Comparative and Foreign Law Commons^™

Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

No abstract provided.

Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman

Northwestern Journal of International Law & Business

Part I of the Comment examines the Russian trade boycott, and compares the boycott to ILA protest activity over the past three decades. The survey of protest boycotts demonstrates the wide range of business interests disrupted by union conduct and the extent to which such activities may undermine American foreign policy. Part II analyzes whether the National Labor Relations Board (NLRB or Board) may assert jurisdiction over protest boycotts. The jurisdictional reach of the NLRA will be explored with emphasis upon a line of Supreme Court decisions involving foreign-flag vessels. Particular criticism will also focus upon the Fifth Circuit's recent …

Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller

Northwestern Journal of International Law & Business

This comment will explore the judicial development of standards applied in analyzing state trading under Article 37. The success of Article 37 in curtailing the harmful effects of state trading is in marked contrast with the attempts to regulate state trading found within the General Agreement on Tariffs and Trade (GATT).4 In part, this can be explained by the development of judicial rather than political standards for limiting the role of state monopolies within the EEC. The European Court of Justice (ECJ) has chosen to focus on the effects of state trading, banning the practice when used to disguise quotas, …

Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles

Vanderbilt Journal of Transnational Law

This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...

This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …

Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau

Faculty Scholarship

For French and francophonic people, the continued vitality of their linguistic heritage is an integral part of their sense of national identity and cultural cohesiveness. The truth of this statement has been corroborated recently by legislative enactments in France and in Belgium which prescribe and/or recommend the use of French in certain private commercial and governmental activity taking place within these countries. This legislation represents an attempt to provide a partial remedy to what has been perceived generally as the syntactical and lexical "contamination" of the French language resulting from the dominance of English or, more precisely, American English, in …

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

Faculty Scholarship

Prior to May 1980, the French domestic law on arbitration had not been subject to any substantial legislative reform since the early nineteenth century. The procedural part of that law, which contained practically all of the French legislative provisions applying to arbitration, was out of date and in need of reconsideration.

Despite the considerable French procedural law reforms enacted in 1975, articles 1005 through 1028 of the Nouveau Code de procédure civile had not been revised to any significant extent since the enactment of the Code de procédure civile in 1806.

The basic intention of the new legislative text is …

The Elaboration Of A French Court Doctrine On International Commercial Arbitration: A Study In Liberal Civilian Judicial Creativity, Thomas E. Carbonneau

Faculty Scholarship

The task of the present article is to examine the historical evolution and current status of the French judicial doctrine on international commercial arbitration. It endeavors to compare the international doctrine with the French domestic law on arbitration and to illustrate briefly its conformity to the provisions of the international conventions on arbitration to which France is a party. Its chief design, however, is to concentrate upon the court decisions themselves, underscoring their progressive quality and pointing to their systemic implications.

Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le

Journal Articles

In June 1977, as a result of a case brought before the Tribunal de la Seine, a "mini-revolution" erupted in French legal circles. A young woman associate of a law firm was discharged at mid-month and paid half (F. 1250) her monthly salary. Mme X considered her dismissal improper and filed a complaint with the Bdtonnier (President) of the Paris Bar. After a hearing, the Conseil de l'Ordre (Executive Committee of the Bar) advised the firm to pay Mme X an additional F. 1250 in settlement. Not satisfied, Mine X took her case to the Tribunal de la Seine requesting …

The Spanish Experience In Church-State Relations: A Comparative Study Of The Interrelationship Between Church-State Identification And Religious Liberty, George R. Ryskamp

BYU Law Review

No abstract provided.

Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood

Michigan Law Review

In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.

A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway

West Virginia Law Review

The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …

Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge

Washington Law Review

Part I of this article will consider the 1977 Constitution in a general manner, focusing on the debate over whether it represents an advancement of the rule of law, or an embodiment of arbitrary party power. Part II will focus on the validity of the Soviet model of federal republican sovereignty. Throughout, the experience and constitutions of other nations will be drawn upon for comparison and analysis.

Reference Manual On Doing Business In Latin America. Edited By Donald R. Shea, Frank W. Swacker, Robert J. Radway, And Stanley T. Stairs., Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

The Right Of Appeal From Trinidad And Tobago's Industrial Court, R. M. Castagne

University of Miami Inter-American Law Review

No abstract provided.

