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Articles 31 - 60 of 268
Full-Text Articles in Comparative and Foreign Law
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
Indiana Law Journal
No abstract provided.
Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner
Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner
Washington International Law Journal
This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …
Testing The Partnership Model Of Growth Management, Jeffrey Patterson
Testing The Partnership Model Of Growth Management, Jeffrey Patterson
Washington International Law Journal
Three major events can be expected to influence land use and tenure in British Columbia, Canada, well into the future. A new Forest Practices Code and harvesting regulations and settlement of aboriginal land claims will profoundly affect B.C.'s rural and wilderness landscape. A third initiative, a growth management strategy act adopted by the B.C. legislature in 1995 will, however, potentially have a major impact on the urban landscape that most British Columbians experience in their daily lives. Its objective is the promotion of human settlements that are socially, economically and environmentally halthy. This paper explores the particular geographic and political …
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Journal Articles
Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …
Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King
Getting A Seat At The Table: Giving The Indigenous Peoples Of The Russian Far East Control Over Local Government, Stephen R. King
Washington International Law Journal
The traditional homelands of the indigenous peoples of Siberia and the Russian Far East harbor vast wealth in the form of timber, minerals, oil, and gas. Throughout much of the 20th Century, the Soviet Union used forced relocation of native peoples, expropriation of native lands, and other harsh means to gain access to these resources. The native peoples received little or no compensation for the vast natural wealth that the Soviet government took from their lands, and the government often left the land so polluted that it could no longer support the native people's hunting and herding ways-of-life. The Russian …
The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton
The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton
Washington International Law Journal
With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …
A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson
A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson
Washington International Law Journal
Since 1978, China has achieved significant improvements in the rural sector through the adoption of the baogan daohu system, which effectively dismantled the communal farming system and created individual family farms. However, meaningful measures must be taken to ensure that farmers have continued use of their farmland and that illegal land reclamation by local govermnents is halted. Because farmers' rights are not clearly articulated and cannot be readily enforced, local governments appear to be beyond central government control. Furthermore, due to the state's right to reclaim land under any logic, farmers' rights may ultimately be nonexistent. Though developing a meaningful …
Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld
Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie
Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie
Washington International Law Journal
Throughout Vietnam's long history, the central elite and peripheral farming communities have been legally and culturally divided. This dichotomy was never as complete as the famous injunction that "the emperor's writ stops at the village gate" infers. Initially, during the period of French colonisation and more recently since the introduction of doi moi (renovation) economic reforms, central authorities have attempted to unify land management with universal normative law. This experiment has stimulated widespread non-compliance with land laws in urban centres; in some areas compliance is a fringe phenomenon. In this divided legal geography, pockets of non-compliance give the appearance of …
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
New German Telecommunications Act, The, Axel Spies, Jan F. Wrede
New German Telecommunications Act, The, Axel Spies, Jan F. Wrede
Michigan Telecommunications & Technology Law Review
In the wake of the debate in Germany on how to weather the storms against the "marketplace Germany" (Unternehmensstandort Deutschland) the new German Telecommunications Act ("TA") has been earmarked as a milestone. Its supporters hail the TA to spur competition in Germany's telecommunications market, which they expect to have a turnover of over DM 100 billion (app. US $66 billion) by the year 2000.... This article seeks to summarize the salient features of the TA and to outline the perspectives for potential foreign investors in the German telecommunications market as to the regulatory environment such investor will face. For this …
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Penn State International Law Review (1982 - 2011)
No abstract provided.
Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard
Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard
Penn State International Law Review (1982 - 2011)
No abstract provided.
Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson
Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson
BYU Law Review
No abstract provided.
Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird
Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird
BYU Law Review
No abstract provided.
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield
BYU Law Review
No abstract provided.
Retroactive Trials And Justice, Stephan Landsman
Retroactive Trials And Justice, Stephan Landsman
Michigan Law Review
Seamus Heaney's moving words remind us that we live in an extraordinary time when, at sites of grave injustice ranging from the halls of government of Argentina and South Africa to the killing fields of Bosnia and Rwanda, "The longed-for tidal wave/Of justice can rise up,/And hope and history rhyme." Writers have attempted, in very different ways, to come to terms with the swelling of the tide of justice. For example, the philosopher Alan Rosenbaum, in a recent book about the prosecution of Nazi war criminals, argues that virtually every person implicated in the Nazis' genocidal assault on Europe's Jews …
Takeover: German Reunification Under A Magnifying Glass, Mathias Reimann
Takeover: German Reunification Under A Magnifying Glass, Mathias Reimann
Michigan Law Review
My first personal experience with the unification of my home country was an unlikely encounter in an unlikely place. In July 1990, I was strolling across the Ponte Vecchio in Florence when I saw something so bizarre that it stopped me in my tracks. At the southern end of the bridge, deep in the pedestrian zone - off limits to automobiles - and right in the middle of the tourist crowd, was a lonely car, occupied by four obviously disoriented people. It was not just any car but a small, drab, and amusingly antiquated vehicle puffing bluish smoke from a …
The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa
The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa
BYU Law Review
No abstract provided.
The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes
The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes
BYU Law Review
No abstract provided.
Relations With Religious Minorities: The Spanish Model, Alberto De La Hera
Relations With Religious Minorities: The Spanish Model, Alberto De La Hera
BYU Law Review
No abstract provided.
Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas
Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas
BYU Law Review
No abstract provided.
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer
Law Faculty Articles and Essays
My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …
The Structure Of Blackstone's Commentaries, Alan Watson
The Structure Of Blackstone's Commentaries, Alan Watson
Scholarly Works
Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …