Comparative and Foreign Law Commons^™

The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg

UC Law SF International Law Review

No abstract provided.

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Compelling Disclosure By A Non-Party Litigant In Violation Of Foreign Bank Secrecy Laws: Recent Developments In Canada-United States Relations, Jean-Gabriel Castel

Articles & Book Chapters

The question whether Canadian or American courts should enforce their laws in a manner that respects the laws of friendly sovereign states has recently been examined by the Supreme Court of Canada and the United States Court of Appeals for the Eleventh Circuit. Their decisions will be the object of this note in the light of recent developments in Canada-United States relations in the area of legal assistance in civil and criminal matters.

Often our courts are asked to compel a person not a party to the litigation or investigation to produce documents or give evidence in Canada when to …

The Problem Of Offer And Acceptance: A Study Of Implied-In-Fact Contracts In Islamic Law And The Common Law, Aron Zysow

Cleveland State Law Review

Every student of Islamic law is familiar with the formation of contract by offer (jdb) and acceptance (qabud). Of the rules of jdb and qabul one can quote Karl Llewellyn's statement about their common law counterparts: they "have been worked over; they have been written over; they have been shaped and rubbed smooth with pumice, they wear the rich deep polish of a thousand classrooms."' The apparent prominence of offer and acceptance in the two legal systems, however, should not mislead one into seeing similarity where there is significant difference. Some of these differences are the subject of this paper. …

The Draft Restatement: A Critique From A Securities Regulation Perspective, Douglas C. Michael, Daniel L. Goelzer, Jacob H. Stillman, Elisse B. Walter, Anne H. Sullivan

Law Faculty Scholarly Articles

For the past several years, the American Law Institute has been preparing a proposed revision of the Restatement (Second) of the Foreign Relations Law of the United States (“Draft Restatement”). This article is a critique from a securities regulation perspective of the Draft Restatement's sections 402, 403, 416, 418, 419, 420 and 431.1 In short, the Draft Restatement departs substantially from existing law. It would add dangerous vagueness and uncertainty to the jurisdictional analysis used to determine whether the United States securities laws will be applied to transnational securities activities. In particular, the complicated balancing inquiry required under the Draft …

Perfil Histórico Del Iv Presidente De Cuba Republicana, Néstor Carbonell Cortina

Mario Diaz Cruz Pamphlets

Alfredo Zayas y Alfonso

Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz

Michigan Journal of International Law

Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can …

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.

The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel

LLM Theses and Essays

Antidumping and countervailing legislation contain two tests. First, is the import product dumped or subsidized? Second, is it causing injury to the domestic producers? The latter test, which is the most controversial in the history of antidumping and countervailing legislation, is, in a comparative perspective between the EEC and the USA, the focus of this thesis.

Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn

LLM Theses and Essays

This paper will examine regulations relating to transactions by foreigners in the United States securities markets and compare with investor protection in the U.K. and Thailand. It will also examine the manner in which the U.S. seeks to control extraterritorial securities transactions.

Introduction, John Makdisi

Cleveland State Law Review

No abstract provided.

Foreign Experiences Toward The Development Of A National Legal Information Center, Claire M. Germain

Cornell Law Faculty Publications

This comparative study discusses whether selected foreign countries--Canada, the United Kingdom, France, and the Federal Republic of Germany--have a history of a movement toward the establishment of a national information center. The author examines the development of existing law libraries and libraries with large legal collections, analyzes the role played by the national library of each country, and describes some cooperative accomplishments at the regional and national level. Comparisons are drawn with what is expected of a national legal information center in the United States.

Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau

Faculty Scholarship

With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …

Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers

Journal Articles

In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman

Faculty Scholarship

American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneous – ethnically, racially, linguistically,and geographically – than those of the mother country. It thus seems no accident that India's constitutional structure parallels that of the United States in so many ways. For example, India has a written constitution that embodies principles of federalism and separation of powers, and that provides for judicially enforced guarantees of individual rights. …

Let It Bleed: The Federal Preemption Doctrine And The Sale Of Blood Plasma, Michael L. Perlin

Other Publications

No abstract provided.

Review Of Njáls Saga: Rechtsproblematik Im Dienste Soziokultureller Deutung, William I. Miller

Reviews

There is little recommend this book. It is ill-conceived and poorly executed. The author's thesis is that the saga-writer intentionally distorted and varied his presentation of the law of the lawbooks in order to show a society being destroyed by uncontrolled egoism, pride, and envy, a society characterized by willful arbitrariness, disorder, and disarray, with few rules to respect and little respect for the few rules that were there. The validity of the thesis is never really tested because the law which the saga-writer distorts is not even minimally established, nor for that matter is the law the saga-writer does …

The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori

Washington Law Review

This article focuses on the Japanese Supreme Court's exercise of its power of judicial administration. The article places special emphasis on the management of the judiciary and on rulemaking, both quite novel to the Japanese court.

At Long Last A Portuguese-English/English-Portuguese Legal Dictionary: Dicionário Jurídico-Law Dictionary By Maria Chaves De Mello, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler

University of Michigan Journal of Law Reform

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.

In Memoriam -- Alfred Frank Crotti, Rafael C. Benitez, Thomas R. Ewald, Richard A. Hausler, Bernard H. Oxman, Naseem K. Sayed, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Mexico's Foreign Exchange Controls. Two Administrations-Two Solutions. Thorough And Benign, Ignacio Gomez-Palacio

University of Miami Inter-American Law Review

No abstract provided.

Towards A United Kingdom Bill Of Rights, Francis G. Jacobs

University of Michigan Journal of Law Reform

The United Kingdom has no fundamental constitutional instrument. It is in that respect almost unique. Instead it has a fundamental constitutional doctrine: the doctrine of the sovereignty of Parliament. The first paradox of the United Kingdom constitution is that no rules have a constitutional status.

The doctrine of Parliamentary sovereignty entails that all the constitutional rules that, in other countries, would be set out in a constitution are, in the United Kingdom, contained in Acts of Parliament-or in the common law, or in unwritten constitutional conventions or custom; and that any such rules, whether statutory or not, can be repealed …

An Insider's Perspective On The Significance Of The German Criminal Theory's General System For Analyzing Criminal Acts; Foreign Law, Wolfgang Naucke

BYU Law Review

No abstract provided.

A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson

BYU Law Review

No abstract provided.

Fixed Shares In Intestate Distribution: A Comparative Analysis Of Islamic And American Law, John Makdisi

BYU Law Review

No abstract provided.

The Swedish Ban Of Corporal Punishment, Dennis Alan Olsen

BYU Law Review

No abstract provided.

Antitrust Sanctions And Remedies: A Comparative Study Of German And Japanese Law, John O. Haley

Washington Law Review

The legal systems of the Federal Republic and Japan have much in common. The basic institutions and concepts of German civil, criminal, and administrative law provided the principal models for Japan's legal reforms during the late nineteenth and early twentieth centuries. Contemporary legislation and doctrinal changes in the Federal Republic also continue to influence Japanese legal developments. Despite the American origins of Japanese antitrust legislation, which was drafted by Americans and imposed during the Occupation on a less than enthusiastic Japanese government, the influence of German law and practice on Japanese antitrust law, at least since 1953, has been profound. …