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Articles 181 - 210 of 228
Full-Text Articles in Comparative and Foreign Law
William Iii And The Legalist Revolution, Richard Kay
William Iii And The Legalist Revolution, Richard Kay
Faculty Articles and Papers
A symposium dedicated to the paradoxical idea of rebellious leadership, therefore, is a particularly apt way to honor Dean Macgill's tenure. This phrase also captures a notion that is especially fruitful when applied to basic questions of constitutional structure and political value. Every legal system rests, at the end, on a set of political assumptions. Every instance of law, that is, is ultimately supported by something that is not law. When, as inevitably happens, there develops a fundamental disharmony between the artifacts of law and the political values of a society the law will have to give way. When this …
History's Accounting: Liability Issues Surrounding German Companies For The Use Of Slave Labor By Their Corporate Forefathers, Stuart M. Kreindler
History's Accounting: Liability Issues Surrounding German Companies For The Use Of Slave Labor By Their Corporate Forefathers, Stuart M. Kreindler
Penn State International Law Review (1982 - 2011)
No abstract provided.
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
Prosecution Of Nazi War Criminals Before Post-World War Ii Domestic Tribunals, Matthew Lippman
Prosecution Of Nazi War Criminals Before Post-World War Ii Domestic Tribunals, Matthew Lippman
University of Miami International and Comparative Law Review
No abstract provided.
The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman
The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman
All Faculty Scholarship
This article discusses the division of labor between the judge and the jury in rendering judgment, and the separation of law and fact historically and currently, focusing on Spain and Russia. Both Russia and Spain rejected the Anglo-American general verdict of “guilty” or “not-guilty” in favor of a list of questions or propositions presented to the jury during their criminal procedure reforms of the 1990’s. This article also delves into the jury deliberation, verdict, and judgment process of the two countries.
Making History: Israeli Law And Historical Reconstruction, Eben Moglen
Making History: Israeli Law And Historical Reconstruction, Eben Moglen
Faculty Scholarship
As Asher Maoz insightfully points out, governmental involvement in the ascertainment of historical truth – whether in court, by commission of inquiry, or in other ways – is directed at securing approval of a particular historical narrative, as a step toward imposing that narrative, to a greater or lesser extent, on those who disagree with it. This "official version" exists not only for the sorts of questions presented by the cases Maoz discusses, but also with respect to auto accidents, crimes of passion, and all the other historical reconstructions that form the substrate of "facts" upon which legal conclusions and …
Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger
Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger
Journal of Law and Health
Medical decision-making is one area where drawing and applying a single defining line between childhood and adulthood has proven difficult. Each society determines how it will allocate decision-making authority with respect to children. This article will address how such allocations have been developed in the United States and the United Kingdom. An analysis of the capacity of an adolescent to make decisions remains incomplete without some consideration of the role of parent(s) and of the government. It is precisely here that recent developments in the United Kingdom may provide helpful guidance in the United States.
The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya
The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya
Publications
No abstract provided.
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Richmond Journal of Global Law & Business
Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.
The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole
The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The article examines the role of law and the legal system in catalysing Singapore's development success. It argues that there is a dichotomy in the approach with regard to commercial law and law relating to individual freedom and rights and civil society. Universalism characterises the treatment of commercial laws while cultural relativism and a communitarian-based understanding of rights and obligations are features of the law relating to the rights of the individual. Instrumentalism, driven by a particularistic 'communitarian' political philosophy underpinned by strong Confucianist values, is very much motivated by the need for good governance as a prerequisite for economic …
The Basic Law: A Fifty Year Assessment, Donald P. Kommers
The Basic Law: A Fifty Year Assessment, Donald P. Kommers
Journal Articles
In 1949 the new German Basic Law raised many questions. Could a newly minted constitution-mere words on paper-breathe new life into a people devastated by war? Would it serve as a stable framework of government? Would it promote respect for human rights and popular government? Would it foster internal political unity? Half a century later all these questions can be answered in the affirmative. The Basic Law is one of the world’s most respected and imitated constitutions and it has emerged as the vital center of Germany's constitutional culture. It is invoked repeatedly in parliamentary debates and resorted to in …
A Comparative Constitutional Law Canon, Donald P. Kommers, John E. Finn
A Comparative Constitutional Law Canon, Donald P. Kommers, John E. Finn
Journal Articles
The article discusses what types of legal cases constitute a “canon” on American constitutional theory and comparative constitutional law, examples of case law that illustrate important developments in the two subjects. It describes the process taken by the article's authors to select a small sampling of 90 “canon” cases for their course book on American constitutional law, which is designed for the academic community and for undergraduate students enrolled in a traditional liberal arts curriculum.
Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas
Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman
Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman
Book Chapters
All legal systems worthy of credit have a commitment to achieving fairness between the parties to the litigation. In addition, common law legal systems have a longstanding commitment to openness in judicial proceedings. At the same time, and in part for the same reasons, they also have a longstanding commitment to freedom of expression. There is inevitably a tension among these three goals, because in cases of great public interest openness leads to publicity, and publicity may threaten or at least appear to threaten the fairness of a trial. In addition, sometimes publicity may create an intrusion on the lives …
Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur
Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur
Faculty Articles
Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power …
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
LLM Theses and Essays
When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
LLM Theses and Essays
Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …
Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim
Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim
LLM Theses and Essays
As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …
Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch
Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch
LLM Theses and Essays
The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …
Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele
Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele
LLM Theses and Essays
The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …
International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva
International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva
LLM Theses and Essays
This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …
International Joint Ventures Between France And The United States, Alexis Desreumaux
International Joint Ventures Between France And The United States, Alexis Desreumaux
LLM Theses and Essays
This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …
Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky
LLM Theses and Essays
The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …
Five Years After Beijing: A Report Card On Women’S Human Rights, Athena D. Mutua
Five Years After Beijing: A Report Card On Women’S Human Rights, Athena D. Mutua
Journal Articles
No abstract provided.
Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman
Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman
All Faculty Scholarship
This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.
Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price
Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price
Articles
The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.
Trial By Jury: Right Or Privilege?, David P. Rowe
Trial By Jury: Right Or Privilege?, David P. Rowe
University of Miami International and Comparative Law Review
No abstract provided.
Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon
Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon
University of Miami International and Comparative Law Review
No abstract provided.
Comparative Law As A Comprehensive Approach: A European Tribute To Professor Jack A. Hiller, Bernhard Grossfield
Comparative Law As A Comprehensive Approach: A European Tribute To Professor Jack A. Hiller, Bernhard Grossfield
Richmond Journal of Global Law & Business
An aura of "malaise" hangs over the field of Comparative Law'- sometimes alluded to as the "drama" of Comparative Law (private and public). Indeed, the comparative scholar is often asked whether his work has any practical importance. This is the question he fears most. A German legal philosopher once criticized the whole approach as follows: "Nobody asks what comparative law is and how it should be pursued. Thus, it is less to build a new structure from the laws compared, but to leave an accumulation of raw bricks in a heap that will never be used." Still today it is …