Comparative and Foreign Law Commons^™

Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway

Articles

In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …

Toward A Law Of Public Access To Government Information In Mexico, Carmen Quintanilla-Madero

University of Miami Inter-American Law Review

No abstract provided.

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Constitutional Law (Kempo), Jutta Brunnée

Dalhousie Law Journal

In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.

China's Reforms And Her External Relations, Arthur W. Hummel Jr.

BYU Law Review

No abstract provided.

Observations On The Importance Of Law In China, Stephen B. Young

BYU Law Review

No abstract provided.

Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine

BYU Law Review

No abstract provided.

An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener

BYU Law Review

No abstract provided.

The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin

BYU Law Review

No abstract provided.

A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu

BYU Law Review

No abstract provided.

Investment And Export Contracts In The People's Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman

BYU Law Review

No abstract provided.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Normative Dominance Of Consensus, Joseph Sanders

Journal of Legal Education

No abstract provided.

Abortion And Divorce In Western Law, Sara J. Vance

Michigan Law Review

A Review of Abortion and Divorce in Western Law by Mary A. Glendon

Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund

Michigan Law Review

A Review of Japan's High Technology Industries: Lessons and Limitations of Industrial Policy edited by Hugh Patrick

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent

Legal Aspects Of The Argentine Price Control Regulations, Fernando C. Aranovich

University of Miami Inter-American Law Review

No abstract provided.

The James Mccormick Mitchell Lecture—Language As Violence V. Freedom Of Expression: Canadian And American Perspectives On Group Defamation, Alan Borovoy, Kathleen Mahoney, Barry Brown, Jamie Cameron, Mari Matsuda, David Goldberger

Buffalo Law Review

No abstract provided.

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …

An America's Cup For Tort Reform? Australia And America Compared, Jeffrey O'Connell, David Partlett

University of Michigan Journal of Law Reform

The issue of tort reform has descended from Ivory Towers to populist politics. A few years ago no one could have predicted that "tort reform" would become political argot and a stirring election slogan. Some in the United States see the tort crisis and the stimulus for reform as somehow uniquely American. This Article shows instead that many advanced, industrialized societies are discussing tort reform initiatives actively. The precise nature of the problems, the reasons for reform, and the shape of solutions will be fashioned by indigenous culture, tradition, and the uncertainties of politics. In the common-law world, however, a …

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

The Teaching Of Latin American Legal Systems In U.S. Law Schools, Alejandro M. Garro

Journal of Legal Education

No abstract provided.

Mythical Stereotypes-Dealing With Mexico As A Lawyer, Michael Wallace Gordon

Journal of Legal Education

No abstract provided.

Constitutionalism In Asia: Asian Views Of The American Influence, Lawrence W. Beer

Maryland Series in Contemporary Asian Studies

No abstract provided.

Constitutionalism In The Americas: A Bicentennial Perspective, Robert S. Barker

Barker Papers

No abstract provided.

Treaties And Nationalization: The People's Republic Of China Experience, Jay S. Laifman

UC Law SF International Law Review

American investors have invested over ten billion dollars in the People's Republic of China. Further investment, however, has been slowed by fears that the Chinese Government could nationalize American assets in China. These fears are based on past occurrences when political instability or international disagreements have led to nationalization of foreign assets by the Chinese. This Note examines the likelihood that the People's Republic of China would nationalize foreign assets in the future and proposes treaty terms that would protect American investors without offending Chinese sensibilities. The author suggests that future United States-China trade treaties should contain more explicit language …

Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman

UC Law SF International Law Review

This Article presents a discussion of various structural tax issues that a Japanese company should consider when acquiring or starting a business in the United States. Its purpose is to offer tax planning ideas which will allow Japanese investors to minimize United States and Japanese taxes without unduly altering nontax considerations. The Article begins by examining the tax implications of operating through a United States subsidiary versus a branch. It then discusses the purchase of a United States business, focusing on the pros and cons of both stock and asset acquisitions. In conclusion, it considers the following areas: structuring the …

The South African Judicial Order And The Future: A Comparative Analysis Of The South African Judicial System And Judicial Transitions In Zimbabwe, Mozambique, And Nicaragua, Heinz J. Klug

UC Law SF International Law Review

South African courts function as an integral part of the apartheid system, enforcing apartheid legislation on the one hand while suppressing resistance by the black majority on the other. First, this Note analyzes the existing judicial order in South Africa focusing on its development in the context of the apartheid system. Second, this Note compares the experiences of judicial transformation following political revolutions in Zimbabwe, Mozambique, and Nicaragua.. The comparison serves to identify how different factors, including varying forms of political transformation and social resources available to a new government, produce constraints and stimuli to judicial transformation. Finally, this Note …