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Articles 1 - 30 of 320
Full-Text Articles in Comparative and Foreign Law
Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable
Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable
University of the District of Columbia Law Review
Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …
John C. H. Wu At The University Of Michigan School Of Law, Li Xiuqing
John C. H. Wu At The University Of Michigan School Of Law, Li Xiuqing
Journal of Legal Education
No abstract provided.
Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert
Brigham Young University International Law & Management Review
No abstract provided.
The New European Choice-Of-Law Revolution, Ralf Michaels
The New European Choice-Of-Law Revolution, Ralf Michaels
Faculty Scholarship
Conflict of laws in Europe was long viewed by outsiders as formalist, antiquated, and uninteresting. Now that the European Union has become more active in the field, things are changing, but most view these changes as a mere gradual evolution. This is untrue. Actually, and fascinatingly, we are observing a real European conflicts revolution—in importance, radicalness, and irreversibility comparable to the twentieth-century American conflicts revolution. European developments go beyond the federalization of choice-of-law rules in EU regulations. In addition, EU choice of law is being constitutionalized, in particular through the principles of mutual recognition and the country-of-origin principle, along with …
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Cardozo Law Review
This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Cardozo Law Review
The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …
Theorizing About Self-Incrimination, Ronald J. Allen
Theorizing About Self-Incrimination, Ronald J. Allen
Cardozo Law Review
No abstract provided.
Introduction: Wherefor The Privilege?, Kate Stith
Introduction: Wherefor The Privilege?, Kate Stith
Cardozo Law Review
No abstract provided.
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
Articles
The following is an English language translation of a 2008 Chinese language article on John C.H. Wu, Soochow Law School LL.B. 1920 and Michigan Law School, J.D. 1921, by Professor Li Xiuqing of Shanghai's East China University of Political Science and Law. Li is a specialist in Chinese and foreign legal history, with a focus on the transplant of Western and Japanese law into China during the late imperial and modern era. She also serves as the Secretary-General of the China Foreign Legal History Association. In 2006-07, Li was a Fulbright Scholar at the University of Michigan Law School, where …
The French Subjective Theory Of Contract: Separating Rhetoric From Reality, Wayne Barnes
The French Subjective Theory Of Contract: Separating Rhetoric From Reality, Wayne Barnes
Faculty Scholarship
Most of the world, including Anglo-American jurisdictions, conforms to the objective theory of contract, which posits that contract formation is determined by reference solely to external evidence of manifestations of assent. On the other hand, France uniquely clings to the rhetoric of its “subjective” theory of contract, championing the freedom of the individual and the autonomy of the will. France’s association with a subjective theory of contract is widely recognized and assumed. One would initially assume that the French subjectivist philosophy would result in dramatically different outcomes in actual cases, when compared with the objectivist rules-based perspective that obtains in …
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum
Michigan Law Review
This Article critically evaluates the widely held view inside and outside the United States that American constitutional rights jurisprudence is exceptional. There are two dimensions to this perceived American exceptionalism: the content and the structure of constitutional rights. On content, the claim focuses mainly on the age, brevity, and terseness of the text and on the unusually high value attributed to free speech. On structure, the claim is primarily threefold. First, the United States has a more categorical conception of constitutional rights than other countries. Second, the United States has an exceptionally sharp public/private division in the scope of constitutional …
German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle
German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner
Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner
All Faculty Scholarship
This address has three principal points: (1) An overview of how we are going about internationalizing the law school curriculum today in the United States; (2) Whether we are making as much progress as we should and how learning from others is central to sustaining our progress such as it is; and (3) What some of the obstacles to such learning are.
Beyond Triple Identity: The Judicial Transformation Of The Doctrine Of Res Judicata In Egyptian Law, Fatma El Zahraa Ibrahim Khalil
Beyond Triple Identity: The Judicial Transformation Of The Doctrine Of Res Judicata In Egyptian Law, Fatma El Zahraa Ibrahim Khalil
Archived Theses and Dissertations
This thesis explores the judicial transformation of the doctrine of res judicata under Egyptian law through an analysis of sixty-four decisions of Court of Cassation decisions in the period between 1935 and 2007 in civil and commercial matters. The thesis demonstrates that the Egyptian judiciary has almost abandoned the statutory triple identity test that requires identity of parties, object and cause. The judiciary developed a test of issue-identity to determine the extent to which issues decided in a previous decision bind its parties in subsequent proceedings. The judiciary uses inconsistent wording in applying this test. There is little clear scholarly …
One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie
One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie
Cardozo Law Review
No abstract provided.
The Uncertain Future Of Legal Reform In China, Stanley B. Lubman
The Uncertain Future Of Legal Reform In China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This talk looks at how far Chinese law reform has come since 1979, possible further reforms, and obstacles to meaningful reform.
Accountability And Competition In Securities Class Actions: Why "Exit" Works Better Than "Voice", John C. Coffee Jr.
Accountability And Competition In Securities Class Actions: Why "Exit" Works Better Than "Voice", John C. Coffee Jr.
Cardozo Law Review
No abstract provided.
Electronic Tax Fraud - Are There "Sales Zappers" In Japan?, Richard Thompson Ainsworth
Electronic Tax Fraud - Are There "Sales Zappers" In Japan?, Richard Thompson Ainsworth
Faculty Scholarship
Although there is no public acknowledgement - in the press, in a court case, though any announcement by the Japanese National Tax Administration, or in any academic studies or papers - that Zappers and Phantom-ware are a fraud problem in Japan, a number of factors suggest that Japan may be very fertile ground for technology-assisted cash skimming fraud. Those factors include: (1) a high concentration of small to medium sized businesses; (2) the fact that the retail economy is highly cash-based; and (3) the high level of technology acceptance in the Japanese retail sector - electronic cash registers (ECRs) and …
A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams
A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell Williams
North Carolina Central Law Review
No abstract provided.
International & Comparative Law Perspectives: Fall 2008, Int'l & Comp. Law Program
International & Comparative Law Perspectives: Fall 2008, Int'l & Comp. Law Program
International & Comparative Law Perspectives
No abstract provided.
The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio
University of Miami International and Comparative Law Review
The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …
Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin
University of Miami Inter-American Law Review
No abstract provided.
Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos
University of Miami Inter-American Law Review
No abstract provided.
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
University of Miami Inter-American Law Review
No abstract provided.
Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid
Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid
University of Miami Inter-American Law Review
No abstract provided.
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
University of Miami Inter-American Law Review
No abstract provided.
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland
University of Miami Inter-American Law Review
No abstract provided.
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Cardozo Public Law, Policy & Ethics Journal
The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional …
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros
University of Miami International and Comparative Law Review
This article examines the course of tobacco litigation in the United States and its implications for law and policy on both the national and international levels. In our view, the disparate legal traditions and attitudes of countries outside the United States will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels. This will likely promote effective tobacco control without the policy mix encompassing a period of prolonged litigation buttressed by settlement and regulation, which has characterized the U.S. process. Therefore, despite some increased litigation in the …