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Comparative and Foreign Law Commons™

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2002

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Articles 61 - 90 of 229

Full-Text Articles in Comparative and Foreign Law

Maladroit Or Not? Learning To Be Of Two Minds In The New Bijural Law Curricula, David Howes Mar 2002

Maladroit Or Not? Learning To Be Of Two Minds In The New Bijural Law Curricula, David Howes

Journal of Legal Education

No abstract provided.


Mcgill's Integrated Civil And Common Law Program, Yves-Marie Morissette Mar 2002

Mcgill's Integrated Civil And Common Law Program, Yves-Marie Morissette

Journal of Legal Education

No abstract provided.


Global Law In The Perspective Of The Bijural Curriculum, Saúl Litvinoff Mar 2002

Global Law In The Perspective Of The Bijural Curriculum, Saúl Litvinoff

Journal of Legal Education

No abstract provided.


Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer Mar 2002

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.


The Elementary Economics Of Bijuralism: A First Cut, James W. Bowers Mar 2002

The Elementary Economics Of Bijuralism: A First Cut, James W. Bowers

Journal of Legal Education

No abstract provided.


On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley Mar 2002

On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley

Journal of Legal Education

No abstract provided.


Introduction: Global Law And The Law School Curriculum, John J. Costonis Mar 2002

Introduction: Global Law And The Law School Curriculum, John J. Costonis

Journal of Legal Education

No abstract provided.


Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude Mar 2002

Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude

Washington International Law Journal

Hong Kong, like much of the world, is facing public criticism about the operation and accessibility of its civil litigation system. One judge and scholar has suggested increased use of a litigation rule requiring solicitors to pay any costs wasted by their misconduct. By comparing this rule to its counterparts in the United Kingdom and the United States, it becomes apparent that such a solution could work to improve litigation in Hong Kong. Increased use of the rule would compensate parties injured by abusive litigation tactics and deter solicitors from engaging in misconduct to line their pockets or win for …


Translation And Analysis Of The Doctrine Of Information Security Of The Russian Federation: Mass Media And The Politics Of Identity, Douglas Carman Mar 2002

Translation And Analysis Of The Doctrine Of Information Security Of The Russian Federation: Mass Media And The Politics Of Identity, Douglas Carman

Washington International Law Journal

The Doctrine of Information Security of the Russian Federation was one of the first policy documents issued by President Vladimir Putin's Security Council. The Doctrine, ostensibly drafted as a security policy document, was severely criticized by the Russian press and civil libertarians for its undue attention to the mass media and the prominence of politicized symbols of identity. The document extends the conventions of security policy discourse into the domain of information, thus legitimizing state intervention in the production of social knowledge. The Doctrine's textual representation of threat, or "discourse of danger," delimits the boundaries of national identity and legitimizes …


What's Yours Is Mine: Reform Of The Property Division Regime For Unmarried Couples In New Zealand, Virginia Grainer Mar 2002

What's Yours Is Mine: Reform Of The Property Division Regime For Unmarried Couples In New Zealand, Virginia Grainer

Washington International Law Journal

In February 2002, when the Property (Relationships) Act came into force, unmarried couples in New Zealand became subject to the same legislative regime for division of property that has applied to married couples since the 1970s. The statutory regime is based on a deferred community property principle. Both partners are free to deal with their own property during the relationship, but at the end of the relationship all property is classified as either relationship property or separate property. Relationship property usually includes all property acquired by either party during the relationship. There is a presumption that this property must be …


A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell Mar 2002

A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell

Washington International Law Journal

China's recent admission to the World Trade Organization will bring increased attention to China's patent law, especially as foreign companies expand their technology-based presence in China. This Article summarizes the development of patent law in the United States and China, and compares various aspects of Chinese and American patent law. These aspects include the administrative and judicial hierarchy of the American and Chinese patent systems, patentability requirements, infringement and validity issues, the availability of injunctive relief, and the determination of monetary damages. The Article also discusses the compulsory licensing provisions of China's patent law. Similarities and differences of each patent …


"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser Mar 2002

"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser

Washington International Law Journal

On August 26, 2001, Australia attracted worldwide media attention by refusing entry to over 430 Afghan and Iraqi asylum seekers who were rescued at sea by a Norwegian freighter. Australia's Parliament subsequently passed legislation to heighten already strict migration laws pertaining to boat migrants. Even though Australia is party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, recent developments in national asylum policies retreat from the legal obligations, as well as the spirit, of these international treaties. Australia, however, is not the only country acting to deter boat migrants; the United States, for example, …


A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka Feb 2002

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka

Cardozo Law Review

No abstract provided.


Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber Jan 2002

Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Foreign Sovereign Immunities Act And The Human Rights Violations, Elizabeth Defeis Jan 2002

The Foreign Sovereign Immunities Act And The Human Rights Violations, Elizabeth Defeis

ILSA Journal of International & Comparative Law

The Foreign Sovereign Immunities Act (FSIA) was enacted in 1976 and provides the sole basis for obtaining jurisdiction over a foreign state in the federal courts.'


Panel On Peacekeeping: Legal And Political Issues, Roy S. Lee Jan 2002

Panel On Peacekeeping: Legal And Political Issues, Roy S. Lee

ILSA Journal of International & Comparative Law

Lee: Welcome to this panel, dealing with one of the most important activities of the United Nations, peacekeeping operations.


Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali Jan 2002

Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali

ILSA Journal of International & Comparative Law

When this panel was originally conceived, we could not have anticipated the extent to which the limits of international law would have to be stretched by events in the city where our conference would be held.


The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert Jan 2002

The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert

ILSA Journal of International & Comparative Law

As someone who has been close to the ICC for more than fifteen years, my position on this afternoon's topic must seem preordained, except to those cynical enough to believe that familiarity breeds contempt rather than. more familiarity.


Mirando A Traves De Un Cristal Oscuramente: Aplicando Los Lentes Del Cubism Social Al Conflicto De Policia-Minoria En America, K. Michelle Scott Jan 2002

Mirando A Traves De Un Cristal Oscuramente: Aplicando Los Lentes Del Cubism Social Al Conflicto De Policia-Minoria En America, K. Michelle Scott

ILSA Journal of International & Comparative Law

En los tiltimos afios, ha habido una corriente continua de preocupaci6n e inter6s creciente en las naciones del mundo sobre el empleo por parte de las autoridades de fuerza excesiva y brutal, a veces mortal donde las circumstancias no garantizan tales acciones.


Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller Jan 2002

Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller

ILSA Journal of International & Comparative Law

In the United States federalist model, constituent states haven't much opportunity to irritate foreign nations.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

With the collapse of Communism and the Cold War geopolitical order, three interrelated tendencies surfaced; the growing disempowerment of ideologies based on modem rationality,' the formation of a new transnational order with an integrated financial system, standards of production and consumption; and, the relative decline of the centralized nation state, and modem territorial sovereignty


Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss Jan 2002

Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss

Faculty Scholarship

No abstract provided.


The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost Jan 2002

The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost

Scholarly Articles

Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …


Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White Jan 2002

Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Recent Developments In International Law: Anti-Terrorism Legislation-Part Two: The Impact And Consequences, Joshua D. Zelman Jan 2002

Recent Developments In International Law: Anti-Terrorism Legislation-Part Two: The Impact And Consequences, Joshua D. Zelman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner Jan 2002

The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera Jan 2002

Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Commanding International Judicial Respect: Reciprocity And The Recognition And Enforcement Of Foreign Judgments, Susan L. Stevens Jan 2002

Commanding International Judicial Respect: Reciprocity And The Recognition And Enforcement Of Foreign Judgments, Susan L. Stevens

UC Law SF International Law Review

The recognition and enforcement of foreign judgments have become one of the most prominent areas of interest for many countries in this day of heightened globalization. While the United States has been generous in its recognition and enforcement of foreign judgments, many foreign countries have been unwilling to honor U.S. judgments. U.S. recognition and enforcement of foreign judgments is currently handled on a state-by-state basis, governed by state statute or common law. From a foreign country perspective, this "system" provides no unified procedure indicating under what conditions foreign judgments will be recognized and enforced. The Council of the American Law …


Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler Jan 2002

Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler

Law Faculty Publications

No abstract provided.


Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand Jan 2002

Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand

UC Law SF International Law Review

In its origins, the concept of sovereignty dealt with the relationship between the individual and the "sovereign." Its application to the role of the state in international law developed as a secondary matter, bringing with it discussions of relationships between "sovereign" states. However, international law has moved beyond contemporary notions of sovereignty. Concerns about "giving up sovereignty" through participation in multilateral organizations are often misplaced. In this century the most important developments in international law will not be in state-state relationships but rather in the status and rights of the person in international law. The ultimate propriety of new international …