Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (5724)
- Constitutional Law (2080)
- Human Rights Law (1699)
- Criminal Law (1664)
- International Trade Law (1413)
-
- Administrative Law (1290)
- Courts (1208)
- Business Organizations Law (1142)
- Natural Resources Law (1112)
- Criminal Procedure (1086)
- Civil Law (978)
- Antitrust and Trade Regulation (968)
- Law and Society (885)
- Conflict of Laws (874)
- Internet Law (872)
- Rule of Law (860)
- Legal Education (855)
- European Law (842)
- Legislation (836)
- Intellectual Property Law (799)
- Legal History (786)
- Environmental Law (785)
- Energy and Utilities Law (760)
- Agriculture Law (758)
- Air and Space Law (734)
- Transnational Law (691)
- Commercial Law (675)
- Jurisprudence (673)
- Institution
-
- University of Michigan Law School (970)
- UC Law SF (917)
- Nova Southeastern University (910)
- University of Miami Law School (827)
- Universitas Indonesia (819)
-
- Yeshiva University, Cardozo School of Law (773)
- University of Washington School of Law (767)
- University of Georgia School of Law (732)
- Maurer School of Law: Indiana University (571)
- Florida International University College of Law (334)
- Seattle University School of Law (315)
- American University Washington College of Law (267)
- UIC School of Law (247)
- Notre Dame Law School (211)
- Brigham Young University Law School (201)
- Columbia Law School (190)
- Florida State University College of Law (190)
- BLR (186)
- University of Richmond (180)
- Penn State Dickinson Law (178)
- Schulich School of Law, Dalhousie University (168)
- Chicago-Kent College of Law (154)
- Brooklyn Law School (138)
- University of Colorado Law School (132)
- Saint Joseph University of Beirut (130)
- William & Mary Law School (129)
- Association of American Law Schools (128)
- University at Buffalo School of Law (126)
- Washington and Lee University School of Law (123)
- Pepperdine University (117)
- Keyword
-
- Comparative law (382)
- United States (373)
- International law (300)
- Comparative and Foreign Law (286)
- International Law (282)
-
- China (257)
- Human rights (237)
- European Union (211)
- Comparative Law (193)
- Canada (188)
- Law (163)
- England (159)
- Germany (154)
- Japan (147)
- Laws (145)
- Cuba (139)
- Corporations (135)
- Jamaica (134)
- United Kingdom (133)
- Globalization (132)
- History (132)
- France (123)
- India (121)
- Constitutional law (114)
- South Africa (112)
- Constitutional Law (111)
- WTO (107)
- Australia (103)
- Law reform (99)
- Courts (95)
- Publication Year
- Publication
-
- ILSA Journal of International & Comparative Law (908)
- UC Law SF International Law Review (890)
- Jurnal Hukum & Pembangunan (729)
- Washington International Law Journal (568)
- Georgia Journal of International & Comparative Law (567)
-
- Faculty Scholarship (565)
- University of Miami Inter-American Law Review (435)
- Articles (354)
- Michigan Law Review (353)
- University of Miami International and Comparative Law Review (320)
- Seattle University Law Review (270)
- Cardozo International & Comparative Law Review (223)
- Indiana Journal of Global Legal Studies (219)
- ExpressO (181)
- Michigan Journal of International Law (178)
- Richmond Journal of Global Law & Business (167)
- Florida State University Journal of Transnational Law & Policy (166)
- BYU Law Review (165)
- Notre Dame Journal of International & Comparative Law (165)
- Articles by Maurer Faculty (154)
- All Faculty Scholarship (147)
- Cardozo Law Review (139)
- Proche-Orient, Études juridiques (130)
- Jamaica (128)
- Journal of Legal Education (128)
- Faculty Publications (122)
- LLM Theses and Essays (113)
- UIC Law Review (111)
- Penn State International Law Review (1982 - 2011) (108)
- Cardozo Journal of International and Comparative Law (103)
- Publication Type
- File Type
Articles 11881 - 11910 of 13717
Full-Text Articles in Comparative and Foreign Law
The Triumph Of Justice, Stephan Landsman
The Triumph Of Justice, Stephan Landsman
Michigan Law Review
A Review of The Affair: The Case of Alfred Dreyfus
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
The Universal And The Particular In Legal Discourse, George P. Fletcher
The Universal And The Particular In Legal Discourse, George P. Fletcher
BYU Law Review
No abstract provided.
Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch
Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch
BYU Law Review
No abstract provided.
The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato
The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato
BYU Law Review
No abstract provided.
Corporate Extortion In Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom
Corporate Extortion In Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom
BYU Law Review
No abstract provided.
Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks
Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks
BYU Law Review
No abstract provided.
