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Articles 91 - 120 of 147

Full-Text Articles in Comparative and Foreign Law

Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman Jan 2003

Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman

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This article briefly describes the history of jury courts and lay participation in various countries, and the inter-related political and procedural reasons for introducing lay participation. It specifically focuses on the introduction of lay participation in application to Japan’s new mixed court system.

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Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber Jan 2002

Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber

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No abstract provided.

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The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman Jan 2002

The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman

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This introduction to the special jury issue of Saint Louis University’s Public Law Review briefly discusses the Conference “Lay Participation in the Criminal Trial in the Twenty-First Century,” in which all of the contributors to this issue participated. The conference took place at the International Institute for Higher Studies in the Criminal Sciences in Siracusa, Italy from May 25-29, 1999. It also discusses select papers and perspectives on the American jury system published in this issue of the journal.

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Official Privilege: State Security And The Right To A Fair Trial In The Usa, Stephen C. Thaman Jan 2002

Official Privilege: State Security And The Right To A Fair Trial In The Usa, Stephen C. Thaman

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The emphasis of this paper is on the effect of the state claiming a privilege of national security in a criminal case, either to: (1) prevent the defendant from gaining discovery of classified information which could be important in defending against the criminal charges; or (2) prevent the defendant from introducing classified evidence in his/her own defense, access to which has usually been gained by virtue of the defendant’s own activity with the intelligence services (CIA, FBI) or other police agencies. The state often claims national security in situations where the state itself is either dealing with criminals or using …

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Book Review. Courts And Transition In Russia: The Challenge Of Judicial Reform, By Peter H. Solomon, Jr. And Todd S. Foglesong, Stephen C. Thaman Jan 2002

Book Review. Courts And Transition In Russia: The Challenge Of Judicial Reform, By Peter H. Solomon, Jr. And Todd S. Foglesong, Stephen C. Thaman

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This is a book review applauding Peter H. Solomon and Todd S. Foglesong’s book Courts and Transition in Russia: The Challenge of Judicial Reform, written by Professor Stephen C. Thaman. Professor Thaman provides his thoughts on the possibility of Russian reform success.

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Latin America's First Modern System Of Lay Participation: The Reform Of Inquisitorial Justice In Venezuela, Stephen C. Thaman Jan 2002

Latin America's First Modern System Of Lay Participation: The Reform Of Inquisitorial Justice In Venezuela, Stephen C. Thaman

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This article describes the new Venezuelan jury and mixed court systems that were introduced by Codigo Organico Procesal Penal in 1998, in the context of the code’s radical transition to accusatorial and adversarial procedure.

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Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber Jan 2001

Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber

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No abstract provided.

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Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber Jan 2001

Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber

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No abstract provided.

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Modernizing European Competition Law: A Developmental Perspective, David J. Gerber Jan 2001

Modernizing European Competition Law: A Developmental Perspective, David J. Gerber

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No abstract provided.

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Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber Jan 2001

Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber

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No abstract provided.

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El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán Jan 2001

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

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No abstract provided.

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Miranda In Comparative Law, Stephen C. Thaman Jan 2001

Miranda In Comparative Law, Stephen C. Thaman

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Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …

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Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman Jan 2001

Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman

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This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.

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Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman Jan 2001

Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman

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This article addresses the question of fact and law in Russian jury trials, specifically the practice of the Cassational Courts under the jury laws of 1864 and 1993. It discusses the general structure of the question lists, what the jury’s finding of guilt actually entails, if mental state and aggravating circumstances are questions of law or fact, and the question of jury nullification. It also provides an assessment of the jurisprudence of the Cassational Panel of the Supreme Court of the Russian Federation.

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The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene Feb 2000

The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene

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The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …

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The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman Jan 2000

The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman

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This article discusses the division of labor between the judge and the jury in rendering judgment, and the separation of law and fact historically and currently, focusing on Spain and Russia. Both Russia and Spain rejected the Anglo-American general verdict of “guilty” or “not-guilty” in favor of a list of questions or propositions presented to the jury during their criminal procedure reforms of the 1990’s. This article also delves into the jury deliberation, verdict, and judgment process of the two countries.

