Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 10351 - 10380 of 13855

Full-Text Articles in Comparative and Foreign Law

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger Jun 1998

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Go to article

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler Jun 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.

Go to article

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

Go to article

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.

Go to article

The American Adversary System, William T. Pizzi Jun 1998

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.

Go to article

New German Telecommunications Act, The, Axel Spies, Jan F. Wrede Jun 1998

New German Telecommunications Act, The, Axel Spies, Jan F. Wrede

Michigan Telecommunications & Technology Law Review

In the wake of the debate in Germany on how to weather the storms against the "marketplace Germany" (Unternehmensstandort Deutschland) the new German Telecommunications Act ("TA") has been earmarked as a milestone. Its supporters hail the TA to spur competition in Germany's telecommunications market, which they expect to have a turnover of over DM 100 billion (app. US $66 billion) by the year 2000.... This article seeks to summarize the salient features of the TA and to outline the perspectives for potential foreign investors in the German telecommunications market as to the regulatory environment such investor will face. For this …

Go to article

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander May 1998

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard May 1998

Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

Takeover: German Reunification Under A Magnifying Glass, Mathias Reimann May 1998

Takeover: German Reunification Under A Magnifying Glass, Mathias Reimann

Michigan Law Review

My first personal experience with the unification of my home country was an unlikely encounter in an unlikely place. In July 1990, I was strolling across the Ponte Vecchio in Florence when I saw something so bizarre that it stopped me in my tracks. At the southern end of the bridge, deep in the pedestrian zone - off limits to automobiles - and right in the middle of the tourist crowd, was a lonely car, occupied by four obviously disoriented people. It was not just any car but a small, drab, and amusingly antiquated vehicle puffing bluish smoke from a …

Go to article

Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson May 1998

Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson

BYU Law Review

No abstract provided.

Go to article

Retroactive Trials And Justice, Stephan Landsman May 1998

Retroactive Trials And Justice, Stephan Landsman

Michigan Law Review

Seamus Heaney's moving words remind us that we live in an extraordinary time when, at sites of grave injustice ranging from the halls of government of Argentina and South Africa to the killing fields of Bosnia and Rwanda, "The longed-for tidal wave/Of justice can rise up,/And hope and history rhyme." Writers have attempted, in very different ways, to come to terms with the swelling of the tide of justice. For example, the philosopher Alan Rosenbaum, in a recent book about the prosecution of Nazi war criminals, argues that virtually every person implicated in the Nazis' genocidal assault on Europe's Jews …

Go to article

Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird May 1998

Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird

BYU Law Review

No abstract provided.

Go to article

Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield May 1998

Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield

BYU Law Review

No abstract provided.

Go to article

The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa May 1998

The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa

BYU Law Review

No abstract provided.

Go to article

The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes May 1998

The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes

BYU Law Review

No abstract provided.

Go to article

Relations With Religious Minorities: The Spanish Model, Alberto De La Hera May 1998

Relations With Religious Minorities: The Spanish Model, Alberto De La Hera

BYU Law Review

No abstract provided.

Go to article

Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas May 1998

Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas

BYU Law Review

No abstract provided.

Go to article

Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer Apr 1998

Welcome To Mongolia: From Genghis To Gingrich, David R. Barnhizer

Law Faculty Articles and Essays

My environmental work has increasingly assumed an international dimension, an odd twist in a career that began with civil rights and poverty law, moved into teaching, and now is expanding into international trade and both international and domestic environmental law. The world of international environment and development lead inevitably to travel. My work in the past year has meant Honduras, Portugal, Spain, Ecuador, and Colombia--with Russia and perhaps China, Malaysia, and Thailand looming on the horizon. But last August when I arrived in Ulaanbaatar, the capital of Mongolia, and stood beside the statue of national hero and Marxist liberator Choibalsan, …

Go to article

Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman Apr 1998

Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman

Cardozo Journal of International and Comparative Law

The note examines India's 1996 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, which aims to address the severe gender imbalance caused by prenatal sex selection and female feticide. Despite the Act's intentions, its effectiveness is hindered by deep-rooted cultural preferences for male children, economic pressures, and insufficient enforcement mechanisms. The analysis highlights the need for broader societal changes, including education and economic empowerment for women, to effectively combat gender discrimination.

Go to article

Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen Apr 1998

Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen

Cardozo Journal of International and Comparative Law

The article examines the differing approaches to addressing corporate agency costs in the United States and Israel, highlighting how each country's legal frameworks and market mechanisms respond to distinct agency problems. In the U.S., the "management problem" arises from the separation of ownership and control, whereas Israel faces the "control problem" due to the concentration of ownership. The analysis underscores how the prevalence of these issues influences the adoption of voluntary vs. mandatory solutions.

