law School (129)
-
- University of Colorado Law School (125)
- University of Pittsburgh School of Law (108)
- Duke Law (93)
- American University Washington College of Law (82)
- Schulich School of Law, Dalhousie University (76)
- University of Washington School of Law (76)
- Cornell University Law School (75)
- Chicago-Kent College of Law (74)
- UIC School of Law (72)
- Boston University School of Law (71)
- Georgetown University Law Center (71)
- Texas A&M University School of Law (66)
- Singapore Management University (62)
- Golden Gate University School of Law (60)
- Pace University (55)
- William & Mary Law School (49)
- Yeshiva University, Cardozo School of Law (46)
- Saint Louis University School of Law (44)
- The Catholic University of America, Columbus School of Law (41)
- University of Miami Law School (41)
- Penn State Law (40)
- University of Florida Levin College of Law (40)
- Washington and Lee University School of Law (38)
- Notre Dame Law School (37)
- Cleveland State University (35)
- Keyword
-
- Comparative law (226)
- Comparative Law (126)
- International law (117)
- China (106)
- United States (104)
-
- International Law (68)
- Canada (65)
- Germany (62)
- England (61)
- Constitutional law (60)
- European Union (60)
- Human rights (58)
- Japan (52)
- History (48)
- Australia (42)
- Jurisdiction (41)
- Regulation (39)
- Courts (38)
- Antitrust (37)
- Corporations (37)
- United Kingdom (37)
- Constitutional Law (36)
- India (36)
- Constitution (34)
- Law (34)
- Federalism (33)
- Foreign law (33)
- Globalization (33)
- South Africa (33)
- France (32)
- Publication
-
- Faculty Scholarship (475)
- Articles (393)
- All Faculty Scholarship (264)
- Articles by Maurer Faculty (152)
- Journal Articles (111)
-
- Publications (105)
- LLM Theses and Essays (100)
- Faculty Publications (99)
- Scholarly Articles (76)
- Articles, Book Chapters, & Popular Press (71)
- UIC Law Open Access Faculty Scholarship (71)
- Georgetown Law Faculty Publications and Other Works (66)
- Scholarly Works (65)
- Cornell Law Faculty Publications (63)
- Research Collection Yong Pung How School Of Law (59)
- Articles in Law Reviews & Other Academic Journals (55)
- Book Chapters (55)
- UF Law Faculty Publications (39)
- Elisabeth Haub School of Law Faculty Publications (36)
- CICLR Online (35)
- Law Faculty Articles and Essays (31)
- Space, Cyber, and Telecommunications Law Program: Faculty Publications (27)
- Articles & Chapters (25)
- Reviews (25)
- Law Faculty Publications (24)
- Faculty Articles (23)
- Other Publications (23)
- Faculty Articles and Papers (22)
- Faculty Works (22)
- Scholarly Publications (22)
- File Type
Articles 2671 - 2700 of 3156
Full-Text Articles in Law
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Journal Articles
The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …
Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg
Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg
Faculty Scholarship
Most, if not all, copyright laws distinguish between ownership of the incorporeal copyright, and ownership of chattels. A generally-accepted corollary holds that alienation of the chattel that constitutes the material form of a copyrighted work does not carry the copyright with it. Applying this principle to works of the visual arts, it should be clear that sale of a painting, even if it is the only "copy" of a work, is not a transfer of the exclusive rights under copyright to reproduce the work or to create derivative works based on the painting. Similarly, ownership of the copyright confers no …
Investment Companies As Guardian Shareholders: The Place Of The Msic In The Corporate Governance Debate, Ronald J. Gilson, Reinier Kraakman
Investment Companies As Guardian Shareholders: The Place Of The Msic In The Corporate Governance Debate, Ronald J. Gilson, Reinier Kraakman
Faculty Scholarship
Comparative corporate governance is both necessary and hard. Recent scholarship has identified the political and historical contingency of the American pattern of corporate governance. The Berle-Means corporation, with its separation of management and risk bearing and the attendant agency conflict between managers and shareholders, is now widely recognized as being as much a creature of the American pattern of law and politics as the handiwork of neutral market forces. This recognition underscores the need to place the American experience in a comparative perspective. Other patterns of corporate governance can provide both insights into the operation of our own and a …
"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote
"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote
Articles
The capital punishment system and current standards for collateral review of capital sentences appear quite similar in the United States and Japan. On a deeper level, though, the systems are moving in very different directions. Given. the extensive literature on capital punishment and capital habeas in the United States, this article focuses chiefly on Japan, examining the process by which the standards governing postconviction review have been relaxed and the impact of that change. Japan's Supreme Court bears the image of being a highly conservative, passive institution resistant to dramatic .change of any sort. Yet this examination reveals that, in …