Freedom Of Speech, Melissa H. Maxman
Freedom Of Speech, Melissa H. Maxman
Michigan Law Review
A Review of Freedom of Speech by Eric Barendt
The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins
The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins
Cardozo Law Review
No abstract provided.
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
Articles
In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …
Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein
Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein
UC Law SF International Law Review
The Soviet and American bodies of law on religion are similar in some respects, despite drastically different ideological and political foundations. This Article compares Soviet and American law on religion. It first compares the common law system used by the United States to the civil law system of the Soviet Union. It next examines the politics, ideologies and traditions underlying Soviet and American law on religion and provides a general look at the rights afforded to individuals. The discussion highlights the similarities and differences between Soviet constitutional guarantees and American first amendment rights. It points out that the texts of …
Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon
UC Law SF International Law Review
In June 1984 an administrative body of the Israeli legislature voted to bar two parties from participating in the July 1984 parliament elections. The Committee banned the parties because they were "antistate" and "antidemocratic." In Naiman v. Chairman of the Central Elections Committee, the Israeli Supreme Court unanimously reversed the Committee and allowed both parties to run. This Article first discusses the background to the Naiman case and then considers in detail the separate opinions of the justices. The Article next summarizes the ways in which the United States and Germany (the only two states with comparable systems and significant …
Law And The Abuse Of Economic Power In Europe, David J. Gerber
Law And The Abuse Of Economic Power In Europe, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
Maryland Series in Contemporary Asian Studies
No abstract provided.
United States Antiboycott Laws: An Assessment Of Their Impact Ten Years After Adoption, Howard N. Fenton Iii
United States Antiboycott Laws: An Assessment Of Their Impact Ten Years After Adoption, Howard N. Fenton Iii
UC Law SF International Law Review
Since 1945, Arab states have prohibited trade with Israel. In the mid-1970s the sudden economic leverage of the countries participating in this boycott forced the United States to confront the asserted jurisdiction over American businesses. Concerned with the extraterritorial impact of the Arab boycott, Congress enacted two antiboycott laws. This Article adopts a new four-part analysis of boycott participation by American firms. Then, it examines the history of the Arab boycott and the United States government's responses, including the Arab reaction to the antiboycott laws and the record of the United States agencies responsible for enforcing the laws. The author …
New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith
New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith
Law Faculty Publications
No abstract provided.
A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud
A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud
UC Law SF International Law Review
The impact of the United States' Tax Reform Act of 1986 has been significant. The Act has created a favorable tax environment that may well stimulate increased foreign investment in the United States. This Article sets out the fundamentals of the income, estate, and gift taxation of nonresident alien individuals and their estates under the Act. The Article first provides an analysis of the question of residence, as taxation varies considerably depending upon an alien's classification. 'The author further discusses the applicable tax bases, withholding requirements, and planning considerations. Finally, the author concludes that the income tax rules generally encourage …
The Foreign Sovereign Immunities Act: The Relationship Between The Commercial Activity Exception And The Noncommercial Tort Exception In Light Of De Sanchez V. Banco Central De Nicaragua, Stella Havkin
UC Law SF International Law Review
Sovereign immunity permits a government and its agents to claim immunity from prosecution in the courts of other nations. In 1976 the United States enacted the Foreign Service Immunities Act adopting a restrictive sovereign immunity policy. This Act included two exceptions under which a foreign sovereignty can be denied immunity: the commercial activity exception and the noncommercial tort exception. The Fifth Circuit Court of Appeals in De Sanchez v. Banco Central de Mexico recently announced new tests to determine the application of both exceptions. This Note analyzes the two exceptions and their past interpretation by the courts. It then discusses …
A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber
A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber
UC Law SF International Law Review
Extradition treaties and international conventions have often proved ineffective as remedies against terrorism due to the "political offenses" exception which they often contain. This exception forbids the granting of any extradition request when the crime for which the accused is sought is "political in character and purpose." Due to widely varying interpretations of this exception, terrorists often escape justice simply by traveling to another country. This Note examines the policies underlying the political offenses exception and sets forth the interpretations given it by British, French, Swiss and United States courts. Drawing upon the approaches of these courts and a United …
Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli
Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli
UC Law SF International Law Review
Since 1961, exploration of Antarctica has been governed by the 1959 Antarctica Treaty. The treaty suspended territorial claims to the region for thirty years, declared the area a demilitarized and nuclear-free zone, and encouraged scientific cooperation among its parties. There is now evidence that the region contains valuable minerals, petroleum and natural gas. The treaty will soon expire and there are many parties interested in developing the possible wealth of the region. Unresolved issues of sovereignty and resource development must now be resolved. This Note discusses possible approaches to the problem of ownership, including the two major theories of "exclusive …
New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han
New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han
UC Law SF International Law Review
