Comparative and Foreign Law Commons^™

Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson

Washington and Lee Law Review

No abstract provided.

Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum

Washington and Lee Law Review

No abstract provided.

The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca

Washington and Lee Law Review

No abstract provided.

Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller

Washington and Lee Law Review

No abstract provided.

Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost

Scholarly Articles

This article describes how other countries organize and finance their health care systems, and how the performance of those health care systems compares with that of the United States. It also examines why the United States, unlike all other developed countries, has failed to provide universal access to health care services.

The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Comparative And International Health Law, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost

Scholarly Articles

Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …

The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner

Scholarly Articles

None available.

Economics V. Equity Ii: The European Experience, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.

Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost

Scholarly Articles

In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.

In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …

Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner

Scholarly Articles

None available.

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.

Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner

Scholarly Articles

None available.

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

Scholarly Articles

Within the context of NAFTA, understanding the legal structure of other signatories requires familiarity with both common law and civil law. Although a fairly large number of civilian lawyers attend LL.M. programs in the United States, few American lawyers learn the civil law, especially the civil law of Mexico and Mexico's Latin American counterparts. Surprisingly, American and Canadian law schools have paid little attention to preparing graduates for the type of transnational legal practice that will arise under NAFTA.A lack of preparedness at the graduate college level has invariably led to “a lack of knowledge on the United States side …

Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig

Scholarly Articles

Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …

A Response To Mathias Reimann: More, More, More But Real Comparative Law, Nora V. Demleitner

Scholarly Articles

None available.

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

The General Agreement: From Tariffs And Trade To Sustainable Development, Mark Anthony Drumbl

Scholarly Articles

In order to deal adequately with the immense environmental problems we face, it is not sufficient to clean up past mistakes. We must also restructure traditional trade practices to curtail future environmental harms. This article is an attempt to offer ideas as to how such a restructuring could take place.

Environmental degradation is increasingly becoming an issue of global security. Water depletion, air pollution, deforestation, soil erosion, and the possibility of rising sea levels in overcrowded regions are all phenomena that may prompt mass migrations. This, in turn, might incite group conflicts. In this regard, environmentally related issues could constitute …

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 …

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl

Scholarly Articles

Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …

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.

La Liberté D'Expression Et La Dignité De La Personne Devant La Cour Suprême Du Canada, Mark A. Drumbl, Ian Lee, Martha Rafuse

Scholarly Articles

Although the principle of human dignity is not expressly recognized in the Canadian Charter of Rights and Freedoms, it cannot be denied that it is an important value which underlies many of the rights and liberties which receive explicit constitutional protection. In this article, the authors examine the manner in which the courts, and in particular the Supreme Court of Canada, have taken this fundamental value into consideration when determining the limits that may be imposed on freedom of expression. The authors suggest that the court's jurisprudence does not reveal a coherent approach to the resolution of conflicts which arise …

Illiteracy, Disempowerment And Injustice: How The Ontario Human Rights Code Can Protect Persons With Low Literacy Skills, Mark Anthony Drumbl

Scholarly Articles

For too long individuals with low literacy skills have been viewed as "illiterates" living on the margins of society, unable to function as well as their "literate" counterparts. In reality, the one third of all Canadians who have weak literacy skills perform vital roles in society and deserve not to be discriminated against in political employment and contractual situations.

Accordingly, the author suggests that discrimination against individuals with low literacy skills be prohibited by the creation of a new ground in the Ontario Human Rights Code entitled "lack of proficiency in English or French". The author canvasses the ability of …

Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

Scholarly Articles

Not available.

The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii

Washington and Lee Law Review

No abstract provided.

Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder

Washington and Lee Law Review

No abstract provided.

Labor Relations Law In The United States From A Comparative Perspective*, Benjamin Aaron

Washington and Lee Law Review

No abstract provided.

Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.