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Articles 10951 - 10980 of 13724

Full-Text Articles in Comparative and Foreign Law

English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove May 1995

English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove

Michigan Law Review

A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer

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On Humiliation, Jeremy Waldron May 1995

On Humiliation, Jeremy Waldron

Michigan Law Review

A Review of Humiliation, and Other Essays on Honor, Social Discomfort, and Violence by William Ian Miller

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Revolution In The Balance: Law And Society In Contemporary Cuba, Eugene Whitlock May 1995

Revolution In The Balance: Law And Society In Contemporary Cuba, Eugene Whitlock

Michigan Law Review

A Review of Revolution in the Balance: Law and Society in Contemporary Cuba by Debra Evenson

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The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith Apr 1995

The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith

Law Faculty Publications

No abstract provided.

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The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd Apr 1995

The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd

Indiana Journal of Global Legal Studies

No abstract provided.

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Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk Apr 1995

Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk

West Virginia Law Review

No abstract provided.

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The Legal System And American Constitutional Democracy, Edited By Maria Frankowska And Albert P. Melone, Emilia Kandeva-Spiridonova Apr 1995

The Legal System And American Constitutional Democracy, Edited By Maria Frankowska And Albert P. Melone, Emilia Kandeva-Spiridonova

Indiana Journal of Global Legal Studies

No abstract provided.

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Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser Apr 1995

Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …

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Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack Apr 1995

Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack

Cardozo Journal of International and Comparative Law

The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of …

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Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia Apr 1995

Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia

Cardozo Journal of International and Comparative Law

The article examines the tension between France's dirigiste traditions and the introduction of competition law, particularly through the 1986 Competition Statute. While the statute aimed to establish legal principles to protect competition and reduce government discretion, the enduring influence of dirigisme—emphasizing state control and administrative prerogatives—continues to challenge the effectiveness of competition law. The *Ville de Pamiers* case highlights this conflict, as it tests the boundaries of competition law's applicability to public services and administrative acts. The analysis reveals that the struggle to balance competition law with dirigiste traditions reflects broader conflicts in redefining the role of government in a …

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The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm Apr 1995

The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm

Cardozo Journal of International and Comparative Law

The transition from socialism to capitalism in Central and Eastern Europe has brought significant economic and social challenges, including unemployment, social instability, and a decline in living standards. While countries like Hungary have made notable progress in privatization and attracting foreign investment, the region as a whole faces critical trade-offs between rapid reform and easing social burdens. The success of these transitions depends on addressing systemic issues such as weak institutional frameworks, inadequate managerial expertise, and the need for patience among citizens to realize the long-term benefits of reform.

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Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner Mar 1995

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

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Regulations On Bid Rigging In Japan, The United States And Europe, Naoaki Okatani Mar 1995

Regulations On Bid Rigging In Japan, The United States And Europe, Naoaki Okatani

Washington International Law Journal

This article provides a comparative perspective on bid rigging in Japan, the United States and Europe. It emphasizes the differences in both institutional structure as well as policy and business culture in the three jurisdictions, particularly in terms of antitrust and criminal law enforcement. It notes the greater tolerance of bid rigging in Japan in the case of construction contracts for public works.

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Competition And Trade Policy: Antitrust Enforcement: Do Differences Matter?, John O. Haley Mar 1995

Competition And Trade Policy: Antitrust Enforcement: Do Differences Matter?, John O. Haley

Washington International Law Journal

This article deals with the question of differences in competition policy enforcement regimes in Japan, Europe and the United States. In answer to the question "Do differences matter?", the author concludes that they matter less than conventional wisdom suggests at least in terms of "fairness" and effectiveness. The article challenges the widely held views that Japan's competition rules are ineffectively enforced and that U.S. antitrust enforcement, especially treble damage actions, have had an unfair impact on foreign firms. The article concludes with recommendations for greater cooperation between trade regulation and antitrust enforcement authority in the United States and among competition …

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A Comparison Of U.S.-Japan Antitrust Law: Looking At The International Harmonization Of Competition Law, Hiroshi Iyori Mar 1995

A Comparison Of U.S.-Japan Antitrust Law: Looking At The International Harmonization Of Competition Law, Hiroshi Iyori

