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Articles 31 - 60 of 228
Full-Text Articles in Comparative and Foreign Law
Korea, Choong Kee Lee
Korea, Choong Kee Lee
Penn State International Law Review (1982 - 2011)
No abstract provided.
Middle East, Dr. Fath El-Rahman Abdalla El-Sheikh
Middle East, Dr. Fath El-Rahman Abdalla El-Sheikh
Penn State International Law Review (1982 - 2011)
No abstract provided.
When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough
When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough
Penn State International Law Review (1982 - 2011)
No abstract provided.
United States, G. Philip Rutledge
United States, G. Philip Rutledge
Penn State International Law Review (1982 - 2011)
No abstract provided.
U.S. & Great Britain: Restrictions On Homosexuals In The Military As A Barricade To Effectiveness, Stefanie L. Bishop
U.S. & Great Britain: Restrictions On Homosexuals In The Military As A Barricade To Effectiveness, Stefanie L. Bishop
Penn State International Law Review (1982 - 2011)
No abstract provided.
Bulgaria, Svetla Konstantinova
Bulgaria, Svetla Konstantinova
Penn State International Law Review (1982 - 2011)
No abstract provided.
Australia, Paul Latimer
Australia, Paul Latimer
Penn State International Law Review (1982 - 2011)
No abstract provided.
Justice Through The Eye Of A Camera: Cameras In The Courtrooms In The United States, Canada, England, And Scotland, Stephen A. Metz
Justice Through The Eye Of A Camera: Cameras In The Courtrooms In The United States, Canada, England, And Scotland, Stephen A. Metz
Penn State International Law Review (1982 - 2011)
No abstract provided.
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Michigan Law Review
A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868
Romania, Colonel Florin Sandu
Romania, Colonel Florin Sandu
Penn State International Law Review (1982 - 2011)
No abstract provided.
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
BYU Law Review
No abstract provided.
Aspects Of Reception Of Law, Alan Watson
Aspects Of Reception Of Law, Alan Watson
Scholarly Works
In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can …
Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day
Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day
Washington International Law Journal
Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …
Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng
Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng
Washington International Law Journal
The increasing need for an adequate legal framework for the protection of trade secrets in the People's Republic of China led to the 1993 promulgation of the Law for Countering Unfair Competition ("LCUC"). The LCUC has removed some of the barriers to obtaining effective remedies. Under the LCUC, the injured party can rely on a legal definition of "trade secrets," sue third parties, and expect that authorities will investigate violations. Nevertheless, barriers to adequate protection for trade secrets remain. In discussing the legal framework for trade secrets protection, this Article illustrates how the ambiguity of the LCUC's relationship with other …
Why Japan's New Products Liability Law Isn't, Andrew Marcuse
Why Japan's New Products Liability Law Isn't, Andrew Marcuse
Washington International Law Journal
The statutory language of Japan's 1994 Products Liability Act envisions a strict liability regime that would replace the previous negligence-based regime. This Comment reviews the development of the previous products liability regime, then analyzes the 1994 Products Liability Act in relation to Civil Code articles 415, 570, and 709 as well as EC Directive 85/374, and the 1975 Draft Model Law on Products Liability. The Comment concludes that because the 1994 Products Liability Act incorporates the Civil Code articles and their judicial interpretations, without addressing any of several structural and procedural barriers to suit, the 1994 Products Liability Act cannot …
An Explanation Of Japan's Product Liability Law, Thomas Leo Madden
An Explanation Of Japan's Product Liability Law, Thomas Leo Madden
Washington International Law Journal
Japan has been contemplating the implementation of a product liability system since 1972. After much discussion, the Product Liability Law (Law No. 85 (1994)) was finally promulgated on July 1, 1994. It came into force one year later on July 1, 1995. In Japanese the law is called Seizōbutsu Sekinin Hō. The original article explains the law's historical significance and practical impact. It is commentary in style and is meant to serve as a basic guideline to help both consumers and businesses understand their respective rights and obligations under this new law.
International Trade And Competition Law In Japan, David J. Gerber
International Trade And Competition Law In Japan, David J. Gerber
All Faculty Scholarship
No abstract provided.
Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros
Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros
ILSA Journal of International & Comparative Law
The last several years have been marked by considerable economic reform in nonmarket countries. The changes which have occurred have undoubtedly impacted upon United States' law and policy with respect to the United States' treatment of those countries.
The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman
The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman
ILSA Journal of International & Comparative Law
This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized
United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa
United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa
ILSA Journal of International & Comparative Law
"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.
The Formation Of International Law In The 21st Century, John De Saram
The Formation Of International Law In The 21st Century, John De Saram
ILSA Journal of International & Comparative Law
The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.
Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne
Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne
ILSA Journal of International & Comparative Law
Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.
International Law And Land Mines, Joerg Wimmers
International Law And Land Mines, Joerg Wimmers
ILSA Journal of International & Comparative Law
The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.
When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman
When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman
ILSA Journal of International & Comparative Law
Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.
What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon
What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon
ILSA Journal of International & Comparative Law
After two years of close observation of the United Nations struggling to answer the challenge of Article 7 of its Charter "to maintain international peace and security," I have become an optimist on the question of the United Nations' future, if nonetheless a cautious, realistic one. Whether the United Nations will have such a role, however, depends on the collective ability of the international community to learn from the past fifty years of the organization
International Law And Anti-Personnel Land Mines, Michael J. Matheson
International Law And Anti-Personnel Land Mines, Michael J. Matheson
ILSA Journal of International & Comparative Law
The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons
The Right To Cultural And Religious Self-Determination: Lessons From The Experience Of Native Americans, Allison M. Dussias
The Right To Cultural And Religious Self-Determination: Lessons From The Experience Of Native Americans, Allison M. Dussias
ILSA Journal of International & Comparative Law
In seeking to vindicate their right to self-determination, indigenous peoples seek not only recognition and protection of land rights and political rights, but also recognition and protection of cultural and religious rights.
La Actividad Reciente Antes De La Corteinternacional De La Justicia: Tendencia 0 Ciclo, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennell
La Actividad Reciente Antes De La Corteinternacional De La Justicia: Tendencia 0 Ciclo, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennell
ILSA Journal of International & Comparative Law
Siguiendo el rechazo de los Estados Unidos para participar en el caso de Nicaragua', y su retiro subsiguiente de la Ilamada cldusula opcional, un gran ambiente de pesimismo rode6 el futuro de la Corte Internacional de Justicia
Un Estudio Comparativo De La Ley Judaica Y La Ley Constitucional De Los Estados Unidos Sobre La Pena Capital, Steven Davidoff
Un Estudio Comparativo De La Ley Judaica Y La Ley Constitucional De Los Estados Unidos Sobre La Pena Capital, Steven Davidoff
ILSA Journal of International & Comparative Law
Desde 1966 a 1972, a pesar de estatutos permitiendo la pena capital en la mayoria de los estados, s6lo tres hombres fueron ejecutados en todos los Estados Unidos. Un observador objetivo habria citado esta tendencia como un pron6stico del abandono gradual de esta pena definitiva.
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.