Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Courts

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1051 - 1080 of 1175

Full-Text Articles in Comparative and Foreign Law

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

Go to article

One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs Dec 2000

One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs

Washington International Law Journal

The Ng Ka Ling decision by the Hong Kong Court of Final Appeals and its reversal by the Standing Committee of China's National People's Congress, raise serious concerns regarding the adequacy of judicial review and the protection of the rule of law in the new special administrative regions under China's "One Country, Two Systems" approach. Judicial review lies at the forefront of this controversy because it largely delineates the contours of local autonomy and the extent to which those who experience legal violations will have remedies. This Comment explores the roots of the conflict in Hong Kong and examines whether …

Go to article

Primus Inter Pares: Is The Singapore Judiciary First Among Equals?, Karen Blőchlinger Sep 2000

Primus Inter Pares: Is The Singapore Judiciary First Among Equals?, Karen Blőchlinger

Washington International Law Journal

Chief Justice Yong Pung How has implemented many changes in the Singapore judicial system since his appointment to the post in 1990. The reforms have concentrated on active case management, providing mediation as an alternative mechanism to resolve disputes, and implementing information technology in the courtroom. One of the results of these reforms is that the backlog of cases has been eliminated and the judicial system has become dramatically more efficient. However, an increased efficiency in judicial administration cannot be justified if it is attained at the expense of restricting access to justice. This Comment reviews the judicial reforms in …

Go to article

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone Jul 2000

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone

Articles

The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.

Go to article

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

Go to article

Comment: Remarks On Michelman And Breyer, Shlomo Avineri Feb 2000

Comment: Remarks On Michelman And Breyer, Shlomo Avineri

Cardozo Law Review

No abstract provided.

Go to article

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt Jan 2000

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt

UIC Law Review

No abstract provided.

Go to article

The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson Jan 2000

The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson

UIC Law Review

No abstract provided.

Go to article

Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo Sep 1999

Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo

Washington International Law Journal

The last twenty years of Chinese legal reforms have been particularly interesting to scholars and activists alike. During this period, Chinese legal reforms have moved from purely substantive changes in economic laws to the realm of domestic structural reforms of the court system. Today, legal reformers are discussing the use of open trials, adversarial advocacy, and even judicial independence. This Article explores how far some of these reforms may go by considering the path of structural and procedural changes adopted by the Chinese courts in the past twenty years. It includes an analysis of the tension faced by all legal …

Go to article

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith Jan 1999

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.

Go to article

Foundations For 15(1): Equality Rights In Canada, Martha A. Mccarthy, Joanna L. Radbord Jan 1999

Foundations For 15(1): Equality Rights In Canada, Martha A. Mccarthy, Joanna L. Radbord

Michigan Journal of Gender & Law

The paper discusses a selection of important cases under section 15 of the Canadian Charter of Rights and Freedoms. It traces the development of equality jurisprudence from the introduction of section 15 to early approaches in Andrews, Hess, Weatherall, Symes, and McKinney. This review illustrates the persistence of formal equality analysis and the threats of biology, morality, and tradition to the realization of substantive equality. The May 25, 1995, trilogy of Egan, Miron, and Thibaudeau is critiqued in detail. Finally, we turn to more recent jurisprudence and offer a brief discussion of M. v. H.

Go to article

Literary Formalism, Legal Formalism, Jeffrey Malkan Mar 1998

Literary Formalism, Legal Formalism, Jeffrey Malkan

Cardozo Law Review

No abstract provided.

Go to article

Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan Jan 1998

Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin Jan 1998

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin

UIC Law Review

No abstract provided.

Go to article

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan Jan 1998

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

Go to article

Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham Jan 1997

Cultivating A Seedling Charter: South Africa's Court Grows Its Constitution, Margaret A. Burnham

Michigan Journal of Race and Law

As South Africa emerges from the vestiges of apartheid, its Constitutional Court struggles to develop a jurisprudence that reflects the lasting ideals of a constitutional democracy. This Article examines the Court's use of international and foreign law in developing a unique form of constitutional jurisprudence. It argues that the Constitutional Court is in the process of developing an innovative form of decision-making that effectively combines domestically derived principles of justice with those developed in the international forum. This Article concludes that reliable methods of adjudication are firmly entrenched in the South African legal system and that its constitutional jurisprudence should …

Go to article

Translating & Interpreting Foreign Statutes, Andrew N. Adler Jan 1997

Translating & Interpreting Foreign Statutes, Andrew N. Adler

Michigan Journal of International Law

This article aspires to address academics and anyone who must translate or interpret foreign statutes without previous in-depth education in the alien language and law. To make matters more interesting, the author concentrates on the plight of the minority of judges who want to arrive at independently reasoned interpretations of foreign law when given the opportunity. Most judges strive mightily to avoid even having to glance at foreign laws. And, when it becomes absolutely necessary to read a foreign code, most judges and litigators retain the centuries-old habit of relying too slavishly on tendentious expert testimony. Furthermore, while most states …

Go to article

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda Jan 1997

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …

Go to article

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi Jan 1997

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …

Go to article

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu Jan 1997

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …

Go to article

Toward A South African Administrative Justice Act, Michael Asimow Jan 1997

Toward A South African Administrative Justice Act, Michael Asimow

Michigan Journal of Race and Law

Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.

Go to article

Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke Jan 1996

Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke

Michigan Journal of Gender & Law

This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.

Go to article

Toward The Abolition Of The Death Penalty, Shigemitsu Dando Jan 1996

Toward The Abolition Of The Death Penalty, Shigemitsu Dando

Indiana Law Journal

This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.

Go to article

Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek Jan 1996

Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek

Michigan Journal of International Law

To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …

Go to article

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson Jan 1996

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Michigan Journal of International Law

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.

Go to article

Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.

Go to article

The Journey Into Activism, Bernhard Schlink Dec 1995

The Journey Into Activism, Bernhard Schlink

Cardozo Law Review

In Anna Karenina, Leo Tolstoy teaches us that all happy families are alike and only unhappy families are different. It is the same with courts that engage in constitutional review. All happy constitutional courts, that is, all happily activist constitutional courts are alike and only those that do not play an activist role are different.

Go to article

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim Jan 1995

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.

Go to article

Constructing A New Political Process: The Hegemonic Presidency And The Legislature, 28 J. Marshall L. Rev. 787 (1995), John P. Willerton, Alexsei A. Shulus Jan 1995

Constructing A New Political Process: The Hegemonic Presidency And The Legislature, 28 J. Marshall L. Rev. 787 (1995), John P. Willerton, Alexsei A. Shulus

UIC Law Review

No abstract provided.

Go to article

From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean Jan 1995

From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean

Cardozo Journal of Equal Rights & Social Justice

The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.

Go to article

First Prev Next Last