Washington International Law Journal

This article focuses on the legislative history of the Japanese Antimonopoly Law and a comparison between the substantive provisions of the Japanese law and its U.S. origins. It begins with a historical overview of the fundamental differences between the economies of Japan and the U.S., as well as Japan through the postwar period and the contrasting contexts in which competition laws were enacted in each country. It offers a brief outline of the historical development of Japanese competition law, from the enactment of the Antimonopoly Law through amendments and defining judicial interpretations. The article then focuses on coverage, sanctions, and …

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Foreign Firm Access To Japanese Distribution Systems: Trends In Japanese Antitrust Enforcement, Jiro Tamura Mar 1995

Foreign Firm Access To Japanese Distribution Systems: Trends In Japanese Antitrust Enforcement, Jiro Tamura

Washington International Law Journal

The Japanese substantive competition law is, in theory, very well equipped to prevent anticompetitive behavior that restricts competition. In reality, the JFTC has been weak in enforcing the law. The JFTC has been particularly weak in two areas, boycotts and non-price vertical restraints, making market entry difficult for foreign firms. In response to criticisms of weakness, the JFTC released the 1991 Guideline that states that boycotts may constitute an unreasonable restraint of trade and be subject to administrative surcharges and possible criminal sanctions. Despite the strengthening of the law against boycotts, no cases have been brought. Furthermore, the JFTC has …

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Introduction: The Future Of Chinese Law, Stanley B. Lubman Mar 1995

Introduction: The Future Of Chinese Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The interaction between the millennial dominant orientations of Chinese culture and the entire impact of modernization and of Marxism-Leninism is a story that is unfolding before our eyes, and we have no neat formula for predicting its outcome.

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Kodak And Aftermarket Tying Analysis: Some Comparative Thoughts, William R. Andersen Mar 1995

Kodak And Aftermarket Tying Analysis: Some Comparative Thoughts, William R. Andersen

Washington International Law Journal

This article examines three recent cases—one from the U.S. Supreme Court, one from the European Court of Justice and one from the High Court of Osaka—dealing with the antitrust implications of aftermarket tying arrangements. Tying occurs when the manufacturer of a machine refuses to sell spare parts to independent repair and service companies. The antitrust implications of tying will be of growing importance in the future as manufactured equipment becomes ever more complex and dependent on specialized repair parts and service. After an introductory review of conventional tying doctrine, the paper compares the approaches of the three courts, finding them …

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Ideology Between Fiction And Fantasy, Slavoj Zizek Mar 1995

Ideology Between Fiction And Fantasy, Slavoj Zizek

Cardozo Law Review

In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …

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Reinventing Labor Law: A Rejoinder, Tamara Lothian Mar 1995

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Cardozo Law Review

In an Article published recently in this journal, Stanley Gacek, an attorney working with the United Food and Commercial Workers International Union in the United States, takes issue with my analysis of the political consequences of corporatist and contractualist labor law models, especially as applied to the current situations in Brazil and the United States. Despite our many major disagreements, I welcome Gacek's response to my Article and his effort to expand public discussion of the alternative legal-institutional forms of democratic labor organization. Unfortunately, in the course of developing his own position Gacek seriously misrepresents my views. He also misunderstands …

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The 1991 Constitution Of Thailand, Ted L. Mcdorman Feb 1995

The 1991 Constitution Of Thailand, Ted L. Mcdorman

Washington International Law Journal

In December 1991, Thailand enacted its fifteenth constitution since the Thai military's overthrow of the absolute monarchy in 1932. As was the case with most of the previous Thai constitutions, the promulgation of the 1991 Thai Constitution was preceded by a military coup. Further conforming to Thailand's constitutional history and tradition, the coup-leaders, after suspending the 1978 Constitution, attempted to enact a new constitution legitimizing the military's role in the government. Yet they were less successful than in the past as is indicated by the substance of the 1991 Constitution and the events surrounding its enactment. The public became involved …

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Proposed Changes To Japanese And United States Patent Law Enforcement Systems, Marvin Mostenbocker Feb 1995

Proposed Changes To Japanese And United States Patent Law Enforcement Systems, Marvin Mostenbocker

