Comparative and Foreign Law Commons^™

On Lawful Governments, Joseph Raz

Faculty Scholarship

What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to …

Malawi: Between Black And White Africa, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.

Book Review. Livre Du Centenaire De Law Société De Législation Comparée – Un Siècle De Droit Comparé En France (1869-1969). A Special Issue Of Revue Internationale De Droit Comparé, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Jefferson B. Fordham: Legal Education And Scholarship In Africa, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Comments. Roundtable On Taxation, Association Of American Law Schools, 1968 Conference, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Worldwide Workmen's Compensation Trends, Samuel B. Horovitz

Kentucky Law Journal

No abstract provided.

Peruvian Domestic Law Aspects Of The La Brea Y Pariñas Controversy, Dale B. Furnish

Kentucky Law Journal

No abstract provided.

United States Foreign Policy Toward South Africa: An Appraisal, Charles G. Burr

Vanderbilt Journal of Transnational Law

In recent years there have been notable cases in which United States involvement in African affairs has had a serious bearing on the United States' general international position, affecting its relations with the United Nations and other states, both African and non-African. The foremost of these cases is South Africa. In the view of many observers of the situation, the actions of the South African government cause reactions that jeopardize United States interests throughout the remainder of independent black Africa, undermine United States influence in the United Nations, and stimulate the nationalist movements within and outside South Africa to seek …

Roundtable On Administrative Law: Proceedings, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Procedure And The Conflict Of Laws, Jean-Gabriel Castel

Articles & Book Chapters

The enforcement of a validly acquired foreign or domestic right is a matter of procedure governed by the lex fori. A Canadian court always applies its own procedural rules to a case involving a foreign element pending before it even though the merits of the controversy .are governed by some foreign law. Never will the court apply a foreign rule that is procedural. The court in which the action is pending cannot be expected to submit to foreign procedural rules. It must conduct the proceedings according to its own rules. Although it may be bound to apply foreign law, this …

The Development Of French Law, Rene De Chambrun

Cleveland State Law Review

Feeling the political necessity of building a strongly unified nation, the Revolution standardized the territorial administration by redividing the country into new administrative units, the "departments," thereby breaking up the former provinces which had long fought for their administrative and judicial autonomy, and by undertaking the abolition of regulations restricted to any particular part of the country or of the population. The fundamental result of today's administrative and territorial organization is that this unitary system over the whole territory places all citizens under the same law.

Enforcement Of A Promise In Modern American Law (Gendai Amerikaho Ni Okeru Yakusoku No Kyosei), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The sixth and final installment describes the history of contractual enforcement in the U.S. and highlights changes introduced through adoption of the UCC.

Scholarship On Soviet Family Law In Perspective, Whitmore Gray

Articles

The radical changes in the norms of Soviet family law over the past fifty years have reflected the convulsions of Soviet society as well as the revisions of Marxism-Leninism-Stalinism. This paper is a commentary on the writing in this field by Americans in particular, and by other non-Soviets in general. In view of the volume of writing in this field, it has been necessary to limit discussion in the text to a few representative articles illustrating a few of the subject matters treated and various typical approaches employed. The topic is a particularly timely one, for new, comprehensive Principles of …

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …

Latin American Economic Integration, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.

The Caribbean Free Trade Association, R. L. Abbott

University of Miami Inter-American Law Review

No abstract provided.

Legal Exchanges And American Foreign Policy, Edward D. Re

Journal of Legal Education

No abstract provided.

Establishing Branches Of Foreign Corporations In Central America, Panama And British Honduras, S. Juncadella

University of Miami Inter-American Law Review

No abstract provided.

The Caribbean Free Trade Association, R. L. Abbott

University of Miami Inter-American Law Review

No abstract provided.

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.

The U. S. Department Of Commerce: Friend Of The Foreign Trader, W. Buchdahl

University of Miami Inter-American Law Review

No abstract provided.

Latin American Economic Integration, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr.

Michigan Law Review

This study purports to be in part a comparison of American and English testamentary practices. The virtual absence in England of estate records as we know them imposed limitations on the attainment of this objective. For present purposes, data concerning English practices were derived almost entirely from one hundred English wills selected at random from those filed during the year 1963 in the Principal Probate Registry in London. To the extent that these wills came from all over England and Wales, they can be regarded as representative of English practices generally. But the much smaller size of the sample in …

Voting Rights Of Americans Abroad, Kenneth M. Davidson

Buffalo Law Review

No abstract provided.

Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs

Michigan Law Review

This brief background sketch of the Canadian labor relations scene suffices to indicate that several important impediments to the introduction of a full-fledged system of public service collective bargaining which exist in the United States have no counterpart north of the border. Particularly at the practical level, there were no insuperable hurdles to the enactment of the 1967 Canadian federal law. To understand how and why the new federal statute came to be enacted within this reasonably hospitable environment, it is important to trace the course of employment relations in the Canadian Public Service.

Habeas Marinus: A Proposal In Ocean Law, L. Kutner

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Commercial Arbitration, C. R. Norberg

University of Miami Inter-American Law Review

No abstract provided.

Latin American Economic Integration, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Legal Education, M. Minnette Massey

University of Miami Inter-American Law Review

No abstract provided.