Law Commons^™

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

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Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

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Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

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No abstract provided.

Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White

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This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.

The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the federalism movement …

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

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This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.

Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker

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This essay was written under contract with the United Nations to serve as background for my testimony as an expert witness in behalf of Hassen Ngeze in his prosecution before the International Criminal Tribunal for Rwanda. (On motion of the prosecutor, the Court excluded this essay - or report - and the offer of my testimony.) In the Prosecutor v. Ngeze, the prosecution charged Ngeze with direct and public incitement to genocide and conspiracy to commit genocide almost entirely on the basis of his publication of a newspaper, Kangura one of many newspapers being published in Rwanda during the period …

Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes

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Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …

Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner

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This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of …

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

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No abstract provided.

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

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Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

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Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

The Bush Administration's Response To The International Criminal Court, Jean Galbraith

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No abstract provided.

Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman

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This article briefly describes the history of jury courts and lay participation in various countries, and the inter-related political and procedural reasons for introducing lay participation. It specifically focuses on the introduction of lay participation in application to Japan’s new mixed court system.

Can Majority Voting Provisions Do It All?, David A. Skeel Jr.

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No abstract provided.

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

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No abstract provided.