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Comparative and Foreign Law Commons™

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2001

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Institution
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Articles 31 - 60 of 257

Full-Text Articles in Comparative and Foreign Law

Perspectives On The Internationalization Of Legal Education, Antonio García Padilla Sep 2001

Perspectives On The Internationalization Of Legal Education, Antonio García Padilla

Journal of Legal Education

No abstract provided.

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Achieving International Cooperation: Nyu's Global Law School Program, Norman Dorsen Sep 2001

Achieving International Cooperation: Nyu's Global Law School Program, Norman Dorsen

Journal of Legal Education

No abstract provided.

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The Structure Of Legal Education In South Africa, John B. Kaburise Sep 2001

The Structure Of Legal Education In South Africa, John B. Kaburise

Journal of Legal Education

No abstract provided.

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Legal Education In Korea And The Asian Region, Sang-Hyun Song Sep 2001

Legal Education In Korea And The Asian Region, Sang-Hyun Song

Journal of Legal Education

No abstract provided.

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Legal Education In Switzerland: An Example Of The Continental Style, Walter A. Stoffel Sep 2001

Legal Education In Switzerland: An Example Of The Continental Style, Walter A. Stoffel

Journal of Legal Education

No abstract provided.

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The Curriculum: Patterns And Possibilities, Judith Welch Wegner Sep 2001

The Curriculum: Patterns And Possibilities, Judith Welch Wegner

Journal of Legal Education

No abstract provided.

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Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo Sep 2001

Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo

Journal of Legal Education

No abstract provided.

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The Cultural Context Of International Legal Cooperation, Stephen Zamora Sep 2001

The Cultural Context Of International Legal Cooperation, Stephen Zamora

Journal of Legal Education

No abstract provided.

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The Legal System And Legal Education In Southern Africa: Past Influences And Current Challenges, Philip F. Iya Sep 2001

The Legal System And Legal Education In Southern Africa: Past Influences And Current Challenges, Philip F. Iya

Journal of Legal Education

No abstract provided.

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Women In Afghanistan Since September 11th, Margaret Murphy Sep 2001

Women In Afghanistan Since September 11th, Margaret Murphy

Buffalo Women's Law Journal

No abstract provided.

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Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert Sep 2001

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

Articles

In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …

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Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager Jul 2001

Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager

University of Miami Inter-American Law Review

No abstract provided.

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Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados Jul 2001

Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados

University of Miami Inter-American Law Review

No abstract provided.

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The Newness Of New Technology, Monroe E. Price Jul 2001

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

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The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra Jul 2001

The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra

University of Miami Inter-American Law Review

No abstract provided.

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The Perceived Values Of Diversity, Then And Now, Peter H. Schuck Jul 2001

The Perceived Values Of Diversity, Then And Now, Peter H. Schuck

Cardozo Law Review

No abstract provided.

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A "Jewish State ... To Be Known As The State Of Israel": Notes On Israeli Legal Historiography, Pnina Lahav Jul 2001

A "Jewish State ... To Be Known As The State Of Israel": Notes On Israeli Legal Historiography, Pnina Lahav

Faculty Scholarship

Israeli legal history is a discipline much younger than the history of its fifty-three-year-old state. It began developing in the 1980s and gained momentum in the late 1990s. 3 In the entire state with its four major law schools and several law colleges4 only five scholars consider legal history to be their main field of expertise. 5 And yet, Israeli legal history has proven to be an extremely exciting intellectual discipline, attracting many more scholars than these five. Asher Maoz and Leora Bilsky are only two of a growing number who find legal history an intellectually stimulating enterprise. The …

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The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld Jul 2001

The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld

Articles

The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …

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Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman Jun 2001

Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman

Journal of Legal Education

No abstract provided.

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International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jun 2001

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Michigan Telecommunications & Technology Law Review

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …

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Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota May 2001

Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota

Washington International Law Journal

A number of commentators in Japan have argued that tax treatments for distressed bank loans seem to be more generous in Japan than in the United States, and that, in contrast to Japan, the United States does not allow any deduction for loan loss reserves. However, such arguments have not been based upon a careful analysis of case law and actual tax authority practices. This Article presents a comparative study of the tax treatments for distressed bank loans in the United States and Japan. It analyzes corporate income tax legislation, administrative practices and case law in the 1980s and 1990s …

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Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda May 2001

Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda

Washington International Law Journal

Based on the Judicial Reform Council's article "Points at Issue in Judicial Reform," this paper presents basic issues on the current status of the Japanese attorney system and areas to be addressed in judicial reform. [[Translator's Note] This Article formed the basis of Nakabō's report at the twelfth meeting of Judicial Reform Council held on February 8, 2000. It was originally published as the first of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING; THE LAW SCHOOL CONCEPT] (2000).]

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Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso May 2001

Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso

Washington International Law Journal

In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …

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Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan May 2001

Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan

Washington International Law Journal

Japan is currently facing a two-fold demographic crisis: its birthrate is rapidly falling and its population is rapidly aging. Despite the present recession, Japan is confronting a significant shortage of workers in the health-care field. There may not be enough home health-care aides to meet the needs of all of the elderly who are eligible for visits under Japan's new long-term care insurance program. The Ministry of Justice has recently proposed allowing more foreigners to work in Japan. The proposal encourages the admission of immigrants to work as "home helpers," an occupation that is considered unskilled. This proposal marks a …

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The Tender Offer In Korea: An Analytic Comparison Between Korea And The United States, Kwang-Rok Kim May 2001

The Tender Offer In Korea: An Analytic Comparison Between Korea And The United States, Kwang-Rok Kim

Washington International Law Journal

Even though the tender offer system in Korea was established in 1976, there were very few tender offer transactions until 1997. However, after Korea's economic crisis in late 1997, the Korean government not only took a series of structural reform measures to improve the securities market system, but also widely opened the financial markets to foreign countries by abolishing or amending restrictions on foreign investment. The 1998 reforms to the Korea Securities Exchange Act included significant changes to tender offer regulations, making hostile takeovers more feasible. Since that time, the tender offer has been used as a tool to acquire …

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Implications Of Singapore's Income And Consumption Tax Policies On International E-Commerce Transactions Of Digitized Products, Neal Harold Luna May 2001

Implications Of Singapore's Income And Consumption Tax Policies On International E-Commerce Transactions Of Digitized Products, Neal Harold Luna

Washington International Law Journal

The Internet's current architecture allows international e-commerce transactions of digitized goods to go untaxed by the country in which the income was earned or the product consumed. The inability of these countries to tax such transactions will erode their tax bases as e-commerce in digitized products grows relative to other commercial forms. To forestall the erosion of its tax base, Singapore's revenue authority boldly extends its existing consumption and income tax policies to e-commerce. Singapore's proposed e-commerce tax regime is a model from which other countries—both those with similar tax regimes, such as the E.U. member economies, and those that …

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An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff May 2001

An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff

BYU Law Review

No abstract provided.

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Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee May 2001

Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee

BYU Law Review

No abstract provided.

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Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev May 2001

Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev

BYU Law Review

No abstract provided.

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Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston May 2001

Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston

BYU Law Review

No abstract provided.

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