Comparative and Foreign Law Commons^™

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Judicial Responsibility In Italy: A New Statute, Ugo Mattei

Faculty Scholarship

No abstract provided.

Freedom In Eastern Europe And The Spread Of Hiv/Aids: The Unnoticed Story, 1 Touro J. Transnat'l L. 307 (1990), Michael L. Closen, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …

Comparative American Judicial Systems, Jeffrey A. Parness

University of Richmond Law Review

Far too often when we discuss American courts and their judicial systems, we take little note of the significant differences in the ways in which cases are handled and law is practiced. We probably contemplate the dichotomy between trial and appellate courts; between rural and urban courts; between general and special jurisdiction courts; between state and federal courts; between courts with elected and selected judges; and between civil and criminal courts. We also surely contemplate the differences in attitudes, work habits, ideology, staff and the like which separate individual judges, and we inevitably contemplate the divergent judicial approaches to the …

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta

Michigan Journal of International Law

The subject of children's rights has been dealt with both directly and indirectly in a number of international legal instruments over the years. Initially, there were differences concerning the need for a Convention over and above the already existing legislation. Some countries felt that children should not be treated as a category set apart from other human beings and thereby be the object of a separate legal document. On the other hand, countries in favor of a Convention wanted to create a single legal instrument which would take into account children's requirements on a universal scale. They also saw the …

The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia

Michigan Journal of International Law

This article will address how it has been possible that the same Court, interpreting the same Constitution and facing the same problems, has come to such contradictory conclusions, and will assess the impact of such conclusions on the institutional relationship between the EC and Italy.

Comparative South American Civil Procedure: The Chilean Perspective, Richard B. Cappalli

University of Miami Inter-American Law Review

No abstract provided.

Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson

Law Faculty Articles and Essays

This Article initially will compare the United States Constitution and the British constitution both to evaluate Young, Morrison, and Misretta, and to develop a sounder approach to all structural issues. Comparative constitutional law provides some of the "experience" needed to decide abstract structural cases. Predicting the reverberations of a proposed change within a system will be easier if one has studied how similar alterations have affected similar organizations. The British constitution is particularly germane because it was a model for the American Constitution. The two countries have a shared legal tradition and frequently generate similar positive law. The British constitution …

Getting Left Behind: The Impact Of The 1986 Immigration Reform And Control Act Amnesty Program On Single Women With Children, Diane M. Bessette

UC Law SF International Law Review

After ten years of debate about immigration law reform, the United States Congress passed the Immigration Reform and Control Act of 1986 (IRCA). The IRCA includes a section offering amnesty, or legal residence status, to undocumented persons who can establish actual residence in the United States since 1982. This Note examines one aspect of the amnesty application process, the public charge exclusion, and its impact on single women with children. The first section explains the challenges faced by single immigrant women with children through the story of one woman who applied for the IRCA amnesty. The Note then reviews the …

A Comparative Introduction To Japanese &(And) United States Wrongful Termination Law, S. Maya Iwanaga

UC Law SF International Law Review

Business relations between the United States and Japan have led to an increasing exchange of employees. However, United States and Japanese citizens who find themselves within the other's employment system are often confused as to what actions are proper in the employment termination setting. This Note presents an overview of Japanese and United States wrongful termination laws. The Note then highlights the similarities and differences between the two countries' approaches and evaluates the evolution of United States employment law towards a Japanese just cause system.

The Impact Of 1992 On United States Export Control Laws, Giovanna M. Cinelli

UC Law SF International Law Review

United States export control laws govern the majority of trade in dual use and defense related items and services between the United States and its major trading partners. The present system requires licenses and reexport authorization for the goods which are traded. For several years, however, United States trading partners have objected to the reach of these laws and United States industry has complained of the competitive disadvantage to which these laws subject many international companies. The onset of the economic integration of Europe, an integration which will result in the world's largest market, has refocused United States congressional and …

Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco

UC Law SF International Law Review

This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.

The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood

UC Law SF International Law Review

The future of the United States lies in one of its most important resources: its children. Child care plays a key role in the development of this resource. However, we face a child care crisis in the United States: both in terms of costs and quality. This Note, in an effort to address the high costs of child care, discusses the Child Care Tax Credit in the United States, a federal program designed to provide tax relief for working parents who incur child care expenses. A discussion of the Canadian tax approach to child care expenses and a comparison of …

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

Articles

No abstract provided.

Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Duty Of Directors To Non-Shareholder Constituencies In Control Transactions: A Comparison Of U.S. And U.K. Law, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie

Penn State International Law Review (1982 - 2011)

This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …

The Jurisprudence Of Constitutional Law: The Philosophical Origins And Differences Between The Western Liberal And Soviet Communist State Law, Ziyad Motala

Penn State International Law Review (1982 - 2011)

This article will examine the philosophical notions of a constitution and a state system from a historical perspective. It will highlight the different philosophical bases of state law and the purpose the constitution is meant to serve under the two divergent orders. The approach will be descriptive and comparative. The purpose of this work is not (in the words of Christopher Osakwe) to pass off a political opinion about the desirability of one or the other legal systems. Instead, the essential focus will be to examine the jurisprudence underlying the constitutional systems, and the different uses that constitutions perform in …

Dictionary Developments: Book Review, Daniel H. Foote

Book Reviews

English-Japanese: The Dictionary of Anglo-American Law, published by the University of Tokyo Press, represents a tremendous achievement. Its publication in 1991 culminated a'seven-year effort in which more than fifty leading Japanese scholars actively participated. These included specialists in a wide range of fields, not just professors of Anglo-American law. The effort was overseen-and a heavy share of the work borne by-a seven-member Editorial Committee, which held more than 150 meetings in the process of preparing the dictionary. Based on accounts I have received from many of the professors who participated in the project, however, it is clear that the …

Civil Procedure Reform In Japan, Takeshi Kojima

Michigan Journal of International Law

Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …

Translation Of Legal Texts: Three English Versions Of The Swiss Federal Statute On Private International Law, Walter König

Michigan Journal of International Law

Working with translated legal materials can be frustrating and treacherous. Lawyers who are regularly forced to do this soon realize their limitations and end up wishing they had taken the trouble to study the original language. They also appreciate the difficulties confronting the translator. Mastery of the languages involved is necessary, but not sufficient, particularly where the user of a translation expects a literal translation, the legal systems of the starting languages and target language differ fundamentally and the subject matter is highly abstract.

The French Declaration Of The Rights Of Man And Citizen And The American Constitutional Development, Rett R. Ludwikowski

Scholarly Articles

The thorough examination of the influence of the French Declaration of the Rights of Man and Citizen on constitutions has long awaited proper implementation. The importance of the French act has never been questioned but its multi-sided impact has not been satisfactorily evaluated.

With respect to the American Constitution, this problem merits a specially comprehensive study. Although the American and French politics at the end of the eighteenth century were carefully examined, the links between the constitutional developments of both countries has never been researched exhaustively. The reasons seem to be threefold. First, with exception of the American Constitution, the …

Democracy, Counterinsurgency, And Human Rights: The Case Of Peru, Angela Cornell, Kenneth Roberts

Cornell Law Faculty Publications

The wave of authoritarianism that swept over Latin America in the 1960s and 1970s focused international attention on the human rights violations committed by military dictatorships. As most Latin American nations experienced transitions to democratic rule in the 1980s, hopes were raised that human rights would be more widely respected. Nevertheless, it is questionable whether a regime change from dictatorship to democracy necessarily entails renewed respect for human rights. Does redemocratization represent a fundamental change in the exercise of political authority—that is, in relations between the state and civil society—or are there conditions under which democratic institutions and constitutional norms …

L'Estoppel Et La Protection De La Confiance Légitime: Eléments D'Un Renouveau Du Droit De La Responsabilité (Droit Anglais Et Droit Français), Olivier Moréteau

Journal Articles

When studied in its historical dimension, the English doctrine of estoppel does not anymore appear like a rule of evidence but like a rule of substantive law. It precludes a person from denying a representation he has made whenever another person has been detrimentally relying on the truth of this representation. Estoppel can then be featured as a key concept taking place at the core of the law of obligations, together with the notions of tort, contract, and restitution. Within this province of the law, judges protect the reliance of parties reasonably acting on the faith of other parties’ conduct …

Art Forgery And Copyright Law: Modifying The Originality Requirement To Prevent The Forging Of Artworks, Judith M. Nelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson

Scholarly Works

This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …

West German Constitutionalism And Church-State Relations, Donald P. Kommers

Journal Articles

The complex structure of church-state relations in West Germany arises out of numerous provisions of the Basic Law that combine features of both separation and accommodation. The Basic Law's separationist features are expressed in various guarantees of religious liberty and in the ban on the establishment of a state church. Its accommodationist features appear in constitutional provisions on religious education as well as in articles, taken over from the Weimar Constitution, that confer upon the established churches a special juridical status enjoyed by no other nongovernmental entity. The arguably diverse goals of the religion clauses are difficult to reconcile, creating …

Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc

LLM Theses and Essays

Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …