Comparative and Foreign Law Commons^™

A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg

Indiana Law Journal

Symposium: Law and Civil Society

Civil Society, Metaphysics, And Tolerance, David C. Williams

Indiana Law Journal

Symposium: Law and Civil Society

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society

The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress

Federal Communications Law Journal

Following a worldwide trend of increased market competition in telecommunications, both the United States and Germany passed new legislation in 1996 aimed at liberalizing communications regulation. Germany passed the Telekommunikationsgestz (TKG), and the United States passed the Telecommunications Act of 1996. The TKG was enacted in response to European Community requirements that Germany open its telecommunications market. While the TKG covers a broad spectrum of issues, five areas stand out as the law's primary focus: licensing, universal service, market-dominant position regulation, interconnection, and rights-of-way. A comparison between the U.S and German laws in these five areas demonstrates the …

Cultural Chauvinism In Comparative Law, John H. Langbein

Cardozo Journal of International and Comparative Law

The article critiques the use of cultural stereotypes to dismiss the potential of adopting superior legal procedures from other countries, specifically targeting Oscar Chase's argument that American cultural traits prevent the adoption of German civil procedure reforms. It argues that such cultural chauvinism obscures the inefficiencies and injustices in the American adversary system and that procedural improvements from comparative law should not be dismissed based on cultural differences.

The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Family Law Of The Two Chinas: A Comparative Look At The Rights Of Married Women In The People's Republic Of China And The Republic Of China, Janice A. Lee

Cardozo Journal of International and Comparative Law

The note examines the rights of married women in the People's Republic of China (PRC) and Taiwan, highlighting how traditional Confucian values continue to influence family law and practice despite legal reforms aimed at promoting gender equality. It argues that while both countries have enacted progressive laws, societal attitudes and enforcement mechanisms often undermine these legal advancements, perpetuating women's subordinate status.

Legal Processes And National Culture, Oscar G. Chase

Cardozo Journal of International and Comparative Law

The article examines the relationship between national culture and legal processes, arguing that cultural differences significantly impact the feasibility of adopting foreign legal procedures. It focuses on the suggestion to adopt German civil litigation rules in the U.S., asserting that cultural barriers, particularly regarding authority and individualism, make such adoption problematic. The author contends that understanding these cultural dimensions is crucial for evaluating legal reforms.

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola

Cardozo Journal of International and Comparative Law

The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.

Public Discourse In Contemporary Germany, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith

Cardozo Journal of International and Comparative Law

The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.

New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang

Washington International Law Journal

This article provides a critical review of the important developments of the environmental laws and policies of the Republic of China on Taiwan since 1993. The article also supplements the author's 1990 and 1993 publications. Section II briefs the reader on background political and economic changes. Section III analyzes three new environmental statutes, including the Environmental Impact Assessment Act of 1994. Section IV investigates the problems encountered in some environmental initiatives, including the collection of air pollution control fees and the newly launched "four-in-one" recycling program. Section V summarizes important environmental decisions by the Administrative Court. Section VI suggests strategies …

The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden

Washington International Law Journal

Because of Aum Shinri Kyô's terrorist attacks using sarin nerve gas, the Japanese government sought to revoke the religious cult's status as a religious corporation under the Religious Corporation Law. The Tokyo District Court found that, in setting up a sarin production facility, Aum had deviated from its purpose as a religious organization and had endangered the public welfare, thereby justifying an order of dissolution. The Tokyo High Court affirmed, but did not reach the issue of whether the dissolution order violated Aum's followers' right to freedom of religion as guaranteed by the Japanese Constitution. In affirming the dissolution order, …

A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle

Washington International Law Journal

Singapore and the United States approach the concept of retirement income replacement from different directions. The United States relies on the OASDI component of the Social Security Act, a tax-based intergenerational transfer program, while Singapore operates under the Central Provident Fund Act, which requires workers and their employers to contribute to a compulsory savings scheme. Elements of each program conflict with the cultural values of the society it serves, and each society could benefit from adopting certain components and underlying concepts of the other's national retirement plan.

