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Articles 1 - 30 of 272
Full-Text Articles in Law
Review Of The Complete Bill Of Rights: The Drafts, Debates, Sources And Origins, By Neil Cogan, And Declaring Rights: A Brief History With Documents, By Jack N. Rakove, Charles Baron
Charles H. Baron
No abstract provided.
Rapport De Charles Baron, Charles Baron
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Michigan Law Review
For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …
Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler
Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Russian Title Registration System For Realty And Its Effect On Foreign Investors, Lev S. Batalov
The Russian Title Registration System For Realty And Its Effect On Foreign Investors, Lev S. Batalov
Washington Law Review
The recent privatization of real property is an important step in Russia's transition from a planned to market economy. This privatization creates opportunities for foreigners in the Russian realty market. However, foreigners are not likely to enter this market unless rights to immovable property are certain and secure. This Comment describes the new Russian immovable property Registration Law and argues that, despite its drawbacks, it creates a workable system that will provide certainty and security in rights to Russian immovable property. Furthermore, the Comment advises foreign investors on how to avoid potential problems the new law creates.
Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban
Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban
Indiana Law Journal
No abstract provided.
Defamation, The Free Press, And Latin America: A Roadmap For The Inter-American Court Of Human Rights And Emerging Democracies, Edward J. Pauw, Ari Chaim Shapiro
Defamation, The Free Press, And Latin America: A Roadmap For The Inter-American Court Of Human Rights And Emerging Democracies, Edward J. Pauw, Ari Chaim Shapiro
University of Miami Inter-American Law Review
No abstract provided.
Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle
Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle
Penn State International Law Review
No abstract provided.
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Penn State International Law Review
No abstract provided.
Service Provider Liability: Australian High Court Gives The World A First-Should The United States Follow Suit?, Daniel G. Asmus
Service Provider Liability: Australian High Court Gives The World A First-Should The United States Follow Suit?, Daniel G. Asmus
Penn State International Law Review
No abstract provided.
Legal Issues On The Internet: An Analysis And Comparison Of Law And Policy Relating To The Use And Regulation Of The Internet In Great Britain And Australia, James B. Mcnamara
Legal Issues On The Internet: An Analysis And Comparison Of Law And Policy Relating To The Use And Regulation Of The Internet In Great Britain And Australia, James B. Mcnamara
Penn State International Law Review
No abstract provided.
Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie
Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie
Washington International Law Journal
Throughout Vietnam's long history, the central elite and peripheral farming communities have been legally and culturally divided. This dichotomy was never as complete as the famous injunction that "the emperor's writ stops at the village gate" infers. Initially, during the period of French colonisation and more recently since the introduction of doi moi (renovation) economic reforms, central authorities have attempted to unify land management with universal normative law. This experiment has stimulated widespread non-compliance with land laws in urban centres; in some areas compliance is a fringe phenomenon. In this divided legal geography, pockets of non-compliance give the appearance of …
The Indigenous Peoples Of Bolivia's Amazon Basin Region And Ilo Convention No. 169: Real Rights Or Rhetoric?, Laurie Sargent
The Indigenous Peoples Of Bolivia's Amazon Basin Region And Ilo Convention No. 169: Real Rights Or Rhetoric?, Laurie Sargent
University of Miami Inter-American Law Review
No abstract provided.
Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson
Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson
University of Miami Inter-American Law Review
No abstract provided.
The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig
The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig
University of Miami Inter-American Law Review
No abstract provided.
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
Indiana Law Journal
No abstract provided.
Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez
University of Miami Inter-American Law Review
No abstract provided.
Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae
Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae
Washington International Law Journal
The discussions about urban growth boundaries in the United States have paid little attention to Korea's Greenbelt policy. Established in 1971, Seoul's massive Greenbelt has been rigidly maintained, although there have been some minor exceptions over the years. The liberalization of the Korean economy and the democratization of Korean society have been accompanied by deregulation in many spheres. However, land use planning remains tightly constrained, and there has only been minimal relaxation of the land laws; in fact, on balance they have become tougher. Some scholars have begun to question whether the Greenbelt might have restricted economic growth in Korea …
Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan
Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan
Washington International Law Journal
As urbanization accelerates and cities expand their role in the Chinese economy, expensive urban infrastructural facilities and financing have become major policy issues. Drawing on fieldwork in five cities in 1994 as well as national statistics, this Article analyzes the provision of urban infrastructure services and financing. As marketization proceeds, an overhaul of the urban public finance system, along with a redefinition of the role of local government in China, is urgently required.
"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman
"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman
Washington International Law Journal
This Article examines existing land use laws and proposed historic preservation-related legislation in Cambodia and offers a critical appraisal of their applicability and hopes for success. Cambodia is a small country that faces (and has faced) numerous political and economic difficulties. It possesses a rich architectural and archaeological heritage that is threatened by proposed land-use changes and future development. Initiated primarily by outsiders, principally planners and archaeologists from Europe and the United States, Cambodia's newly formulated land-use laws attempt to take irreplaceable cultural resources into account. However, plans such as those proposed by UNESCO and consultants to the government appear …
Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey
Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey
Washington International Law Journal
In Indonesia, diverse interests in land recognised by dozens, maybe hundreds, of different adat (traditional customary legal systems) coexist with a Dutch-derived system of land title. The most problematic adat interest is traditional communal title, or hak ulayat. Indonesia's New Order government sees adat rights—and hak ulayat in particular—as incompatible with the demands of economic development. Although some adat rights are recognised in the key statute regulating interests in land, the Basic Agrarian Law, the New Order government has systematically subverted the standing of adat. Likewise, the land registration system has become a corrupt failure, with the consequence …
Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan
Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan
Washington International Law Journal
The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …
Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King
Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King
Washington International Law Journal
The traditional homelands of the indigenous peoples of Siberia and the Russian Far East harbor vast wealth in the form of timber, minerals, oil, and gas. Throughout much of the 20th Century, the Soviet Union used forced relocation of native peoples, expropriation of native lands, and other harsh means to gain access to these resources. The native peoples received little or no compensation for the vast natural wealth that the Soviet government took from their lands, and the government often left the land so polluted that it could no longer support the native people's hunting and herding ways-of-life. The Russian …
A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson
A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson
Washington International Law Journal
Since 1978, China has achieved significant improvements in the rural sector through the adoption of the baogan daohu system, which effectively dismantled the communal farming system and created individual family farms. However, meaningful measures must be taken to ensure that farmers have continued use of their farmland and that illegal land reclamation by local govermnents is halted. Because farmers' rights are not clearly articulated and cannot be readily enforced, local governments appear to be beyond central government control. Furthermore, due to the state's right to reclaim land under any logic, farmers' rights may ultimately be nonexistent. Though developing a meaningful …
The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton
The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton
Washington International Law Journal
With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
Faculty Scholarship at Penn Carey Law
No abstract provided.