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1982

Comparative and Foreign Law

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Articles 1 - 30 of 66

Full-Text Articles in Law

Professional Ethical Issues Confronting The Bench And Bar In 'Mental Disability' Cases, Charles Baron Aug 2013

Professional Ethical Issues Confronting The Bench And Bar In 'Mental Disability' Cases, Charles Baron

Charles H. Baron

No abstract provided.


The Writ Of Amparo In Latin America, Hector Fix Zamudio Dec 1982

The Writ Of Amparo In Latin America, Hector Fix Zamudio

University of Miami Inter-American Law Review

No abstract provided.


The Judiciary And Dispute Resolution In Japan: A Survey, Harold See Oct 1982

The Judiciary And Dispute Resolution In Japan: A Survey, Harold See

Florida State University Law Review

No abstract provided.


Law And Agrarian Reform In Costa Rica: The Legislative Phase, James P. Rowles Oct 1982

Law And Agrarian Reform In Costa Rica: The Legislative Phase, James P. Rowles

University of Miami Inter-American Law Review

No abstract provided.


Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff Oct 1982

Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff

University of Miami Inter-American Law Review

No abstract provided.


Labor Relations Law In The United States From A Comparative Perspective*, Benjamin Aaron Sep 1982

Labor Relations Law In The United States From A Comparative Perspective*, Benjamin Aaron

Washington and Lee Law Review

No abstract provided.


The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh Jun 1982

The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh

Michigan Law Review

Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.

This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part …


Table Of Contents Apr 1982

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Regional And International Activities, Isidoro Zanotti Apr 1982

Regional And International Activities, Isidoro Zanotti

University of Miami Inter-American Law Review

No abstract provided.


Should Judges Be Politicians?: The English Experience, Gareth Jones Apr 1982

Should Judges Be Politicians?: The English Experience, Gareth Jones

Indiana Law Journal

Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.


Latin American Antitrust, Rafael German Apr 1982

Latin American Antitrust, Rafael German

University of Miami Inter-American Law Review

No abstract provided.


The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie Apr 1982

The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie

University of Miami Inter-American Law Review

No abstract provided.


An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff Apr 1982

An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff

University of Miami Inter-American Law Review

No abstract provided.


Banking Report, Paul A. Lester Apr 1982

Banking Report, Paul A. Lester

University of Miami Inter-American Law Review

No abstract provided.


Aviation Law Report, Carl E.B. Mckenry Apr 1982

Aviation Law Report, Carl E.B. Mckenry

University of Miami Inter-American Law Review

No abstract provided.


Recent Highlights In Brazilian Banking Legislation, Thomas J. Skola, Jose Roberto C. Opice Apr 1982

Recent Highlights In Brazilian Banking Legislation, Thomas J. Skola, Jose Roberto C. Opice

University of Miami Inter-American Law Review

No abstract provided.


The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin Apr 1982

The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin

University of Miami Inter-American Law Review

No abstract provided.


Brazil Apr 1982

Brazil

University of Miami Inter-American Law Review

No abstract provided.


Books Received Apr 1982

Books Received

University of Miami Inter-American Law Review

No abstract provided.


Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers Apr 1982

Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers

Journal Articles

Comparative constitutional law is a developing area of legal scholarship. One sign of this development is the recent appearance of two casebooks, both published in 1979. Comparative Constitutional Law: Cases and Materials by Mauro Cappelletti and William Cohen, focuses primarily on the procedural rights of defendants from the United States and nine European jurisdictions. Comparative Constitutional Law. Cases and Commentaries by Walter F. Murphy and Joseph Tanenhaus, examines the constitutional interpretation of a large number of substantive issues in six contemporary constitutional democracies. Reviewing the two books together provides an opportunity not only to compare them as teaching tools but …


Japan's Commission On The Constitution: The Final Report, Translated And Edited By John M. Maki (1980), Frank K. Upham Mar 1982

Japan's Commission On The Constitution: The Final Report, Translated And Edited By John M. Maki (1980), Frank K. Upham

Washington Law Review

The Final Report, which has been well translated and intelligently edited by John M. Maki, demonstrates to an almost excruciating extent this concern for fairness and balance. The first three parts of the Report chronicle the creation, structure, procedure, and central issues of the Commission's work. In doing so, they catalog issues and positions and explain the mechanics of the Commission, but do little else. For those interested in the substantive views espoused, Part Four, The Opinions of the Commissioners, will hold the most interest.


Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review Mar 1982

Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review

Michigan Law Review

A Review of Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy by Steven Kelman


Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth Mar 1982

Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth

Michigan Law Review

A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White


A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin Feb 1982

A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi Jan 1982

Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi

UC Law SF International Law Review

No abstract provided.


The Close Corporation's Counterparts In France, Germany, And The United Kingdom: A Comparative Study, Mark R. Von Sternberg Jan 1982

The Close Corporation's Counterparts In France, Germany, And The United Kingdom: A Comparative Study, Mark R. Von Sternberg

UC Law SF International Law Review

The GmbH in Germany, the SARL in France, and the British "private company" may be considered counterparts to the close corporation in the United States. The theories of organization of these foreign concerns are a combination of contractual norms, partnership principles, and some corporation law principles. This Article analyzes the three types of corporate organization in terms of development, structure, and management. The Article concludes with a brief comparison of the three concerns and their "public" company counterparts.


Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen Jan 1982

Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen

UC Law SF International Law Review

No abstract provided.


Liability For Transnational Pollution Caused By Offshore Oil Rig Blowouts, William N. Hancock, Robert M. Stone Jan 1982

Liability For Transnational Pollution Caused By Offshore Oil Rig Blowouts, William N. Hancock, Robert M. Stone

UC Law SF International Law Review

With man's quest for fossil fuels reaching into the depths of the ocean, the possibility of accidents occurring with transnational results increases. The 1979-1980 Bay of Campeche oil spill provides a graphic example of the pollution that can occur in trying to extract fossil fuels from the sea. The authors examine the basis for liability of a polluting state in international law and some of the difficulties in enforcement.


Embedding Policy Statements In Statutes: A Comparative Perspective On The Genesis Of A New Public Law Jurisprudence, R. Grant Hammond Jan 1982

Embedding Policy Statements In Statutes: A Comparative Perspective On The Genesis Of A New Public Law Jurisprudence, R. Grant Hammond

UC Law SF International Law Review

Despite the recent development of embedding policy statements or declarations into statutes, there has been a lack of general commentary on this technique of formulating legislation. This Article draws attention to this development and analyzes its potential significance. By examining some examples in the United States, Canada, and New Zealand, the author attempts to demonstrate how the technique may be a functional vehicle for a large-scale declaration of legislative and public policy objectives.


Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr. Jan 1982

Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.