Go to article

The Structure Of Blackstone's Commentaries, Alan Watson Apr 1998

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …

Go to article

One Country, Two Systems: Theory Into Practice, Guiguo Wang, Priscilla M F Leung Mar 1998

One Country, Two Systems: Theory Into Practice, Guiguo Wang, Priscilla M F Leung

Washington International Law Journal

The Hong Kong Special Administrative Region was established on July 1, 1997, when the former colony was handed over by Britain to China. Thereafter the policy of "One Country, Two Systems" began as dictated by the Basic Law. This article examines the evolution of the "One Country, Two Systems" policy and discusses how this policy has been reflected in the Basic Law. As any change in the Basic Law may affect the implementation of this policy, and perhaps the stability and prosperity of Hong Kong, this article also analyses the scheme, policies and rules in relation to interpreting and amending …

Go to article

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim Mar 1998

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim

Washington International Law Journal

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …

Go to article

Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka Mar 1998

Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka

Washington International Law Journal

Japanese jurisprudence has been strongly influenced by German jurisprudence, but this trend is changing because more legal professionals including judges, patent attorneys and patent office examiners study at U.S. Law Schools. Some recent Japanese court decisions reflect this strong influence from U.S. jurisprudence. Particularly, the influence is significant in the field of patent claim interpretation, courts' power to review the validity, parallel importation and patent infringement damages. This article concludes that there are few significant differences remaining between the U.S. and Japanese patent laws, and Japanese courts' eagerness to adopt U.S patent law significantly contributes to harmonizing the remaining differences.

Go to article

The 1997 U.S.-Japan Defense Guidelines Under The Japanese Constitution And Their Implications For U.S. Foreign Policy, Chris Ajemian Mar 1998

The 1997 U.S.-Japan Defense Guidelines Under The Japanese Constitution And Their Implications For U.S. Foreign Policy, Chris Ajemian

Washington International Law Journal

The 1997 U.S.-Japan Defense Guidelines represent additional commitment by Japan to the U.S.-Japan security alliance, the primary source of Northeast Asian security and stability. Certain tasks within Japan's enhanced role raise questions of whether the Guidelines are compatible with Article 9 of Japan's Constitution. On its face, Article 9 renounces Japan's right to wage war or maintain military force, yet it has been interpreted to allow a defensively-oriented, though massive, military. Based on the existing interpretation of Article 9, it is likely that Japan will declare its new role under the Guidelines constitutional. U.S. policy toward Japan in the short-term …

Go to article

Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty Mar 1998

Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty

Washington International Law Journal

Malaysia is in the process of developing the Multimedia Super Corridor ("MSC"), a high-tech zone sometimes called "the Silicon Valley of the East." As a way of attracting investors to the MSC, Malaysia is adopting business-friendly policies and comprehensive "cyberlaws" designed to assure MSC participants that they and their technology will be protected. One of Malaysia's many goals is to be a leader in the development of cyberlaws. However, the Computer Crimes Act 1997 is too flawed to place Malaysia in that role. The Computer Crimes Act is designed to prevent computer crimes such as hacking, virus planting and the …

Go to article

Discrimination Down Under: Lessons From The Australian Experience In Prohibiting Employment Discrimination On The Basis Of Sexual Orientation, Joshua Colangelo-Bryan Mar 1998

Discrimination Down Under: Lessons From The Australian Experience In Prohibiting Employment Discrimination On The Basis Of Sexual Orientation, Joshua Colangelo-Bryan

Washington International Law Journal

Australia offers greater legislative protection against employment discrimination on the basis of sexual orientation than does the United States. This difference is not due to greater social or political awareness on the part of Australians. Rather, Australian federal law results from the work of progressive national committees given wide discretion to address discrimination under international agreements to which Australia is a party. The creation of Australian federal laws is not instructive in the U.S. context because the limited scope of these laws is incompatible with American discrimination statutes. Furthermore, the process by which sexual orientation became a proscribed ground under …

Go to article

Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio Mar 1998

Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio

Washington International Law Journal

The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently protected by the Act must be preserved, ensuring indigenous participation as well as consensual and procedural agreement. The government should not change its course: indigenous parties deserve the same rights today as were granted just five years ago. Government and indigenous leaders must work cooperatively to draft new amendments to …

Go to article

Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …

Go to article

Literary Formalism, Legal Formalism, Jeffrey Malkan Mar 1998

Literary Formalism, Legal Formalism, Jeffrey Malkan

Cardozo Law Review

No abstract provided.

Go to article

First Prev Next Last