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Comparative and Foreign Law Commons™

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2001

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Articles 241 - 257 of 257

Full-Text Articles in Comparative and Foreign Law

Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark Jan 2001

Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark

Vanderbilt Journal of Transnational Law

This Article examines the pressures of globalization on the practice of law and legal ethics from an Australian perspective. The Article first examines the positive aspects of globalization and then turns to the potentially disruptive and homogenizing aspects of globalization upon indigenous and non-Western societies. Next, the Article considers how globalization threatens to disrupt tradition and culture in Western societies, specifically focusing on the tradition of the law and legal practice. Finally, the Author discusses the response of the Australian legal profession to the demands of globalization. The Author examines changes that have been implemented to the legal practice and …

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Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman Jan 2001

Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman

All Faculty Scholarship

This article addresses the question of fact and law in Russian jury trials, specifically the practice of the Cassational Courts under the jury laws of 1864 and 1993. It discusses the general structure of the question lists, what the jury’s finding of guilt actually entails, if mental state and aggravating circumstances are questions of law or fact, and the question of jury nullification. It also provides an assessment of the jurisprudence of the Cassational Panel of the Supreme Court of the Russian Federation.

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A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann Jan 2001

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …

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From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews Jan 2001

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

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Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver Jan 2001

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

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The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley Jan 2001

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

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The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin Jan 2001

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.

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Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague Jan 2001

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

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Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott Jan 2001

Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott

Faculty Scholarship

No abstract provided.

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Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

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U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez Jan 2001

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

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Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer Jan 2001

Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer

Scholarly Articles

This piece focuses on recent global legislative initiatives designed to establish a legal framework supporting electronic signatures. As many governments worldwide increasingly seek to encourage the growth of e-commerce, the enactment of such legislation has become a priority.

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Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski Jan 2001

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

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Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah Jan 2001

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah

Student Works (2000-2009)

The objective or this research is to discuss the Sadd al-Dhara'i doctrine; i.e. one of the many approaches adopted by Islamic legislative practitioners in determining rulings for cases which are not specifically expressed in the holy al-Qur'an and al-Hadith. In this paper, the writer also highlighted the different views of the ulama, Islamic scholars and advocates of the Islamic law in respect of the origin that form the basis of the Islamic legislation. The writer also include in this paper the foundation and the principles underlying Sadd al-Dhara'i doctrine is in conformity with the syara', the criteria that need to …

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Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel Jan 2001

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel

Student Works (2000-2009)

This study deals with the issue of a comparative analysis of the guarantee of basic human rights in Islamic law, International Charter and Algerian constitution. This study finds its merit in the significance of the issue of human rights and its relevancy to our status quo. Notwithstanding, the multidimensionality of the topic of human rights, the researcher opts to focus on one of its important dimensions that is the guarantee of human rights. Historically speaking this issue was not extensively studied in depth by our classical scholars and jurists. Therefore, there is a need for in depth studies on this …

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Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin Jan 2001

Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin

Student Works (2000-2009)

This research is carried out to analyze the appropriateness of mandatory death penalty by hanging to drug trafficker based on siasah syar'iyyah. Firstly, a critical review was carried out regarding the definition, aim and methodology of siasah syar'iyyah. It is then followed by the survey on the provision of death penalty under category of ta'zir. In order to comprehend the significance of problem related to illicit drugs, statistical results on crimes associated with drug addict and drug trafficker are presented. This also includes the number of drug traffickers that had been hanged. All these information was obtained from National Drug …

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Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim Jan 2001

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim

Student Works (2000-2009)

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws …

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