Comparative and Foreign Law Commons^™

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.

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …

The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote

Articles

Models for a criminal-justice system based on an ethos of rehabilitation and reintegration-such as Llewellyn's "parental" and Griffiths' "family" models-have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The Japanese criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about …

Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry

Articles

This Recent Development examines the increasing presence of cinematic rape in general-audience Indian films and discusses the potential cultural origins of the cinematic portrait of Indian women as chaste subordinates to men and as frequent subjects of violence. To account for this trend, this Recent Development outlines the legal guidelines governing Indian film censorship, and in particular the guidelines regulating sexuality. From this vantage point, the use of various suggestive cinematic techniques, including the regular portrayal of rape, may be seen as attempts by directors to circumvent government censure of kissing and other intimate relations on-screen. Finally, this Recent Development …

Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson

Scholarly Articles

When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …

An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland

Cardozo Journal of International and Comparative Law

The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …

Privatization And Economic Rights In Central Europe, Robert Jystad

Cardozo Journal of International and Comparative Law

The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …

Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski

Faculty Scholarship

Most recent studies of privatization in Eastern Europe focus on its impact on individual enterprises. In our previous work, we examined this issue from the viewpoint of the future corporate governance structure in Eastern Europe. The aggregate effects of privatization have been largely neglected, perhaps on the assumption that they have no particular bearing on how privatization is to be effected at the enterprise level. It is very important, however, to link the discussion of the various approaches to large-scale privatization with a consideration of other obstacles in the transition to a market economy. These obstacles, which include the weakness …

Foreword: The Constitution Of Responsibility, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

The American legal academy is decidedly nationalistic. Comparative law tends to be a minor part of the law school curriculum, and discussion of alternative legal systems almost never finds its way into mainstream courses like constitutional law. As a result, much that is distinctive about American constitutionalism, and the American legal system in general, is often taken for granted. The federal Constitution, for example, says much about governmental structure, power, and limitations, but virtually nothing about the obligations of citizens to one another or to the government.' This feature of the American Constitution starkly sets it apart from many of …

Lessons Of Founding Fatherhood, Neal Devins

Popular Media

No abstract provided.

Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers

Cardozo Law Review

No abstract provided.

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

The New Colombian Constitution: Democratic Victory Or Popular Surrender?, William C. Banks, Edgar Alvarez

University of Miami Inter-American Law Review

No abstract provided.

A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman

University of Miami Inter-American Law Review

No abstract provided.

Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo

Penn State International Law Review (1982 - 2011)

No abstract provided.

British Resistance To European Integration: An Historical And Legal Analysis With An Examination Of The United Kingdom's Recent Entry Into The European Monetary System, Allen Neely

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Glasnost And Perestroika At West Virginia University: The College Of Law's Soviet Exchange Program, Donald G. Gifford

West Virginia Law Review

No abstract provided.

Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin

Penn State International Law Review (1982 - 2011)

No abstract provided.

Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay

University of Miami Inter-American Law Review

No abstract provided.

Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay

University of Miami Inter-American Law Review

No abstract provided.

An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger

Indiana Law Journal

No abstract provided.

The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii

Washington and Lee Law Review

No abstract provided.

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader

Justice, Mercy, And Late Medieval Governance, Pat Mccune

Michigan Law Review

A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Eastern Europe: Observations And Investment Strategies, Marek Wierzbowski

Vanderbilt Journal of Transnational Law

It is my impression that right now an American lawyer has no problem getting acquainted with East European laws concerning foreign investment. There are so many translations now in this country that almost every new law is immediately translated into English. The American lawyer can get to this text at almost the same time as the East European lawyer can get to it.

So it is very easy to get acquainted with legal texts of the most important laws from the point of view of foreign investors, but there are some traps. And it is my impression that when lawyers …