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Articles 1 - 30 of 228
Full-Text Articles in Comparative and Foreign Law
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Faculty Scholarship
No abstract provided.
The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis
The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis
Cardozo Law Review
The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …
The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian
The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian
Cardozo Law Review
One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
BYU Law Review
No abstract provided.
Render To Caesar The Things That Are Caesar's, And To God The Things That Are God's": Conscientious Objection In The Russian Federation, Eric H. Anderson
Render To Caesar The Things That Are Caesar's, And To God The Things That Are God's": Conscientious Objection In The Russian Federation, Eric H. Anderson
BYU Law Review
No abstract provided.
Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore
Religious Freedom And Doctrines Of Reluctance In Post-Charter Canada, David H. Moore
BYU Law Review
No abstract provided.
Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens
Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens
BYU Law Review
No abstract provided.
The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis
The Hellenic Republic And The Prevailing Religion, Charalambos K. Papastathis
BYU Law Review
No abstract provided.
Church And State In France, Belgium, And The Netherlands: Unexpected Similarities And Hidden Differences, Rik Torfs
BYU Law Review
No abstract provided.
Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark
Church-State Relations In The Czech Republic: Past Turmoil And Present Transformation, Elizabeth A. Clark
BYU Law Review
No abstract provided.
Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov
Church-State Relations In The Russian Federation, Andrei Osharouich Protopopov
BYU Law Review
No abstract provided.
The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd
Indiana Journal of Global Legal Studies
No abstract provided.
An Introduction And Commentary To The Reform Of The Argentine National Constitution, Néstor Pedro Sagüés
An Introduction And Commentary To The Reform Of The Argentine National Constitution, Néstor Pedro Sagüés
University of Miami Inter-American Law Review
No abstract provided.
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Dalhousie Law Journal
Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behaviour is attributable to non-formal, cultural determinants.
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Cornell Law Faculty Publications
Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.
Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler
Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler
Penn State International Law Review (1982 - 2011)
No abstract provided.
Neo-Colonialism, Labor Rights, And The "Growth Triangle" Of Indonesia, Malaysia, And Singapore: Who Will Protect The "Hinterland" And Indonesia's Workers?, Katharine H. Woodward
Neo-Colonialism, Labor Rights, And The "Growth Triangle" Of Indonesia, Malaysia, And Singapore: Who Will Protect The "Hinterland" And Indonesia's Workers?, Katharine H. Woodward
Penn State International Law Review (1982 - 2011)
No abstract provided.
Trial By Jury In The New Russia: A Travelogue, Gary S. Gilden
Trial By Jury In The New Russia: A Travelogue, Gary S. Gilden
Penn State International Law Review (1982 - 2011)
No abstract provided.
Environmental Protection Agreements In Japan And The United States, Susan Ridgley
Environmental Protection Agreements In Japan And The United States, Susan Ridgley
Washington International Law Journal
In an environmental protection agreement, local government regulatory authorities and the regulated industry enter into a binding written agreement that specifies limits on pollution and supplements the applicable regulatory requirements. They have been utilized in Japan for over twenty years. This Comment discusses the content and practical uses of these agreements as they have been used in Japan, and postulates their legal status under three theories: that such agreements are relational social contracts; that they are informal administrative guidance; and that they are civil contracts. The legal character of environmental protection agreements in Japan has never been well-defined, primarily because …
A Proposal For The Marketization Of Housing In Cuba: The Limited Equity Housing Corporation - A New Form Of Property, Stuart Grider
A Proposal For The Marketization Of Housing In Cuba: The Limited Equity Housing Corporation - A New Form Of Property, Stuart Grider
University of Miami Inter-American Law Review
No abstract provided.
Forum Non Conveniens In The United States And Canada, Donald J. Carney
Forum Non Conveniens In The United States And Canada, Donald J. Carney
Buffalo Journal of International Law
No abstract provided.
Changing The "Fourth Channels": Taiwan Tunes In To A New Cable Television Law, Sophia R. Byrd
Changing The "Fourth Channels": Taiwan Tunes In To A New Cable Television Law, Sophia R. Byrd
Washington International Law Journal
Threatened with potentially massive trade sanctions by the United States, Taiwan enacted the Cable Television Law in 1993 to regulate the so-called "Fourth Channels," hundreds of private cable operations that transmitted programming pirated from the United States and other sources. This Comment identifies the roots of the Fourth Channels and examines the U.S. and Taiwanese forces that gave rise to the cable law. The Comment analyzes major provisions of the law and explores the law's effects on both U.S. and Taiwanese interests.
China's Company Law: Practicing Capitalism In A Transitional Economy, Anna M. Han
China's Company Law: Practicing Capitalism In A Transitional Economy, Anna M. Han
Washington International Law Journal
As China embarks on the road to transform itself from a planned economy to one in which market forces play an increasingly important part, the corporation will play a critical role in this transformation. By outlining past and existing economic policies, this article explores how these newly sanctioned corporations will operate in China's changing economy and points outs some of the difficulties which the Chinese will encounter. The article also recommends some steps necessary for the Chinese economy to fully enjoy the benefits of efficiently operated corporations.
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
Washington International Law Journal
China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …
The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh
The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh
Washington International Law Journal
The 1992 Employment Service Act, the first major law in Taiwan to legalize the hiring of blue-collar foreign workers, was adopted to stem the tide of illegal aliens while alleviating Taiwan's labor shortage. The Act and its Implementary Provisions, however, have not resolved the problems caused by the influx of foreign labor. Taiwan's foreign labor policy has not curtailed the influx of illegal aliens, and in an effort to resolve the labor shortage without recognizing the consequences of importing foreign labor, Taiwan has encouraged the continuation of labor-intensive industries and has indirectly perpetuated the continuation of employer abuses against foreign …
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
Washington International Law Journal
A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …
Federalism And Liberalism, Mark Tushnet
Federalism And Liberalism, Mark Tushnet
Cardozo Journal of International and Comparative Law
The article explores the role of federalism within the context of John Rawls' political liberalism, arguing that while federal systems are inherently unstable and tend toward centralization, certain institutional designs and a formalist legal culture can slow this drift. Federalism is particularly suited to societies with reinforcing pluralist differences, offering a framework that allows diverse groups to coexist while maintaining stability.
The German Duality Of State And Society, David Abraham
The German Duality Of State And Society, David Abraham
Cardozo Journal of International and Comparative Law
The article argues that the United States should consider supplementing its property-based negative rights regime with citizenship-based positive rights, drawing on the German constitutional model. It contends that negative rights, which focus on freedom from state interference, are insufficient in addressing systemic inequality and fostering meaningful participation in a democratic society. In contrast, Germany's constitutional framework, rooted in a communitarian ethos, emphasizes positive rights and duties, ensuring that rights are not only protected but also effectively realized through state action. This approach, the article suggests, offers a more equitable and inclusive vision of rights and citizenship.
Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law
Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits
Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits
Michigan Law Review
In this essay, I want to investigate German vetting policies by looking at one particular subgroup of examinees: GDR lawyers. In Germany, no other former socialist elite has been submitted to so thorough an ideological cleansing process as the legal profession. After reunification, all GDR judges and prosecutors hoping to remain in office had to undergo investigations that by March 1994 had left only 9.2% of their former numbers in permanent positions. Virtually all East German law professors were removed from their university posts. More than 5000 attorneys in Germany's eastern half are currently being examined for former contacts with …