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Articles 91 - 120 of 122

Full-Text Articles in Comparative and Foreign Law

The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr. Jan 2004

The Advantages Of The Civil Law Judiciary As The Model For Emerging Legal Systems, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Continuing Fictions Of Latin American Law, Jorge L. Esquirol Jan 2003

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.


Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie Jan 2003

Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.


Hans Kelsen And The Logic Of Legal Systems, Michael S. Green Jan 2003

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.


Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham Jan 2002

Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham

Faculty Publications

This article describes the development of the competing regulatory bodies for banking, insurance, securities and derivatives. It then focuses on the regulatory roles of the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC"). The competition between those two agencies and its effects are described. After that review, the article examines the roles of the FSA-GB and FSA-Japan. Finally, the article discusses the arguments favoring and disfavoring competitive regulation and tries to discern whether a unified regulatory structure such as that in Japan and England is preferable to the competitive approach of the SEC and CFTC. The …


Chinese Mortgage Law: An American Perspective, Dale A. Whitman Jan 2001

Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Faculty Publications

My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.


Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf Jan 2000

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

Faculty Publications

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.


Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs Jan 1999

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone Jan 1998

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Faculty Publications

No abstract provided.


Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong Oct 1997

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Publications

The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …


Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao Jul 1997

Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao

Faculty Publications

No abstract provided.


Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz Jan 1997

Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz

Faculty Publications

No abstract provided.


The Fictions Of Latin American Law(Part I), Jorge L. Esquirol Jan 1997

The Fictions Of Latin American Law(Part I), Jorge L. Esquirol

Faculty Publications

No abstract provided.


Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson Jan 1996

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …


Towards A Payments System Law For Developing And Transition Economies, Raj Bhala Sep 1995

Towards A Payments System Law For Developing And Transition Economies, Raj Bhala

Faculty Publications

This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally, …


Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart Jan 1995

Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart

Faculty Publications

Introduction to Thomas J. Klitgarrd's "Context for the Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments."


Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala Jan 1994

Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala

Faculty Publications

Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …


Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie Oct 1992

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.


Foreword: O Canada, William W. Van Alstyne Jan 1992

Foreword: O Canada, William W. Van Alstyne

Faculty Publications

This forward, written ten years after the adoption of the Constitution of Canada, draws sharp comparisons between Canada’s constitution and the United States’ original governing document, the Articles of Confederation.


Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer Jan 1987

Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer

Faculty Publications

No abstract provided.


The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer Oct 1985

The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer

Faculty Publications

No abstract provided.


The Origins Of Property In England, Robert C. Palmer Apr 1985

The Origins Of Property In England, Robert C. Palmer

Faculty Publications

No abstract provided.


Jurisdiction And The Japanese Defendant, Robert Peterson Jan 1985

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.


Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack Oct 1953

Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack

Faculty Publications

No abstract provided.


Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack Jul 1953

Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack

Faculty Publications

No abstract provided.


Book Review Of The Government Of Labor Relations In Sweden, Theodore S. Cox Dec 1942

Book Review Of The Government Of Labor Relations In Sweden, Theodore S. Cox

Faculty Publications

No abstract provided.


Mexican Mercantile Organizations Under The New Law, Joseph M. Cormack, Frederick F. Barker Jan 1935

Mexican Mercantile Organizations Under The New Law, Joseph M. Cormack, Frederick F. Barker

Faculty Publications

No abstract provided.


Mexican Civil Organizations Under The New Code, Joseph M. Cormack, Frederick F. Barker Jan 1934

Mexican Civil Organizations Under The New Code, Joseph M. Cormack, Frederick F. Barker

Faculty Publications

No abstract provided.


The Mexican Labor Law, Joseph M. Cormack, Frederick F. Barker Jan 1934

The Mexican Labor Law, Joseph M. Cormack, Frederick F. Barker

Faculty Publications

No abstract provided.


The Mexican Law Of Business Organizations, Joseph M. Cormack, Frederick F. Barker Jan 1933

The Mexican Law Of Business Organizations, Joseph M. Cormack, Frederick F. Barker

Faculty Publications

No abstract provided.