Comparative and Foreign Law Commons^™

The Servants, Stephan Landsman

Michigan Law Review

A Review of Barristers' Clerks, the Law's Middlemen by John Flood

Remade In Japan, Jennifer Friesen

Michigan Law Review

A Review of Japan's Reshaping of American Labor Law by William B. Gould

The Black Book Of Polish Censorship, Michigan Law Review

Michigan Law Review

A Review of The Black Book of Polish Censorship translated and edited by Jane Leftwich Curry

Exclusionary Rules In France, Germany, And Italy, Walter Pakter

UC Law SF International Law Review

This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …

The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo

Maryland Series in Contemporary Asian Studies

No abstract provided.

Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher

UC Law SF International Law Review

Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.

The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel

UC Law SF International Law Review

The political and economic conditions existing in many heavily indebted less developed countries (LDC's) may be militating in favor of repudiation of international debts. This Note examines these political and economic factors in relation to international debt, as well as the role of the International Monetary Fund. The Note goes on to examine the current state of international law regarding state responsibility for injury to aliens, to ascertain what protection, if any, it may offer international lenders. The conclusion reached by this Note is that currently there is no generally accepted rule of international law governing the rights of aliens …

Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu

UC Law SF International Law Review

The Warsaw Convention limits recovery in litigation involving international aircraft accidents. Although the text of the Convention originally was drafted in French, United States courts generally rely on an English translation for interpretation. This Note illustrates potential difficulties based on the use of each of these versions and focuses on the concept of "mental anguish" and its diverging interpretations under the civil-law and common- law systems. The Note concludes that uniformity of interpretation is best served if the French legal meaning of any controverted term is treated as controlling.

State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton

UC Law SF International Law Review

The constitutionality of the states' use of tax apportionment method to tax income of multinational corporations has been disputed for some time. This Note considers the constitutional challenges advanced by domestic corporations with foreign affiliates and the solution provided by the United States Supreme Court. The Note then analyzes whether a different result is warranted in the case of a foreign parent corporation with domestic affiliates and whether congressional action is necessary to resolve the issue in the foreign commerce context.

International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum

UC Law SF International Law Review

Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in which an alien plaintiff alleges a violation of the law of nations. Two recent court of appeals cases present conflicting views of the Act's applicability to contemporary international human rights claims. The Note examines the issues raised by the statute's construction in this context, including the difficulty of ascertaining the precise content of customary international legal norms. It concludes that neither the political question doctrine, nor the absence of an explicit private right to sue in international law necessarily precludes a federal court …

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

Laker Airways: Recognizing The Need For A United States-United Kingdom Antitrust Treaty, Mark P. Barbolak

Penn State International Law Review (1982 - 2011)

This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.

The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article …

English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny

Cleveland State Law Review

In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …

Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh

Cleveland State Law Review

Shufah is an excellent example of the continuity of an Islamic institution and of the capacity of that institution for change. Although it is not, strictly speaking, a part of personal status law, which is said to be the only part of Islamic law that is being applied in Islamic countries, it has survived in a recognizable form. Islamic countries, in their attempts at law reform, have effected little change in the traditional law of personal states, only after heated discussions and controversy. On the other hand, profound changes were introduced into the traditional law of preemption with little controversy. …

Islamic Law And The Crime Of Theft: An Introduction, David F. Forte

Cleveland State Law Review

This Article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) whether theft in Islamic law properly belongs to the species of manifest criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many …

Formal Rationality In Islamic Law And The Common Law, John Makdisi

Cleveland State Law Review

Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …

Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …

International Arbitration, J. Sorton Jones

UC Law SF International Law Review

No abstract provided.

Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho

UC Law SF International Law Review

The 1980 Refugee Act was created to replace earlier ad hoc measures with a comprehensive refugee admissions program. To this end, the 1980 Refugee Act adopted a non-ideological refugee definition from the 1967 United Nations Protocol Relating to the Status of Refugees. Discriminatory patterns in refugee admissions persisted after 1980, however, due in part to procedural requirements incorporated from earlier immigration legislation and in part to State Department input into the newly created asylum procedures under the 1980 Act. The treatment afforded Salvadoran refugees demonstrates the continued ideological thrust of refugee admissions after 1980. This Note suggests an application of …

Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship

UC Law SF International Law Review

No abstract provided.

Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman

UC Law SF International Law Review

Throughout Anglo-American history those in government have sought to silence opposition. Public discussion and dissent, however, are essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironically, when public scrutiny is most needed, governments restrict the public access to information and the right to criticize governmental activities. This Article analyzes the English and United States governments' attempts to limit public access to information. Both systems recognize legitimate limitations on the right of access only when necessary to protect sensitive governmental functions. In England, however, the restriction is broader. Public access can be limited to protect …

Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray

Reviews

Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …

Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb

LLM Theses and Essays

Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi

Cleveland State Law Review

Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …

Islamic Family Law And Anglo-American Public Policy, David Pearl

Cleveland State Law Review

This Article discusses the response of the English judiciary and legislature to the differing expectations and norms of the Muslim community living in its midst. Although the emphasis is necessarily on the English experience, it is hoped that the problems and the reactions will have echoes on the other side of the Atlantic. England, perhaps more than the United States, enjoys an ecclesiastical entrenchment in historical terms. Little of this experience however should be left in the ongoing day to day reality of the administration of family law. This Article proposes that pluralism and diversity must be a central theme …

Comparative Commercial Law Of Egypt And The Arabian Gulf, Ian Edge

Cleveland State Law Review

Middle East countries have approached the problem of reforming civil and commercial laws by adopting laws which purportedly suit the needs of a modern, industrial society. This note will examine the countries of the Arabian peninsula, particularly Kuwait, Bahrain, Qatar, the United Arab Emirates, and Saudi Arabia, while making passing references to Jordan, Syria, Iraq, and Egypt. The thesis of the paper is that Egypt exercised and still continues to exercise a predominant position, practically, legislatively, and jurisprudentially in the Middle East, and particularly the Arabian peninsula. Consequently, the development and reform of civil and commercial law in the Middle …

The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq

Cleveland State Law Review

It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …

Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman

UC Law SF International Law Review

Third World nations have been attempting to balance foreign investment needs with the desire to both control economic development and retain the benefits of this development within their borders. Mexico and Cuba have recently enacted or revised their foreign investment laws. The Article examines these laws in detail and determines what balance these nations have struck between development and control and what compromises have been made. The Article then examines the Caribbean Basin Initiative to see what balance the United States, a capital exporter, finds optimal and to examine how the United States trade and investment laws differ both legally …