Comparative and Foreign Law Commons^™

Freedom Of Expression In England And The United States: A Comparative Study, With Particular Reference To Restrictions Imposed By Means Of Prior Restraint, Peter G. Shears

LLM Theses and Essays

Freedom of expression is both a basic right and a basic need in all democratic societies. Without it, democracy itself cannot function. This is a comparative study. The protection, or more often the restriction, of freedom of expression in England before the American Revolution is considered first. Then two chapters outline the development and extent of freedom of expression, first in America, then in England, from 1776 up to the present day. There follows a direct comparison in two separate areas: the Fair Trial-Free Press tension which exists between the interests of those involved in judicial proceedings, and their rights …

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

LLM Theses and Essays

This paper will outline, discuss and suggest changes in various provisions of the Income Tax Act, 1961, applying to foreign investments. Chapter II of this paper explores the general underlying principles of the Indian tax system. Chapter III discusses the tax liability of foreign personnel in India and special tax incentives granted to foreign technicians. Chapter IV discusses the system of corporate taxation or “resident” and non-resident” companies and tax liability of foreign collaborators. Special attention is paid to the liability arising out of various trading activities of non-resident companies in India and many problems of judicial determination relating to …

The Mixed Courts Of Egypt: A Study Of The Use Of Natural Law And Equity, Gabriel M. Wilner

Scholarly Works

The system of Mixed Courts in Egypt was an unusual institution. It represented an international solution in the context of what was obviously a colonial situation. The system lasted 74 years from 1876 to 1949. A system of law was established whose sources were general codes created especially for use by the Mixed Courts. The Charter of the Mixed Courts specified two residual sources of law. It is these sources and their application upon which this paper is principally focused. Article 34 reads: "The new Courts, in the exercise of their jurisdiction in civil and commercial matters, and within the …

Emptio, "Taking", Alan Watson

Scholarly Works

According to Festus, "Emere, quod nunc est mer cari, antiqui acdpiebant pro sumere" and modern philologists do accept some such meaning as the original in Latin.)

The Thesaurus Linguae Latinae) however, thinks there is no certain example of this sense of emere and considers the instances adduced by Skutsch) to be scarcely convincing. I should like to produce for consideration a different instance drawn from the derivative emptio or emptor. The instance in question may not take us as far back as emere = sumere but will at least to emere = accipere.

Emptio, "Taking", Alan Watson

Scholarly Works

According to Festus, "Emere, quod nunc est mer cari, antiqui acdpiebant pro sumere" and modern philologists do accept some such meaning as the original in Latin. The Thesaurus Linguae Latinae however, thinks there is no certain example of this sense of emere and considers the instances adduced by Skutsch to be scarcely convincing. I should like to produce for consideration a different instance drawn from the derivative emptio or emptor. The instance in question may not take us as far back as emere = sumere but will at least to emere = accipere. Roman legal tradition tells us that the …

The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson

Scholarly Works

In an earlier study, I examined the private law in the rescripts of Carus and his two sons, the Emperors who ruled from 282 to 284, immediately before the accession of Diocletian, and found as the main conclusion that, despite everything, the quality of legal decision had remained reasonably high. This paper considers the four rescripts that survive from the troubled reign of the preceding Emperor, Probus. None contains a great legal innovation; none shows a drastic lowering of legal standards. Their importance lies in what they reveal about general matters. Despite the enormous military and economic problems of the …

"Criminal Records"--A Comparative Approach, Sigmund A. Cohn

Scholarly Works

There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …

Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr.

Scholarly Works

The purpose of this article is to provide a framework for the comparative and critical examination of the West German Statute Concerning the Distribution of Foreign Investment Shares and the Taxation of their Proceeds of 28 July 1969 and the OECD Standard Rules. The reference point for this framework is the United States Investment Company Act of 1940 which is not only the most pervasive of the regulatory schemes affective collective investment institutions but also undoubtedly the scheme most familiar to most readers. This article will identify a number of the areas in which the American experience with the Investment …

Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn

Scholarly Works

The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …

An Unprincipled Decision On A Will, Alan Watson

Scholarly Works

In this article Professor Alan Watson reviews the decision of Alfenus from Ancient Rome (D.28.5.45 Alfenus 5 dig).

Common Problems And Uncommon Solutions In The Law Of Tort: A Comparative Study, Ferdinand F. Stone

Georgia Law Review

Let us begin with a problem which, as Alice might remind us, comes at the beginning, namely, when does the right to life begin? Is it at conception? Or at the quickening? Or at birth, or only after the child has lived for a certain period of time, thus demonstrating its intention to take living seriously? It is understandable that to primitive legal systems, the answer was clear: human life and legal personality begin only at birth, when there was present a demonstrable human being which the law could recognize and protect.

As is well known, the rest of the …

The Scottish Law Commission, Lord Kilbrandon

Georgia Law Review

It is interesting to look back now on the reaction of the people of Great Britain, and especially of the legal profession in Great Britain, to the laying before Parliament of the Law Commissions Bill in 1965, and on the controversies and debates which were heard on every side during the passage of that Bill into law. It was especially interesting to me in 1966 to have the opportunity of discussing this legislation with audiences in the United States of America and in Canada, because I do not think that the proposals which were contained in the Bill would have …