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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
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
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
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
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
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
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
Is There A Rational Justification For Punishing An Accomplished Crime More Severely Than An Attempted Crime?, Bjorn Burkhardt
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
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
Problems Of Justification And Excuse In The Setting Of Accessorial Conduct, Hans-Ludwig Schreiber
BYU Law Review
No abstract provided.
Imputation, Joachim Hruschka
The Problem Of Mistake In Self-Defense, Gunter Stratenwerth
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
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
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
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
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
Survey Of Banking Laws And Policies In Hong Kong And Singapore, Jagjit Kaur Meetook
BYU Law Review
No abstract provided.
Japan's New Equal Employment Opportunity Law: Real Weapon Or Heirloom Sword?, Yamamoto Kaoru
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
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
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
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
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
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
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
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
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
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
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
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.