Comparative and Foreign Law Commons^™

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

All Faculty Scholarship

No abstract provided.

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber

All Faculty Scholarship

No abstract provided.

The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman

All Faculty Scholarship

This article traces the genesis of the Russian jury law of July 16, 1993, and places it in the context of the criminal justice reform movement that began during the perestroika period. This article analyzes and evaluates the Jury Law on the basis of the first Russian jury trials. The purpose of this article is to isolate certain problem areas and pose questions, which must be answered in the future.

Much of the material for this paper results from the author’s personal observation of eleven of the first fourteen jury trials and parts of four more trials. The author also …

Trial By Jury And The Constitutional Rights Of The Accused In Russia, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Russian criminal justice system’s transformation from the unjust Soviet system and the introduction of trial by jury. It specifically addresses the role of supplementary investigations in the new adversary procedure and the newly introduced privilege against self-incrimination. The author concludes that even though reforms have improved the Russian criminal justice system, elements of the Soviet system, such as supplementary investigations, remain, undermining the purpose of the new system.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

All Faculty Scholarship

No abstract provided.

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel

All Faculty Scholarship

No abstract provided.

Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber

All Faculty Scholarship

No abstract provided.

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

All Faculty Scholarship

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …

Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner

All Faculty Scholarship

Ob in Deutschland oder in den Vereinigten Staaten, der Sachverstaendige spielt haeufig eine entscheidende Rolle in einem Patentrechtsstreit. Die Erforschung der Tatsachen wie auch die Anwendung des Rechts erfordern oft ein technisches Verstaendnis, das nur ein Experte liefern kann. Das Problem, wie diese Informationen demjenigen, der das Urteil faellen muss, nahegebracht werden koennen, stellt sich in beiden Systemen gleichermassen. Allerdings sind die Rolle des Sachverstaendigen und die Art, wie diese Informationen uebertragen werden, hier und dort so verschieden, dass deutsche Juristen schwere Enttaeuschungen, wenn nicht sogar empfindliche Niederlagen befuerchten muessen, wenn sie ihre Vorstellungen und Erfahrungen auf den amerikanischen Prozess …

The Expert In U.S. And German Patent Litigation, James Maxeiner

All Faculty Scholarship

The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment …

1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner

All Faculty Scholarship

Shows how the key points Roscoe Pound made in his famous law reform address point to foreign law study for future reform.

Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber

All Faculty Scholarship

No abstract provided.

Law And The Abuse Of Economic Power In Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

All Faculty Scholarship

No abstract provided.

Criminal Justice Issues In Revolutionary Nicaragua, Stephen C. Thaman

All Faculty Scholarship

In this article, the author discusses his experiences traveling to Nicaragua in May 1985, as a part of a group of American lawyers and law professors invited by the Nicaraguan Association of Democratic Justice to consult on the judicial process, as well as a revolutionary struggle within the Nicaraguan institutions responsible for criminal justice. This article addresses current criminal procedure, special tribunals, and popular anti-Somocista tribunals. It also discusses a pilot project geared to improve criminal justice issues in Nicaragua.

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

All Faculty Scholarship

No abstract provided.

An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin

All Faculty Scholarship

No abstract provided.