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Articles 2341 - 2370 of 2391
Full-Text Articles in Comparative and Foreign Law
The "Right Of Silence" In Japanese Law, B. J. George, Jr.
The "Right Of Silence" In Japanese Law, B. J. George, Jr.
Washington Law Review
The concept of a right of silence, particularly in the case of an accused person, was totally unknown in traditional Japanese law. Tokugawa procedure made no clear-cut distinction between civil and criminal or judicial and administrative proceedings; those embroiled in disputes were expected, indeed required, to make full revelation of everything which bore on the propriety of their activity. In what today would be a criminal proceeding, the defendant was expected to respond to questioning; and he could be tortured until he made the requisite statement. During the first decade or two of the Meiji period (1868-1912) some changes were …
Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson
Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson
Washington Law Review
Some writers find a reflection of the due process clauses of the fifth and fourteenth amendments of the United States Constitution in Article 31 of the 1946 Japanese Constitution. Article 31 provides: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." Obviously there are disparities as well as similarities between this article and the American due process clauses. Since the Japanese Constitution was framed under the direction of the Supreme Command Allied Powers (SCAP), during the allied occupation, the similarities are not surprising. Many of …
The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer
The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer
Washington Law Review
This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review (1956 - )
No abstract provided.
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Washington Law Review
No abstract provided.
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Washington Law Review
No abstract provided.
Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.
Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.
Journal of Legal Education
No abstract provided.
Constitutional And Foreign Relations Law: An Experiment With Constitutional Law And International Law At Buffalo, Wade J. Newhouse
Constitutional And Foreign Relations Law: An Experiment With Constitutional Law And International Law At Buffalo, Wade J. Newhouse
Journal of Legal Education
No abstract provided.
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
Federalism And The Administration Of Criminal Justice: The Treatment Of Obscenity In The United States, Canada And Australia, Bernard Green
Federalism And The Administration Of Criminal Justice: The Treatment Of Obscenity In The United States, Canada And Australia, Bernard Green
Kentucky Law Journal
No abstract provided.
Obscenity And The Japanese Constitution, Yasuo Tokikuni
Obscenity And The Japanese Constitution, Yasuo Tokikuni
Kentucky Law Journal
No abstract provided.
Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.
Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.
Powell Speeches
No abstract provided.
Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein
Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein
Journal of Legal Education
No abstract provided.
Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda
Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda
Journal of Legal Education
No abstract provided.
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Book Reviews, Dale F. Stansbury, Malcolm P. Sharp, Arthur T. Von Mehren, John S. Bradway, James D. Ghiardi, Thomas H. Eliot, Julius Paul, W. Howard Mann
Book Reviews, Dale F. Stansbury, Malcolm P. Sharp, Arthur T. Von Mehren, John S. Bradway, James D. Ghiardi, Thomas H. Eliot, Julius Paul, W. Howard Mann
Journal of Legal Education
No abstract provided.
Israel's Emerging Constitution, By Emanuel Rackman, Arnold J. Miller
Israel's Emerging Constitution, By Emanuel Rackman, Arnold J. Miller
Indiana Law Journal
No abstract provided.
The German Federal Constitutional Court And The Communist Party Decision, Edward Mcwinney
The German Federal Constitutional Court And The Communist Party Decision, Edward Mcwinney
Indiana Law Journal
No abstract provided.
The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos
The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos
Indiana Law Journal
No abstract provided.
Book Reviews, Arthur M. Sammis, Michael H. Cardozo, George T. Frampton, Percy Bordwell, S. E. Thorne, Herbert A. Kuvin, W. Bryan Bolich, Joseph Dainow, Robert B. Looper
Book Reviews, Arthur M. Sammis, Michael H. Cardozo, George T. Frampton, Percy Bordwell, S. E. Thorne, Herbert A. Kuvin, W. Bryan Bolich, Joseph Dainow, Robert B. Looper
Journal of Legal Education
No abstract provided.
A Comparison Of The Constitutions Of Australia And The United States, Zelman Cowan
A Comparison Of The Constitutions Of Australia And The United States, Zelman Cowan
Buffalo Law Review
Delivered as one of the 1954 James McCormick Mitchell Lectures.
The New Constitution Of Poland, Wencelas J. Wagner
The New Constitution Of Poland, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes
Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes
Journal of Legal Education
No abstract provided.
English Constitutional History, By S.B. Chrimes, John J. Murray
English Constitutional History, By S.B. Chrimes, John J. Murray
Indiana Law Journal
No abstract provided.
The Constitution Of The Union Of Burma, Benegal Narsing Rau
The Constitution Of The Union Of Burma, Benegal Narsing Rau
Washington Law Review
The Constitution of Burma, which came into force on January 4, 1948, has many features of great interest to the constitution-maker. In form and content, in magnanimous treatment of special regions and racial groups, and in speed of enactment, it provides an example well worth our attention at the present time. The writer of this article had the honour of being associated closely with the framers of the Constitution at almost every stage.
The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume
The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume
Michigan Law Review
In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …
Dicey's Law Of The Constitution: A Review, William A. Robson
Dicey's Law Of The Constitution: A Review, William A. Robson
Michigan Law Review
The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …
A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell
A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell
James Goold Cutler Lecture
No abstract provided.
The Federal Control Of State Employees In Australia, Eric Armour Beecroft
The Federal Control Of State Employees In Australia, Eric Armour Beecroft
West Virginia Law Review
No abstract provided.
The Control Of Industry In A Federal System: A Chapter In Australian Constitutional Development, Eric Armour Beecroft
The Control Of Industry In A Federal System: A Chapter In Australian Constitutional Development, Eric Armour Beecroft
West Virginia Law Review
No abstract provided.