Comparative and Foreign Law Commons^™

The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau

Faculty Scholarship

This article examines the jurisdictional problems that might arise when a plaintiff attempts to enforce a foreign judgment in France against a French national or domicilary. The statement of a hypothetical case is followed by a description and analysis of the substantive French Law, as well as the recently enacted EEC Convention on the Enforcement of Judgments. The application of these legal principles to the facts of the hypothetical case demonstrates unequivocally the unbending nationalistic orientation of the jurisprudence: French courts have construed the relevant Code provisions to grant them exclusive jurisdiction to hear matters involving French nationals or domicilaries. …

Foreward, Whitmore Gray

Other Publications

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law ~ Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

Introduction To Blackstone Volume Iv, Thomas A. Green

Other Publications

The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

The Imco Convention On Limitation Of Shipowners' Liability: Should The United States Ratify?, Timothy F. Burr

University of Miami Inter-American Law Review

No abstract provided.

Erosion Of The Strict Scrutiny Standard, Lauri Waldman

University of Miami Inter-American Law Review

No abstract provided.

Ten Year Index

University of Miami Inter-American Law Review

No abstract provided.

Comparative Law: Western European And Latin American Legal Systems -- Cases And Materials . John Henry Merryman And David S. Clark, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav

Faculty Scholarship

In the beginning, use of the Press Ordinance (hereafter Pr. Ord.) was limited, but as British political control deteriorated it became more extensive and even ruthless. In 1937, the Peel Report complained that the Pr. Ord. was not tough enough and recommended stricter measures.³ At about the same time, the Mandatory Government itself reached the conclusion that the Pr. Ord. was insufficient and issued a series of Defence (Emergency) Regulations which suspended the entire range of civil liberties-including freedom of expression. These Defence (Emergency) Regulations which related to the press replaced in part and fortified in part the Pr. …

Inter-American Legal Developments, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Legal Developments, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part I, Pnina Lahav

Faculty Scholarship

This article is part of a broader effort to analyse the relationship between the press and the legal system in Israel. Being only a segment of a larger project, it is devoted in its entirely to one component of Israel's press law: the Press Ordinance of 1933 (hereafter Pr. Ord.). Although antiquated and considered by certain circles as merely a "dead letter", the Pr. Ord. still forms the backbone of Israel's press law, since it regulates so many aspects of the press. Beyond its relevance as positive law, the Pr. Ord. is of interest for a number of reasons. Having …

Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain

UC Law SF International Law Review

The Export Administration Act of 1969 restricted efforts of United States industry to expand sales of non-strategic advanced technology goods to Communist countries. The author examines the significance of the Export Administration Amendments of 1977 and the procedure and criteria by which an export application is evaluated. The author suggests certain reforms which would help attain the goal of trade promotion.

A Guide To The Study Of Japanese Law, Lawrence W. Beer, Hidenori Tomatsu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Role Of Law In The People's Republic Of China As Reflecting Mao Tse-Tung's Influence, Shao-Chuan Leng

Maryland Series in Contemporary Asian Studies

No abstract provided.

Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck

UC Law SF International Law Review

The author analyses the present world situation with regard to human rights both as found in the constitutional systems of the world's states, and as evidenced by reports of Amnesty International and Freedom House. The article was originally delivered as a lecture before the German Red Cross.

The Impact Of Treaties On Commercial Space Operations, Martin Menter

UC Law SF International Law Review

The author believes that at some future date space stations to house communities will be erected. The subsistence of a space community will depend on fail-safe governing procedures. The author examines the role of treaties in regulating and validating activities within a space community.

The Legal Status Of United States Corporations And Individuals In Taiwan If United States--Republic Of China Dipolmatic Relations Were Severed, Preston M. Torbert

UC Law SF International Law Review

The author reviews the treaty rights afforded U.S. corporations and individuals operating in Taiwan under present agreements and compares them with rights afforded non-treaty countries doing business in Taiwan. The author's extensive examination reveals that, while present treaties appear to formally secure diplomatic relations, a severance thereof will not cause a great disruption of trade and investment between the U.S. and the Republic of China.

The 1977 Ussr Constitution: A Document Of Social, National And International Consolidation, Andrew Sorokowski

UC Law SF International Law Review

Among the new features of the 1977 Soviet Constitution are provisions that strengthen the role of the Communist Party, redefine the powers of the Union Republics, and announce the foreign policy of the U.S.S.R. The author demonstrates that these principal features represent a consolidation of the U.S.S.R.'s power as a multinational party-state of world stature. Yet, this consolidation is a response to the centrifugal forces of social differentiation, non-Russian nationalism, and foreign Communist dissension, which threaten the ideal of Communist uniformity at home and abroad.

United States Securities Laws: A Transnational Perspective, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

Mexico's Organic Law Of Federal Public Administration--A New Structure For Modern Administration, Mark O. Rorem

UC Law SF International Law Review

The expanding size of governmental agencies and the increasing scope of their activities raise questions about effective ways to control and coordinate governmental bureaucracies. The author examines Mexico's efforts to cope with these problems through recent administrative reforms in the Organic Law of Federal Public Administration.

Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch

Articles

No abstract provided.

Digest Of Important Canadian Cases Reported In 1977 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams

Articles & Book Chapters

No abstract provided.

Egyptian Land Law: An Evaluation, David F. Forte

Law Faculty Articles and Essays

In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Comparative Law Yearbook Vol. 1, 1977. Issued by the Center for International Legal Studies. The Netherlands: Sijthoff & Noordhoff International Publishers, 1978. Pp. 345.

Corporate Counsel's Annual: 1978 Jeremiah J. Spiren, Gerald Aldi, and Roger S. Mitchell, eds. New York, New York: Matthew Bender, 1978. 2 volumes. Pp. 1776.

The Impact of American Law on English and Commonwealth Law Edited by Jerome B. Elkind St. Paul: West Publishing Company, 1978. Pp. 333.

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

COMMERCIAL OPERATIONS IN EUROPE

Edited by R. M. Goode and K. R. Simmons Published for the Faculty of Laws; Queen Mary College, University of London Boston: A. W. Sijthoff, 1978. Pp. 448.

COMPARATIVE CONSTITUTIONAL LAW

By Mauro Cappelletti and William Cohen Indianapolis, Indiana: Bobbs -Merrill, 1979. Pp. 628.

COMPARATIVE LAW: WESTERN EUROPEAN AND LATIN AMERICAN LEGAL SYSTEMS

By John H. Merryman and David S. Clark Indianapolis, Indiana: Bobbs -Merrill, 1978. Pp. 1278.

THE DISCIPLINE OF LAW

By Lord Denning London: Butterworths,1979. Pp. 330.

INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS BETWEEN STATES

By Guy S. Goodwin -Gill Oxford: Clarendon Press, …

The Mistake Of Fact Defense And The Reasonableness Requirement, Margaret F. Brinig

Journal Articles

This article examines specifically the mistake of fact defense and its disparate treatment under these two systems of justice. The British approach is to retain a subjective element in the mistake of fact defense, while American courts impose an objective "reasonableness" requirement. The substantive criminal law approach, utilizing the concept of mens rea, will be discussed first, and will be followed by a treatment of recent American constitutional developments in the area of burden of proof standards in their criminal context. Finally, two factually similar rape cases, one British and one American, will be analyzed to show the present contrasting …

Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton

Articles

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …

Arbitrase Di Indonesia, Asikin Kusumaatmadja

Jurnal Hukum & Pembangunan

No abstract provided.