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn

A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell

UC Law SF International Law Review

This article examines victim compensation laws and compares the civil law approach, as exemplified by the French action civile, to the common law approach, as exemplified by the California statutory scheme. The author proposes a hybrid system as the best method of solving problems sought to be addressed by victim compensation laws.

Energy Contract Planning: Allocating The Risks And Consequences Of Commercial Impracticability, Norman R. Prance

UC Law SF International Law Review

Increasing energy shortages and resulting disruptions in energy supplies demand that supply contracts provide for contingencies that may render performance commercially impracticable. Proceeding upon the assumption that energy contracts are within Article 2 of the Uniform Commercial Code, the author examines Section 2-615, which deals with commercial impracticability. Concluding that Section 2-615 alone may inadequately express the intentions of the parties to the contract and that Section 2-615 may be amended or supplanted by contractual clauses, the author proposes contractual provisions that improve upon the treatment of commercial impracticability in Section 2-615.

Energy And The North American Community: Canada, Mexico, And The United States, Mark S. Adams, Barry Steiner

UC Law SF International Law Review

This paper presents a discussion of the need for and the possible forms of the North American Community. It begins with a discussion of the value of such an organization in terms of the existing relationship among the North American countries. The second section discusses the goals of the Community. The paper concludes with an analysis of two possible forms for the organization and rejects a common market for economic, political, and legal reasons. Instead, the paper offers the idea of cooperative organization, one which stresses equality and unanimity, as the most appropriate form for the North American Community.

Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis

Duquesne Law Review

No abstract provided.

A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Act Of State And Sovereign Immunity: A Further Inquiry, Christine G. Cooper

Loyola University Chicago Law Journal

No abstract provided.

A Methodology For Discovery Of Documents Subject To A Foreign Nondisclosure Law, Carey F. Cooper

Loyola University Chicago Law Journal

No abstract provided.

Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang

UC Law SF International Law Review

In the 1960's the Western World became aware of the border disputes between Russia and China, the origins of which trace back to four 19th Century treaties dealing with the Sino-Soviet border. The author explores the legal positions adopted by China and Russia regarding the "inequality" of these treaties, from the turbulent 1960's to the present, and analyzes the future prospects for Sino-Soviet reconciliation.

Terrorist Acts--Criminal Or Political Infractions--An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

UC Law SF International Law Review

Extradition of transnational terrorists is a legal method of dealing with the dilemma of terrorism. A typical extradition treaty contains, however, a "political offense" exception under which the request for the extradition of an individual will be denied when the crime with which he is charged constitutes a "political offense." The judicial offense recognizes that terrorist crimes are outside the purview of the political offense exception. This article examines the development of French jurisprudence on the extradition of transnational terrorists, focusing upon whether terrorist acts can be considered as political offenses and thus exempt from extradition.

Religion And Religious Law In The Quest For Marital Harmony: Developments In The Jurisprudence Of Contemporary Canon Law, William W. Bassett

UC Law SF International Law Review

Canon law of the* Roman Catholic Church has undergone a transformation in the 20th Century. One area of great change is the church's conception of marriage. The author reviews the basis for the church's new views and the effect of these views on Catholic marriages and divorces.

Liability For High Seas Oil Pollution Cleanup Costs: Domestic And International Provisions, Gerald Clausen

UC Law SF International Law Review

Recent years have witnessed an increase in both domestic and international concern over vessel source oil pollution of the world's oceans. This note explores the similarities and differences between a multilateral treaty. rejected by the United States and a statute passed by Congress in the treaty's stead which impose liability on oil tanker owners for the cost of cleaning up oil spilled on the high seas.

Liability Of Natural Gas Transmission Line Operators: United States And Canadian Theories Of Liability For Gas Transmission Line Accidents, William D. Whiteman

UC Law SF International Law Review

This note discusses and compares the liability of natural gas transmission line operators in the United States and Canada. Due to the scarcity of pertinent statutes, the emphasis is on the common law. The author concludes that despite different approaches, an operator in either country will in most situations be liable only for his negligent acts.

The Constitutional Supervision Of Administrative Agencies In The Federal Republic Of Germany: Similarities And Contrasts With American Law, Lee A. Albert

Journal Articles

No abstract provided.

Civil Judgment Recognition And The Integration Of Multi-State Associations: A Comparative Study, Robert C. Casad

UC Law SF International Law Review

Mutual recognition and enforcement of civil judgments plays an essential role in the integration of multi-state associations. The author compares the effectiveness of three such systems: The European Economic Community, the United States, and Central America under the Bustamante Code.