Since 1978 the People's Republic of China has permitted foreigners to invest in domestic enterprises. While foreign investors were initially enthusiastic about entering the Chinese market, enthusiasm turned to disappointment when they discovered the realities of doing business in China. The problems experienced by the foreigners have included shortages of foreign exchange, high input costs, unpredictable tax treatment, and bureaucratic errors. In an attempt to alleviate some of these problems, the Chinese Government recently enacted the State Council Regulations Concerning Encouragement of Foreign Investment. Following the lead of the national government, regional governments have also adopted rules to encourage foreign …
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Penn State International Law Review (1982 - 2011)
There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …
Entering China Through The Sez Open Door, William N. Post Ii
Entering China Through The Sez Open Door, William N. Post Ii
UC Law SF International Law Review
One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …
Licensing In China: Practical Considerations And Tax Implications, Arthur Ho
Licensing In China: Practical Considerations And Tax Implications, Arthur Ho
UC Law SF International Law Review
The opening of the People's Republic of China to foreign investors has provided significant benefits: China has received aid in its plan for economic modernization and foreign companies have discovered new opportunities for trade and investment. Foreign investments generally have taken one of two forms: equity joint ventures and cooperative joint ventures. This Article first explains and compares the workings of and tax rules applicable to these two forms of investment. The author then notes that, because of the emphasis of the Chinese on the transfer of technology, direct investment is often preceded by licensing agreements. The author provides practical …
Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy
Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy
UC Law SF International Law Review
This Article explores the discretionary powers exercised by the executive branch in the field of international trade. It initially describes the discretionary powers of the executive branch under United States trade laws. The Article then turns to a consideration of the executive branch's power to negotiate voluntary trade restraint agreements with foreign trading partners. The author asserts that these negotiations are undertaken without congressional delegation of power; the executive branch is thus engaging in unconstitutional acts. Finally, the author considers several proposals for modifying trade relief law to properly restore congressional responsibility.
Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan
Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan
UC Law SF International Law Review
Governments often impose trade related investment measures (TRIMs) on foreign investors in local manufacturing ventures. These controls are designed to benefit the host country, often to the detriment of the foreign company's home country. This Article initially describes the problems associated with the use of TRIMs. It then discusses various international solutions being considered to curtail the use of TRIMs. Finally, the authors analyze current and proposed measures to strengthen GATT coverage of TRIMs. The authors conclude with a study of the effect of new international TRIM measures on socialist countries.
Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder
Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder
UC Law SF International Law Review
Traditional conffict of law rules generally dictate the application of the law of the jurisdiction where a tort has occurred. This procedure, however, may bar recovery to employees living in American corporation enclaves in countries that do not afford viable remedies to tort victims. This Note first examines the nature of expatriate enclaves in foreign nations. Next, the Note focuses on the difficulties in determining standards for deciding claims that arise out of relations within the enclaves. The author compares American and Saudi Arabian laws and their underlying principles and finds that application of Islamic common law may often result …
The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell
The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell
UC Law SF International Law Review
Wholly foreign-owned business enterprises have been allowed in the People's Republic of China since 1980, but the Chinese Government did not promote their use. This situation changed in 1986, when the Government promulgated the Foreign Enterprises Law, which provided the legal framework for establishing foreign enterprises without a Chinese partner. This Note examines the Law's effectiveness in expanding foreign economic cooperation. It initially discusses the background of equity joint ventures and wholly foreign-owned enterprises in enterprises in China. The Note then examines the Law in depth to determine if its implementation will encourage foreign investors to establish wholly owned enterprises …
Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen
Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen
UC Law SF International Law Review
The past decade has been a period of expanding opportunities for foreign companies wishing to conduct business in the People's Republic of China. Nonetheless, many pitfalls remain for businesses unprepared to deal with the current legal, business, and social climates in China. This Article outlines some of the factors that should be considered by attorneys when planning business and negotiation strategies for foreign businesses. The author analyzes such issues as the amount of documentation required for commercial transactions, the effects of the Chinese bureaucracy, and the role of attorneys in negotiations. The author also discusses negotiation strategies, including the formation …
Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco
Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco
UC Law SF International Law Review
The Chinese Government now encourages equity joint ventures to attract foreign investors. There is some uncertainty on the part of investors, however; while large numbers of businesses are seeking joint venture contracts, current investors are considering leaving China. This Article provides an assessment of the status of equity joint ventures for the foreign investor. It first considers the cultural context in which agreements with Chinese entities must be approached. The author asserts that a potential investor must try to understand China's deep-rooted reservations about Western thought and practice and the pervasive influences of Chinese tradition. The author then discusses the …