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Comparative and Foreign Law Commons

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Comparative Law

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Articles 151 - 180 of 193

Full-Text Articles in Comparative and Foreign Law

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber Jul 1994

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

All Faculty Scholarship

No abstract provided.


The Importance Of 'Nutshells', Alan Watson Jan 1994

The Importance Of 'Nutshells', Alan Watson

Scholarly Works

In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …


Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber Jan 1993

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.


Foreword: O Canada, William W. Van Alstyne Jan 1992

Foreword: O Canada, William W. Van Alstyne

Faculty Publications

This forward, written ten years after the adoption of the Constitution of Canada, draws sharp comparisons between Canada’s constitution and the United States’ original governing document, the Articles of Confederation.


The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse Jan 1989

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …


Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …


Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber Jan 1986

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

All Faculty Scholarship

No abstract provided.


A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson Oct 1985

A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson

Scholarly Works

In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …


Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker Jan 1985

Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Civil Appeals: English And American Approaches Compared, Delmar Karlen Oct 1979

Civil Appeals: English And American Approaches Compared, Delmar Karlen

William & Mary Law Review

No abstract provided.


English Natural Justice And American Due Process: An Analytical Comparison, Frederick F. Shauer Oct 1976

English Natural Justice And American Due Process: An Analytical Comparison, Frederick F. Shauer

William & Mary Law Review

No abstract provided.


Control Of Concentrations In The European Economic Community: Evolving Restrictions On The Urge To Merge, Stephen F. Smith Jan 1974

Control Of Concentrations In The European Economic Community: Evolving Restrictions On The Urge To Merge, Stephen F. Smith

Villanova Law Review (1956 - )

No abstract provided.


Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson Jan 1973

Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson

Villanova Law Review (1956 - )

No abstract provided.


Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt Jan 1973

Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt

Villanova Law Review (1956 - )

No abstract provided.


Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander Jan 1971

Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.


Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.


The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl Jan 1968

The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.


A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich Jan 1966

A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich

Villanova Law Review (1956 - )

No abstract provided.


Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen Oct 1965

Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen

Indiana Law Journal

Address delivered on January 21, 1965 at Indianapolis, Indiana as an Addison C. Harris Memorial Lecture.


Whither Communist-Led Society? An Approach Through Property Law, John N. Hazard Jul 1964

Whither Communist-Led Society? An Approach Through Property Law, John N. Hazard

Indiana Law Journal

No abstract provided.


Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr. Jun 1964

Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.

Journal of Legal Education

No abstract provided.


Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson Mar 1964

Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson

Journal of Legal Education

No abstract provided.


The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow Oct 1961

The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow

Indiana Law Journal

This article is based on lectures delivered at the International Faculty of Comparative Law in Luxembourg, August 1960


Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig Jun 1961

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.


Government, Law And Courts In The Soviet Union And Eastern Europe, Edited By Vladimir Gsovski And Kazimierz Grzybowski, Jurij Fedynskyj Apr 1961

Government, Law And Courts In The Soviet Union And Eastern Europe, Edited By Vladimir Gsovski And Kazimierz Grzybowski, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.


The Law Of Real Property In England And The United States: Some Comparisons, Francis R. Crane Apr 1961

The Law Of Real Property In England And The United States: Some Comparisons, Francis R. Crane

Indiana Law Journal

Address delivered at the Indiana University School of Law, Bloomington, Indiana, January 30, 1961, sponsored by the Indiana University School of Law as the first of the 1961 Addison C. Harris Memorial Lectures.


Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein Sep 1960

Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein

Journal of Legal Education

No abstract provided.


The Approach To German Law, Max Rheinstein Jul 1959

The Approach To German Law, Max Rheinstein

Indiana Law Journal

This article is from the lecture series, Problems in Comparative Law, delivered at the Indiana University School of Law in Bloomington in March and April, as the 1959 Addison C. Harris Memorial Lectures.


The Task Of Comparative Law In Common Law Systems, R. H. Graveson Jul 1959

The Task Of Comparative Law In Common Law Systems, R. H. Graveson

Indiana Law Journal

This article is from the lecture series, Problems in Comparative Law, delivered at the Indiana University School of Law in Bloomington in March and April, as the 1959 Addison C. Harris Memorial Lectures.


The Approach To French Law, Frederick H. Lawson Jul 1959

The Approach To French Law, Frederick H. Lawson

Indiana Law Journal

This article is from the lecture series, Problems in Comparative Law, delivered at the Indiana University School of Law in March and April, as the 1959 Addison C. Harris Memorial Lectures.