Comparative and Foreign Law Commons^™

A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger

Faculty Articles

The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …

The Writ Of Amparo In Latin America, Hector Fix Zamudio

University of Miami Inter-American Law Review

No abstract provided.

The Judiciary And Dispute Resolution In Japan: A Survey, Harold See

Florida State University Law Review

No abstract provided.

Law And Agrarian Reform In Costa Rica: The Legislative Phase, James P. Rowles

University of Miami Inter-American Law Review

No abstract provided.

Habeas Corpus And The Protection Of Civil And Political Rights In Brazil: 1964-1978, Norman J. Nadorff

University of Miami Inter-American Law Review

No abstract provided.

Labor Relations Law In The United States From A Comparative Perspective*, Benjamin Aaron

Washington and Lee Law Review

No abstract provided.

The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh

Michigan Law Review

Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.

This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part …

Recent Highlights In Brazilian Banking Legislation, Thomas J. Skola, Jose Roberto C. Opice

University of Miami Inter-American Law Review

No abstract provided.

The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie

University of Miami Inter-American Law Review

No abstract provided.

An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff

University of Miami Inter-American Law Review

No abstract provided.

Banking Report, Paul A. Lester

University of Miami Inter-American Law Review

No abstract provided.

Aviation Law Report, Carl E.B. Mckenry

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Latin American Antitrust, Rafael German

University of Miami Inter-American Law Review

No abstract provided.

Regional And International Activities, Isidoro Zanotti

University of Miami Inter-American Law Review

No abstract provided.

The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin

University of Miami Inter-American Law Review

No abstract provided.

Books Received

University of Miami Inter-American Law Review

No abstract provided.

Should Judges Be Politicians?: The English Experience, Gareth Jones

Indiana Law Journal

Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.

Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers

Journal Articles

Comparative constitutional law is a developing area of legal scholarship. One sign of this development is the recent appearance of two casebooks, both published in 1979. Comparative Constitutional Law: Cases and Materials by Mauro Cappelletti and William Cohen, focuses primarily on the procedural rights of defendants from the United States and nine European jurisdictions. Comparative Constitutional Law. Cases and Commentaries by Walter F. Murphy and Joseph Tanenhaus, examines the constitutional interpretation of a large number of substantive issues in six contemporary constitutional democracies. Reviewing the two books together provides an opportunity not only to compare them as teaching tools but …

Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review

Michigan Law Review

A Review of Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy by Steven Kelman

Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth

Michigan Law Review

A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White

Japan's Commission On The Constitution: The Final Report, Translated And Edited By John M. Maki (1980), Frank K. Upham

Washington Law Review

The Final Report, which has been well translated and intelligently edited by John M. Maki, demonstrates to an almost excruciating extent this concern for fairness and balance. The first three parts of the Report chronicle the creation, structure, procedure, and central issues of the Commission's work. In doing so, they catalog issues and positions and explain the mechanics of the Commission, but do little else. For those interested in the substantive views espoused, Part Four, The Opinions of the Commissioners, will hold the most interest.

A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Constitutional Revolution In Japanese Law, Society And Politics, Lawrence W. Beer

Maryland Series in Contemporary Asian Studies

No abstract provided.

Disarmament And Civilian Control In Japan: A Constitutional Dilemma, Theodore Mcnelly

Maryland Series in Contemporary Asian Studies

No abstract provided.

On The Territoriality Principle In Public International Law, Gerhard Kegel, Ignaz Seidl-Hohenveldern

UC Law SF International Law Review

In public international law, the territoriality principle generally means that types of state action directly benefiting the acting state are effective only within the territory of that state. The Article focuses on the concept of this principle and its applicability in the world order with emphasis on the international law of expropriation. The case law in several major countries is summarized to support the argument that territoriality is the test of recognition of certain state acts, particularly expropriation.