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Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman Jan 2000

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

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This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.

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Europe And The Globalization Of Antitrust Law, David J. Gerber Jan 1999

Europe And The Globalization Of Antitrust Law, David J. Gerber

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No abstract provided.

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The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber Jan 1999

The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber

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No abstract provided.

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System Dynamics: Toward A Language Of Comparative Law, David J. Gerber Jan 1998

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

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No abstract provided.

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Spain Returns To Trial By Jury, Stephen C. Thaman Jan 1998

Spain Returns To Trial By Jury, Stephen C. Thaman

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In 1995, the Spanish Parliament reenacted trial by jury in criminal cases by implementing a mandate of the 1978 post Franco Spanish Constitution. This article discusses the 17 year dispute, following the ratification of the democratic post-Franco Spanish Constitution, on whether Article 25 mandated the reintroduction of lay participation in the criminal trial, and, if so, whether in the form of the classic jury or a continental European style court with lay assessors. This article analyzes the Law on Trial by Jury and its implementation in the first year of trials, and references Spain’s experience with trial by jury in …

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The Jury Returns To Continental Europe: Russia And Spain Return To The Classic Jury As A Catalyst In A Move To A More Adversary Form Of Criminal Trial, Stephen C. Thaman Jan 1998

The Jury Returns To Continental Europe: Russia And Spain Return To The Classic Jury As A Catalyst In A Move To A More Adversary Form Of Criminal Trial, Stephen C. Thaman

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This paper briefly compares the provisions of the Russian Jury Law of 1993 and the Spanish Jury Law of 1995 and their application in the first trials, with special attention to the effect of the re-injection of a classic jury. Citations in regard to Russia rely on the author’s exhaustive study of the legislative history of the new Russian Jury Law, its provisions, and its application in the first 114 trials in the years 1993-1994. The Spanish discussion relies on information gathered by the author on the first trials held in Spain since the law went into effect, and delves …

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U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner Jan 1998

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

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The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

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Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner Jan 1997

Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner

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Address the problem of comparative law in the United States. Explains why comparative law matters. Gives reasons why U.S. lawyers are not learning from comparative law. These include lack of skills, lack of institutional supports, and legal structures that resist comparative law and an attitude that comparative law has little to teach.

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Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman Jan 1997

Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman

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This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain.

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The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman Jan 1997

The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman

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This paper focuses on the dialectic between the search for truth, adversarial procedure, and lay participation in the preparation, presentation, and evaluation of evidence in criminal trials. Its primary focus is on the reintroduction of trial by jury in two classic inquisitorial criminal justice systems, Russia (1993) and Spain (1995), as a catalyst in those countries’ move to adversary procedure. It focuses on the effect of the jury system on preparing evidence for trial, the presentation of evidence at trial, and the evaluation of evidence.

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International Trade And Competition Law In Japan, David J. Gerber Jan 1996

International Trade And Competition Law In Japan, David J. Gerber

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No abstract provided.

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Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman Jan 1996

Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman

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This article discusses recent efforts to reform the Russian bar and procuracy, the institutions’ responses, and the problem of criminal procedure reform as it relates to them.

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Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman Jan 1996

Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman

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This article briefly discusses the history of the jury trial in the Soviet Union and the recent reform reinstating trial by jury in Russia. It focuses on specific case studies regarding Russian jury trials under the new system. The author personally observed many of the first jury trials from December 1993 to October 1994 and comprehensively studied the Russian jury reform through observations, interviews with judges and lawyers, and review of case files.

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Freedom Of Information And The Eu Data Protection Directive, James Maxeiner Oct 1995

Freedom Of Information And The Eu Data Protection Directive, James Maxeiner

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The EU Data Protection Directive attempts to balance protection of privacy and freedom of information acquisition. It does this by authorizing Member States to provide exemptions and derogations in their individual legislation.

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