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Articles 11941 - 11970 of 13717

Full-Text Articles in Comparative and Foreign Law

The Universal And The Particular In Legal Discourses, George P. Fletcher Jan 1987

The Universal And The Particular In Legal Discourses, George P. Fletcher

Faculty Scholarship

My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.


Introduction, Barbara Aronstein Black Jan 1987

Introduction, Barbara Aronstein Black

Faculty Scholarship

It is with great pride and pleasure that I welcome the appearance of the inaugural issue of the Journal of Chinese Law.


Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier Jan 1987

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.


History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein Nov 1986

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …


A History Of Injunctions In England Before 1700, David W. Raack Oct 1986

A History Of Injunctions In England Before 1700, David W. Raack

Indiana Law Journal

No abstract provided.


10 + 2 + 5: A Change In The Structure Of Indian Legal Education, Jill Cottrell Sep 1986

10 + 2 + 5: A Change In The Structure Of Indian Legal Education, Jill Cottrell

Journal of Legal Education

No abstract provided.


The Problem Of Mistake Of Law, Gunther Arzt Sep 1986

The Problem Of Mistake Of Law, Gunther Arzt

BYU Law Review

No abstract provided.


Is There A Rational Justification For Punishing An Accomplished Crime More Severely Than An Attempted Crime?, Bjorn Burkhardt Sep 1986

Is There A Rational Justification For Punishing An Accomplished Crime More Severely Than An Attempted Crime?, Bjorn Burkhardt

BYU Law Review

No abstract provided.


Justification And Excuse In Criminal Law: Theses And Comments, Winfried Hassemer Sep 1986

Justification And Excuse In Criminal Law: Theses And Comments, Winfried Hassemer

BYU Law Review

No abstract provided.


Problems Of Justification And Excuse In The Setting Of Accessorial Conduct, Hans-Ludwig Schreiber Sep 1986

Problems Of Justification And Excuse In The Setting Of Accessorial Conduct, Hans-Ludwig Schreiber

BYU Law Review

No abstract provided.


Imputation, Joachim Hruschka Sep 1986

Imputation, Joachim Hruschka

BYU Law Review

No abstract provided.


The Problem Of Mistake In Self-Defense, Gunter Stratenwerth Sep 1986

The Problem Of Mistake In Self-Defense, Gunter Stratenwerth

BYU Law Review

No abstract provided.


Causing The Conditions Of One's Own Defense: The Multifaceted Approach Of German Law, Joachim Herrmann Sep 1986

Causing The Conditions Of One's Own Defense: The Multifaceted Approach Of German Law, Joachim Herrmann

BYU Law Review

No abstract provided.


The Principle Of Interest Balancing As A General Basis Of Justification, Theodor Lenckner Sep 1986

The Principle Of Interest Balancing As A General Basis Of Justification, Theodor Lenckner

BYU Law Review

No abstract provided.


Insanity And Prevention: On Linking Culpability And Prevention In The Concept Of Insanity, Karl Lackner Sep 1986

Insanity And Prevention: On Linking Culpability And Prevention In The Concept Of Insanity, Karl Lackner

BYU Law Review

No abstract provided.


Soviet Divorce Laws And The Role Of The Russian Family, Michael D. Berger Sep 1986

Soviet Divorce Laws And The Role Of The Russian Family, Michael D. Berger

BYU Law Review

No abstract provided.


Survey Of Banking Laws And Policies In Hong Kong And Singapore, Jagjit Kaur Meetook Sep 1986

Survey Of Banking Laws And Policies In Hong Kong And Singapore, Jagjit Kaur Meetook

BYU Law Review

No abstract provided.


Statutory Appendix Sep 1986

Statutory Appendix

BYU Law Review

No abstract provided.


Japan's New Equal Employment Opportunity Law: Real Weapon Or Heirloom Sword?, Yamamoto Kaoru Sep 1986

Japan's New Equal Employment Opportunity Law: Real Weapon Or Heirloom Sword?, Yamamoto Kaoru

BYU Law Review

No abstract provided.


On The Limits Of "Grand Theory" In Comparative Law, William P. Alford Jul 1986

On The Limits Of "Grand Theory" In Comparative Law, William P. Alford

Washington Law Review

I am pleased that the American Association for the Comparative Study of Law has decided to focus upon the legal systems of East Asia this year, and flattered that Professor Dan Henderson, who has organized today's program, has asked me to speak about the question of "comparability" with respect to China. In so doing, Professor Henderson is clearly heeding Deng Xiaoping's message to turn to youth-albeit in this case, callow youth. Since he has been kind enough to do so, I hope that you will be equally kind in not blaming him for my remarks. This talk is dedicated to …


Postwar French Foreign Claims Practice: Adjudication By National Commissions-An Introductory Note, Burns H. Weston Jul 1986

Postwar French Foreign Claims Practice: Adjudication By National Commissions-An Introductory Note, Burns H. Weston

Indiana Law Journal

Symposium on International Procedures to Protect Private Rights


Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler Apr 1986

Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler

University of Miami Inter-American Law Review

No abstract provided.


Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green


Euthanasia For Sale?, A.W. Brian Simpson Apr 1986

Euthanasia For Sale?, A.W. Brian Simpson

Michigan Law Review

A Review of Easing the Passing: The Trial of Dr. John Bodkin Adams by Patrick Devlin


The Trials Of Israel Lipski, Blaine G. Renfert Apr 1986

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

A Review of The Trials of Israel Lipski by Martin L. Friedland


Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas Mar 1986

Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas

BYU Law Review

No abstract provided.


Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock Jan 1986

Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock

UC Law SF International Law Review

The factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates …


Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber Jan 1986

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

All Faculty Scholarship

No abstract provided.


Professor William J. Riegger, Francis Richard Walsh Jan 1986

Professor William J. Riegger, Francis Richard Walsh

UC Law SF International Law Review

No abstract provided.


The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz Jan 1986

The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz

UC Law SF International Law Review

International commercial arbitration has become increasingly popular in recent years in large part because it offers quicker and more convenient dispute resolution than litigation in a foreign nation. Nonetheless, arbitration, like litigation, presents knotty choice of law problems. This Article examines a variety of approaches currently used by arbitrators to select the law which will govern arbitration procedure. The competing interests of the international business community and the various sovereign nations seeking to control international arbitration are discussed.