Comparative and Foreign Law Commons^™

Judicial Review In Japan, Herbert F. Bolz

UC Law SF International Law Review

Since World War H, intense controversy has surrounded the question of the degree to which Article 9, the "peace clause" of the Japanese Constitution, forbids the maintenance of military power by Japan. Many commentators have criticized the Japanese Supreme Court for its "remarkable" reluctance to exercise its power of judicial review, especially regarding Article 9. The author focuses on social, historical, and political factors that have impeded the development in Japan of powerful American-style judicial review, and on postwar influences that have nonetheless gradually increased the use of judicial review. The author contends that the Japanese Supreme Court's restrained use …

Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet

UC Law SF International Law Review

In 1975, California recognized the equal status of men and women with its equal management and control provisions. By comparison, English law is premised upon a separation of property system, which operates irrespective of marital status. This article compares and contrasts the various rights of spouses to marital property in England and California. Beginning with a brief historical overview, the author proceeds to examine the respective property rights of the spouses from the inception of the marital relationship to its termination. The author concludes by highlighting some of the present strengths and weaknesses of the English and California Systems.

Comparative Law As Basic Research, Jerome Hall

UC Law SF International Law Review

This article begins with a critique of the present methods of comparative criminal study. Specifically, the author contends that comparative study often focuses on rules of law, as opposed to their functions. The author suggests that there should be a scientific approach to comparative criminal studies, e.g., the use of his theory of the interrelations of "rules," "doctrines," and "principles"; this satisfies the scientific requirement of "system." The author concludes that the subject matter of comparative criminal study should be "law-as-action," i.e., action expressing the coalescence of rules of law, values and manifested behavior.

Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green

Reviews

Ralph B. Pugh's handsome edition of Wiltshire gaol delivery and trailbaston trial rolls for the reign of Edward I provides a valuable resource for scholars of medieval crime and criminal law. The period covered bridges the era of the infrequent general eyres and that of the frequent circuits to try those being held on criminal charges. This transition period saw the development of various institutions and procedures designed to deal with a decline in social stability and an increase in criminal activity. To date, most scholarship has focused either on the workings of the mid-thirteenth- century eyre or on the …

The Hamburg Rules: A Comparative Analysis, Daniel E. Murray

University of Miami Inter-American Law Review

No abstract provided.

The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Bar Association, John O. Dahlgren

University of Miami Inter-American Law Review

No abstract provided.

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

LLM Theses and Essays

This paper will outline, discuss and suggest changes in various provisions of the Income Tax Act, 1961, applying to foreign investments. Chapter II of this paper explores the general underlying principles of the Indian tax system. Chapter III discusses the tax liability of foreign personnel in India and special tax incentives granted to foreign technicians. Chapter IV discusses the system of corporate taxation or “resident” and non-resident” companies and tax liability of foreign collaborators. Special attention is paid to the liability arising out of various trading activities of non-resident companies in India and many problems of judicial determination relating to …

Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob

UC Law SF International Law Review

Public awareness concerning environmental matters has led to increased governmental interest and involvement. This article examines the forms and mechanisms of enforcement used by the various authorities in the United States and several Western European jurisdictions. The author concludes that stricter, more even enforcement is necessary if such laws are to be successful in improving the environment.

Comparative Law As Basic Research, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Benson Report: A Reactionary View Of Community Law Centres, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

This study is a comparative analysis of the international law of extradition as applied through the general extradition law of the United States and France. It will compare each country's approach to and attitude toward the phenomenon of extradition in a systematic analysis of the United States--French Treaty of Extradition.

Extradition is an extremely technical process that requires precision and cooperation between two sovereign systems, often different in fundamental legal theory and procedure. An extradition treaty represents an attempt by diplomatic and legal means to establish this process so that the two sovereign states can cooperate in rendering fugitive criminals …

The Sunday Times Case: Freedom Of The Press And Contempt Of Court Under English Law And The European Human Rights Convention, Nathaniel L. Nathanson

Kentucky Law Journal

No abstract provided.

Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

Faculty Scholarship

This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …

The Present Status Of Compensation By Foreign States For The Taking Of Alien-Owned Property, Mark K. Neville, Jr.

Vanderbilt Journal of Transnational Law

Perhaps no other exercise of the prerogatives of national sovereignty during the past two decades has proven so divisive to the community of nations or created quite as much uncertainty in international commerce as the taking of an alien investor's property by host States. Certainly these takings have contributed mightily to the intensity of the confrontation between the Third World and the developed nations. As a result of these confrontations the line has been clearly drawn between the industrialized nations and those developing countries of the Third World that subscribe to the precepts of the New International Economic Order, an …

Conference On Security And Cooperation In Europe: Retrospect And Prospect, Matthew Nimetz

Vanderbilt Journal of Transnational Law

After five years of experience with the Helsinki Final Act, the thirty-five signatory countries are about to hold in Madrid a second follow-up conference to assess the record of implementation and consider what new steps might be taken to further the purposes of the Conference on Security and Cooperation in Europe, hereinafter CSCE. Now is a good time to take stock of where CSCE has been and where it is likely to go in the future.

The Helsinki process seeks to address the United States basic foreign policy dilemma: how can two competing and largely antagonistic systems co-exist in a …

The Art Of Comparative Constitutional Law, Pnina Lahav

Faculty Scholarship

Until recently, German constitutional material has been generally inaccessible to the English speaking audience. Professor Kommers' scholarly contributions, particularly his book, Judicial Politics in West Germany. A Study of the Federal Constitutional Court,¹ have considerably amplified our knowledge in this area. His Article, The Jurisprudence of Free Speech in the United States and the Federal Republic of Germany² provides additional insights into and fresh perspectives on German constitutional law. His Article might be of yet more value, however, if it demonstrated keener sensitivity to comparative constitutional law methodology and deeper analysis of the various substantive matters with …

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

Michigan Law Review

The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.

What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.

Michigan Law Review

Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …

Latin American Economic Integration, Dr. Stanley F. Rose

University of Miami Inter-American Law Review

No abstract provided.

Employment In The Federal Civil Service-- Aliens Need Not Apply: Vergara V. Hampton, 581 F.2d 1281 (7th Cir. 1978), Bruce A. Metzger

University of Miami Inter-American Law Review

No abstract provided.

Civil Appeals: English And American Approaches Compared, Delmar Karlen

William & Mary Law Review

No abstract provided.

The Associated States Of The Commonwealth Caribbean: The Constitutions And The Individual, William C. Gilmore

University of Miami Inter-American Law Review

No abstract provided.

Argentine Jurisprudence: Deltec Update, Michael Wallace Gordon

University of Miami Inter-American Law Review

No abstract provided.

The Rights Of Man Today. By Louis Henkin., Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.

Comparative Family Law: Law And Social Change?, Charles Donahue Jr.

Michigan Law Review

A Review of State, Law and Family: Family Law in Transition in the United States and Western Europe by Mary Ann Glendon

South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke

Michigan Law Review

A Review of Human Rights and the South African Legal Order by John Dugard

The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review

Michigan Law Review

A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy

A Significant Contribution To The Literature Of Comparative Law, Arthur T. Von Mehren

Michigan Law Review

A Review of An Introduction to Comparative Law: Vol.I, The Framework; Vol. II, The Institutions of Private Law by Konrad Zweigert and Hein Kötz

The Greek Concept Of Justice, Michigan Law Review

Michigan Law Review

A Review of The Greek Concept of Justice by Eric A. Havelock