The Taxation Of Gifts And Bequests In Australia: A Prototype For Transfer Tax Reform In The United States?, Jeffrey S. Kinsler

Washington International Law Journal

Australian tax law presents a possible prototype for the reform of gift taxation in the United States. Unlike the United States, Australia does not impose a separate transfer tax on gifts and bequests. Rather, gratuitous transfers of appreciated property are treated as capital gains under Australian tax law, exposing donors to income taxation. In an effort to interject the Australian model of taxation into the already robust debate over how best to reform the U.S. transfer tax system, this article examines the advantages and disadvantages of the Australian system and the Australian Income Tax Assessment Act ("ITAA").

Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir

Washington International Law Journal

The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …

Domestic Child Abuse Under The U.N. Convention On The Rights Of The Child: Implications For Children's Rights In Four Asian Countries, Paula C. Littlewood

Washington International Law Journal

The United Nations Convention on the Rights of the Child is the first binding treaty to endorse children's rights as separate from both adults and the family, and is thus an important step in international law toward recognition of children as rights bearers. An inquiry into the extent to which children enjoy human rights logically begins with Article 19 of the Convention which guarantees a child's right to freedom from abuse and neglect by any party. While most literature in this area concentrates either on the rights guaranteed by the Convention or issues raised by studying child abuse across cultures, …

Feb. 20-21, 1997, Correspondence Regarding Nftc Concerns, Frank Kittredge, National Foreign Trade Council, William E. Schuerch

CAO Creation Pre-1999

No abstract provided.

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.

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

Faculty Publications

No abstract provided.

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Namoi Roht-Arriaza

UC Law SF International Law Review

No abstract provided.

Reconcilable Differences--The Interpretation Of Multilingual Treaties, Dinah Shelton

UC Law SF International Law Review

The practice of authenticating treaties in several languages has grown in recent decades as multilateral agreements are concluded in the six official languages of the United Nations or the corresponding number of official languages of other sponsoring organizations. Problems of translation errors, ambiguities, and deliberate differences lead to conflicts over the content of obligations and rights contained in the treaties. The Vienna Convention on the Law of Treaties provides some guidance to interpreting texts authenticated in several languages, but more effort is needed during negotiations to avoid discordant texts. In addition, the author proposes that greater recourse be had to …

Helms-Burton: The Canadian View, Kim Campbell

UC Law SF International Law Review

No abstract provided.

The Five Bases Of Extraterritorial Jurisdiction And The Failure Of The Presumption Against Extraterritoriality, Wade Estey

UC Law SF International Law Review

A nation can exercise two types of jurisdiction: territorial and extraterritorial. The exercise of extraterritorial jurisdiction elicits controversy because of possible international law conflicts. The United States applies a presumption against extraterritorial application of domestic law. However, the presumption of extraterritorial application ignores the propriety of its use.

This Note revises the presumption upon reviewing various statutory and case law applications of extraterritorial jurisdiction in the United States. This Note also proposes a new paradigm for proper use of extraterritorial jurisdiction. The new paradigm posits that the presumption against extraterritorial jurisdiction can be rebutted in five situations: (1) Nationality Jurisdiction, …

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.

Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid

ILSA Journal of International & Comparative Law

It is more than bitter irony that nearly fifty years to the day after the International Military Tribunal in Nuremberg rendered its judgment, we are here today analyzing the first international war crimes trial held since the end of World War II.

Panel Discussion On International Environmental Crimes: Problems Of Enforceable Norms And Accountability, Myron H. Nordquist

ILSA Journal of International & Comparative Law

This panel's scope of discussion covers norms as well as compliance regarding international environmental crimes during both times of peace and armed conflict.

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris

ILSA Journal of International & Comparative Law

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

ILSA Journal of International & Comparative Law

In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.