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Articles 841 - 870 of 909
Full-Text Articles in Comparative and Foreign Law
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Cornell Law Faculty Publications
Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.
The German Duality Of State And Society, David Abraham
The German Duality Of State And Society, David Abraham
Cardozo Journal of International and Comparative Law
The article argues that the United States should consider supplementing its property-based negative rights regime with citizenship-based positive rights, drawing on the German constitutional model. It contends that negative rights, which focus on freedom from state interference, are insufficient in addressing systemic inequality and fostering meaningful participation in a democratic society. In contrast, Germany's constitutional framework, rooted in a communitarian ethos, emphasizes positive rights and duties, ensuring that rights are not only protected but also effectively realized through state action. This approach, the article suggests, offers a more equitable and inclusive vision of rights and citizenship.
The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna
The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna
Buffalo Journal of International Law
No abstract provided.
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
The German Duality Of State And Society, David Abraham
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Scholarly Works
No abstract provided.
On Humiliation, Jeremy Waldron
On Humiliation, Jeremy Waldron
Michigan Law Review
A Review of Humiliation, and Other Essays on Honor, Social Discomfort, and Violence by William Ian Miller
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
UIC Law Review
No abstract provided.
Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner
UIC Law Review
No abstract provided.
Free Speech And The Mass Media In Russia: Lessons From The December 1993 Election And Constitutional Referendum, Melissa Dawson
Free Speech And The Mass Media In Russia: Lessons From The December 1993 Election And Constitutional Referendum, Melissa Dawson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When Body Is Soul: The Proposed Japanese Bill On Organ Transplantations From Brain-Dead Donors, David Forster
When Body Is Soul: The Proposed Japanese Bill On Organ Transplantations From Brain-Dead Donors, David Forster
Washington International Law Journal
Organ transplantations from brain-dead donors have been de facto prohibited in Japan since 1968. Buddhism, Shintoism, the Japanese concept of personhood, Japanese medical and hospital practices, the police, and the Patient's Rights Conference have all contributed to this situation. However, consensus has been growing in Japanese society and government that these operations should be legalized. The Diet began considering a proposed bill to this end on April 12, 1994. This comment argues that the bill ought to be passed. If passed, this bill will save the lives of many Japanese, it will end the difficulties Japanese currently encounter going overseas …
Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl
Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl
Scholarly Articles
This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Scholarly Articles
In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.
Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma
Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma
LLM Theses and Essays
A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …
Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd
Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd
WBIP Creation Up To 1993
No abstract provided.
Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad
Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad
WBIP Creation Up To 1993
No abstract provided.
Nov. 1993, Eurodad, Third World Debt In The 1900s, Eurodad
Nov. 1993, Eurodad, Third World Debt In The 1900s, Eurodad
WBIP Creation Up To 1993
No abstract provided.
Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston
Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston
WBIP Creation Up To 1993
No abstract provided.
Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd
Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd
WBIP Creation Up To 1993
No abstract provided.
September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson
September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson
WBIP Creation Up To 1993
No abstract provided.
Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow
Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow
WBIP Creation Up To 1993
No abstract provided.
Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve The Efficacy Of The Mdbs, Daniel Bradlow
Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve The Efficacy Of The Mdbs, Daniel Bradlow
WBIP Creation Up To 1993
No abstract provided.
Sept. 16, 1993, T. Thahane, Vp & Secretary, Summary Of Discussion Of Aug 26 And 27 Mtg Of The Whole, T. Thahane
Sept. 16, 1993, T. Thahane, Vp & Secretary, Summary Of Discussion Of Aug 26 And 27 Mtg Of The Whole, T. Thahane
WBIP Creation Up To 1993
No abstract provided.
Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd
Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd
WBIP Creation Up To 1993
No abstract provided.
August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard
August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard
WBIP Creation Up To 1993
No abstract provided.
August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd
August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd
WBIP Creation Up To 1993
No abstract provided.
Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd
Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd
WBIP Creation Up To 1993
No abstract provided.
Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank
Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank
WBIP Creation Up To 1993
This document includes the April 6 Board Paper prepared by IPR staff and entitled “Function and operations of an Inspection Function.” Also included with the Board Paper is the Draft Resolution dated August 6, prepared by the General Counsel Ibrahim Shihata. These documents were prepared for discussion at the August 26 Board meeting. These papers reflected Board comments made at the July 9 meeting on the June 10 options paper, Operations Inspection in the Bank: Issues and Options, In light of those comments, the cover memo highlights that in this version: The Objectives of, and rationale for, the inspection have …
Aug. 5, 1993, T. Thahane, Vp & Secretary, Summary Of Discussion Of July 9 Informal Mtg, Operations Inspection, Issues And Options, T. Thahane
WBIP Creation Up To 1993
No abstract provided.