Washington International Law Journal

Recent changes made to Japanese and American patent procedural laws have not addressed the contentious issue of patent enforcement. Purely technical decisions concerning patent rights and their enforcement need to be consistent between jurisdictions of each country. Courts of both countries are second guessing purely technical decisions of their patent offices and interfering with the smooth and predictable development of new technology and its associated rights. This particularly hurts noncitizen patentees who are unfamiliar with the particular legal customs of the other country. It is proposed that technical patent scope determination during Japanese patent infringement litigation be delegated to the …

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Past Is Present: Urban Real Property Rights And Housing Reform In The People's Republic Of China, William D. Soileau Feb 1995

Past Is Present: Urban Real Property Rights And Housing Reform In The People's Republic Of China, William D. Soileau

Washington International Law Journal

Since the early 1980s China has embarked on an ambitious program of reform in the systems of urban real property rights and allocation. In many respects, these reforms recall the policies of private property rights protection which prevailed in the early post-Liberation period of P.R.C. history, but which were subsequently abandoned in the Great Leap Forward and Cultural Revolution. In the intervening thirty years, however, the system of "public" urban housing ownership and allocation deteriorated to such an extent that no one—neither the state, its agents, nor private individuals—had sufficient incentives to increase or even preserve these resources. Faced with …

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Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker Jan 1995

Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker

UC Law SF International Law Review

This Article examines the legal challenge presented when civilians who accompany the United States military at its bases in foreign countries commit misconduct. American overseas posts have large numbers of civilian family members, U.S. employees, and contractors. The Article discusses the historical application of military law to such persons, recent proposals to extend Tire 18 of the United States Code to certain offenses committed by civilians overseas, and issues raised by proposed legislation.

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Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber Jan 1995

Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber

All Faculty Scholarship

No abstract provided.

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What The Principle Of Self-Determination Means Today, Mitchell A. Hill Jan 1995

What The Principle Of Self-Determination Means Today, Mitchell A. Hill

ILSA Journal of International & Comparative Law

The right of all peoples to self-determination has been one of the most vigorously promoted and widely accepted contemporary norms of international law. There is no clear consensus, however, as to what the meaning and content of that right is, and it has gained the distinction of "being one of the most confused expressions in the lexicon of international relations.

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Delimitation, Exploitation, And Allocation Of Transboundary Oil & Gas Deposits Between Nation-States, Thomas A. Reynolds Jan 1995

Delimitation, Exploitation, And Allocation Of Transboundary Oil & Gas Deposits Between Nation-States, Thomas A. Reynolds

ILSA Journal of International & Comparative Law

Liquid hydrocarbon deposits often extend across national frontiers in such a manner that an entire deposit may be exploited, wholly or in part, from either side of the boundary line. This "characteristic of liquid hydrocarbons has been a fundamental cause of disputes, conflicts, and even wars in many parts of the world.

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International Legal Sources And Global Environmental Crises: The Inadequacy Of Principles, Treaties, And Custom, Krista Singleton-Cambage Jan 1995

International Legal Sources And Global Environmental Crises: The Inadequacy Of Principles, Treaties, And Custom, Krista Singleton-Cambage

ILSA Journal of International & Comparative Law

The deterioration of the earth's physical environment presently represents a phenomenon which international society has never faced before. The current legal and political approach to global environmental crises appears largely inadequate as an effective response to this deterioration. International law, due to its very foundations, is unable to cope with global environmental degradation as it does not provide a clear and compelling direction for states to work collectively toward a common goal.

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Human Rights Provisions Of The U.N. Charter: The History In U.S. Courts, Jo L. Southard Jan 1995

Human Rights Provisions Of The U.N. Charter: The History In U.S. Courts, Jo L. Southard

ILSA Journal of International & Comparative Law

American law schools use appellate court decisions to teach the implementation and progression of the law. Typically, the first case in a series will stand for the proposition that a plaintiff is entitled to a certain right. A later case demonstrates that a subsequent plaintiff is also entitled to the right. After a number of cases are presented, the student is expected to understand the law, policy, doctrine or test that applies to situations revolving around the right.

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International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr. Jan 1995

International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

States universally claim access to authority and control over events and persons. States exercise power within their territories primarily to maintain and promote public order, protect their assets and wealth, and ensure the public safety. The end result of these actions is law. The operational element of law involves combinations invoking cooperation, reciprocity in treatment and behavior, and dispute management and settlement.

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