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle
Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Litigation Cost Allocation Rules And Compliance With The Negligence Standard, Keith N. Hylton
Litigation Cost Allocation Rules And Compliance With The Negligence Standard, Keith N. Hylton
Faculty Scholarship
This article examines compliance, incentives to bring suit, and incentives to settle in a negligence regime under alternative litigation cost allocation rules. Four allocation rules are considered: the American rule, which requires each party to pay his own costs; the British rule, which requires the losing party to pay the winning party's costs in addition to his own; the prodefendant rule, which requires the defendant to pay only his own costs if he loses and nothing otherwise; and the proplaintiff rule, which requires the plaintiff to pay only his own costs if he loses and nothing otherwise.
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
Publications
No abstract provided.
Making America Competitive, Mark J. Loewenstein
Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski
Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Articles
No abstract provided.
Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson
Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson
Faculty Scholarship
No abstract provided.
Subsidiarity And The European Community, George Bermann
Subsidiarity And The European Community, George Bermann
Faculty Scholarship
The notion of subsidiarity in European federalism labors from all manner of burdens. It seems elusive by nature, commentators claiming that they do not know what subsidiarity means or, if they do, that they do not see in it anything new. At the same time subsidiarity has been presented at least in some quarters as a panacea for the Community's current malaise. It clearly is not that. Even if subsidiarity has not been oversold, it is almost certainly overexposed, a condition that the present Article is unlikely to cure.
My purpose in this Article is simply to help make some …
British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel
British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel
All Faculty Scholarship
No abstract provided.
Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Scholarly Articles
Not available.
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock
Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Reviews
Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …
June Starr's Law As Metaphor: From Islamic Courts To The Palace Of Justice (Book Review), David M. Engel
June Starr's Law As Metaphor: From Islamic Courts To The Palace Of Justice (Book Review), David M. Engel
Book Reviews
No abstract provided.
Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty
Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
LLM Theses and Essays
One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …
A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su
A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su
LLM Theses and Essays
Due to the rapid industrialization and commercialization of Taiwan’s economy, many of Taiwan’s old laws regulating economic activity have been rendered obsolete. The lack of proper regulation of modern economic activities has led to the formation of many monopolies and oligopolies in Taiwan which practice price-fixing and output restrictions. The Taiwanese government has responded to this problem with a new antitrust statute, known as the Fair Trade Law (FTL), and a draft FTL was formally adopted in 1986. The strengths and weaknesses of the draft FTL are analyzed with regards to monopolies and oligopolies, mergers and combinations, and concerted actions. …
Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii
LLM Theses and Essays
American politicians and businessmen have criticized the Antimonopoly Act, Japanese antitrust legislation, for allowing horizontal restraints on trade known as cartels. This paper compares and contrasts U.S. antitrust laws with regards to horizontal restrains on trade from that of Japan. A highlighted difference between U.S. and Japanese antitrust legislation is the use of exemptions. The Antimonopoly Act provides for more exemptions immunizing a cartel, such as exceptions for cartels formed during a depression or when the defendants have little market power, than does similar legislation in the U.S. To illustrate how the exemption for cartels in a depressed industry applies …
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
Faculty Articles and Papers
No abstract provided.
Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber
Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber
All Faculty Scholarship
No abstract provided.
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
Faculty Scholarship
No abstract provided.
Political And Economic Integration: The European Experience And Lessons For Canada, Patrick Monahan
Political And Economic Integration: The European Experience And Lessons For Canada, Patrick Monahan
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson
Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson
Scholarly Articles
When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …