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Articles

Comparative and Foreign Law

1993

Articles 1 - 3 of 3

Full-Text Articles in Law

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone Feb 1993

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …


Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote Jan 1993

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

Articles

No abstract provided.


"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote Jan 1993

"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 …