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1987

Comparative and Foreign Law

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Full-Text Articles in Law

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center Aug 1987

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke ...


Environmental Policy And Legislation In China, Rui Lin Jin, Wen Liu Aug 1987

Environmental Policy And Legislation In China, Rui Lin Jin, Wen Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

13 pages.


China’S Environmental Legislation And Current Issues, Dian Rong Luo Aug 1987

China’S Environmental Legislation And Current Issues, Dian Rong Luo

Proceedings of the Sino-American Conference on Environmental Law (August 16)

8 pages.


A Few Problems In Environmental Protection Legislation In China, Wei Min Wang Aug 1987

A Few Problems In Environmental Protection Legislation In China, Wei Min Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

9 pages.


The General Policy Of Controlling The Environment Comprehensively To Make The Chinese Economy And Environment Gradually Develop In Harmony, Yan Liu Aug 1987

The General Policy Of Controlling The Environment Comprehensively To Make The Chinese Economy And Environment Gradually Develop In Harmony, Yan Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Environmental Policy Analysis Of Industrial Development In China, Li Kang Aug 1987

Environmental Policy Analysis Of Industrial Development In China, Li Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Development Of Chinese Environmental Management Structure, Zhu Zhong Jie Aug 1987

Development Of Chinese Environmental Management Structure, Zhu Zhong Jie

Proceedings of the Sino-American Conference on Environmental Law (August 16)

5 pages.


Establishment And Practice Of The Chinese Environmental Impact Assessment System, Dao Lian Lin Aug 1987

Establishment And Practice Of The Chinese Environmental Impact Assessment System, Dao Lian Lin

Proceedings of the Sino-American Conference on Environmental Law (August 16)

12 pages.


Air Protection And Energy Usage, Han Chen Wang Aug 1987

Air Protection And Energy Usage, Han Chen Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.


Water Pollution Control And Management In China, Xing Xiang Zhu Aug 1987

Water Pollution Control And Management In China, Xing Xiang Zhu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

11 pages.


Hazardous Materials And Wastes In China: Management And Legislative Principles, Shi Qing Aug 1987

Hazardous Materials And Wastes In China: Management And Legislative Principles, Shi Qing

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


On “The Strategy For Nature Protection In China”, Cheng Zheng Kang Aug 1987

On “The Strategy For Nature Protection In China”, Cheng Zheng Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Chinese Species Resource And Protection Policy, Run Ao Li Aug 1987

Chinese Species Resource And Protection Policy, Run Ao Li

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.


Enforcement Of Environmental Laws In China, Ma Xiang Cong Aug 1987

Enforcement Of Environmental Laws In China, Ma Xiang Cong

Proceedings of the Sino-American Conference on Environmental Law (August 16)

15 pages.


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American ...


Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters Jan 1987

Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters

LLM Theses and Essays

In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the ...


A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul Jan 1987

A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul

LLM Theses and Essays

This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.


Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn Jan 1987

Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn

Articles

No abstract provided.


Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer Jan 1987

Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer

Faculty Publications

No abstract provided.


Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier Jan 1987

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.


New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith Jan 1987

New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith

Law Faculty Publications

No abstract provided.


Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman Jan 1987

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.


Law And The Abuse Of Economic Power In Europe, David J. Gerber Jan 1987

Law And The Abuse Of Economic Power In Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Universal And The Particular In Legal Discourses, George P. Fletcher Jan 1987

The Universal And The Particular In Legal Discourses, George P. Fletcher

Faculty Scholarship

My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.


Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee Jan 1987

Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee

Faculty Scholarship

The article begins with a discussion of the social and political background that influenced the emergence of the constitutionally guaranteed right to counsel in Spanish law. Next, it traces the constitutional development and legislative refinements of the right to counsel. It then considers judicial refinements of that right. The article concludes with a comparison of the Spanish process of articulating the right to counsel with the parallel process in the United States and what such differences bode for U.S. scholars.


A Government By Judges: An Historical Re-View, Michael Henry Davis Jan 1987

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming ...


Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski Jan 1987

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Scholarly Articles and Other Contributions

This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.


Civil Defamation Law In The Soviet Union, Fred H. Cate Jan 1987

Civil Defamation Law In The Soviet Union, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song Jan 1987

China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song

Articles by Maurer Faculty

No abstract provided.