Comparative and Foreign Law Commons^™

An Unprincipled Decision On A Will, Alan Watson

Scholarly Works

In this article Professor Alan Watson reviews the decision of Alfenus from Ancient Rome (D.28.5.45 Alfenus 5 dig).

A Comparative Analysis Of The New Penal Laws Of New York And Michigan, B. J. George Jr.

Buffalo Law Review

No abstract provided.

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Book Review - Taxation. Comparative Conflict Resolution Procedures In Taxation: Analytic Comparative Study By L. Hart Wright (Et. Al.), William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Form And Function In The Chinese Criminal Process, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This article considers some of the formidable intellectual problems involved in studying the Chinese criminal process. Much can be learned about another country by studying its legal institutions; a study of sanctioning institutions promises insight into a society's view of order, deviance, individual rights, and the allocation and application of punishment. But how can foreign institutions most perceptively be studied? Only rather recently has analysis of the American criminal process become notably more sophisticated. Our own inexperience coupled with China's alienness and the lack of accurate information threaten to impede perceptive studies of Chinese institutions. But the problem is pressing …

American Claims Against Cuba, The International Lawyer

Mario Diaz Cruz Pamphlets

Volume 3, Number 4, July 1969. Article Reprint.

Leonard v. B Sutton

A Quarterly Publication of Section of International and Comparative Law. American Bar Association.

Book Review. Law In India, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Contract Interpretation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), 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 fourth installment discusses further considerations and principles that impact contract interpretation.

The Reform Of Legal Education In Brazil, Keith S. Rosenn

Articles

No abstract provided.

Peking And The Mysterious West, Howard L. Boorman

Vanderbilt Journal of Transnational Law

The task of keeping the Western world, or at least the United States, convinced that Chairman Mao and his current associates in the Forbidden City at Peking are madmen is both demanding and deadening. The Russian Communist leaders in Moscow, it is estimated, devote six days weekly to the chore, a stint paralleled by the Chinese Nationalist leaders in Taipei. Dedicated anti-Communists from New York to Long Beach contribute significantly to the effort, And the Chinese Communists themselves, not to be outdone, appear to allot roughly half their working hours to programs designed to convince the American Congress that they …

Contract Interpretation And The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), 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 third installment introduces the basic principles of contract interpretation.

Contract Formation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Seiritsu), 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 second installment discusses issues related to requirements compelling completion of a contract or pushing the issue to court.

Remedies For Breach Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku Furiko Ni Taisuru Kyusai), 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 fifth installment discusses the difficulty of remedies and various methods of enforcement.

The Role Of The Uniform Commercial Code In American Law (Beikokuho Ni Okeru Ucc No Ichi), 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 first installment provides a basic introduction to the UCC and its implementation into the U.S. legal system.

Reception Of English Common Law In The American Colonies, William B. Stoebuck

William & Mary Law Review

No abstract provided.

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris

Recognition Of Foreign Country Judgments In New York: The Uniform Foreign Money-Judgments Recognition Act, Barbara Kulzer

Buffalo Law Review

No abstract provided.

Divorce Reform In Canada, Julien D. Payne

Buffalo Law Review

No abstract provided.

Programs For Improving Foreign Judgment Enforcement In New York: The Uniform Enforcement Of Foreign Judgments Act, Barbara Kulzer

Buffalo Law Review

No abstract provided.

Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson

Washington Law Review

The articles in this symposium are concerned with several major problems encountered en route from the promulgation to present social realization of the new style of Japanese constitutionalism. We have taken this opportunity to reflect after twenty years upon the problems of structure, political milieu, and continuity with the past. To some, continuity with the Meiji Constitution (1889-1947) might seem farfetched until we remember that it had several characteristics in common with the new Constitution: both followed foreign models (German and Anglo-American); both were far in advance of the social realities which they sought to transform; both were thus a …

The Japanese Constitutional Style, John M. Maki

Washington Law Review

This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …

Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi

Washington Law Review

On June 11, 1956, the Commission on the Constitution was created. Its duties, as laid down by the enacting statute, were "to examine the Constitution of Japan, to investigate and deliberate on problems related thereto, and to report the results to the Cabinet and through the Cabinet to the National Diet." When the work of the Commission on the Constitution was approaching an end in 1964, there was informal talk about attempting an English translation of at least the Final Report. For a variety of reasons, this idea failed to materialize. However, there have been at least two excellent articles …

Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi

Washington Law Review

Translator's Note: On July 19, 1963, at the 114th plenary session of the Commission on the Constitution, the late Professor Kenzo Takayanagi, its chairman, submitted a long opinion on constitutional problems. It was published as a 76-page appendix to the minutes of that session. The opinion was organized into nine sections: General Problems (an evaluation of the process of enactment, constitutional revision, constitutional interpretation, and the written style of the Constitution totalling 8 pages); The Emperor (7 pages); The Renunciation of War (9 pages); The Rule of Law (24 pages); The Parliamentary Cabinet System (19 pages); Finances (3 pages); Local …

Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson

Washington Law Review

The shift in 1947 from a political to a legal (or justiciable) constitution of Anglo-American design meant also a shift from professors to the courts as the authoritative expounders of the Constitution, though of course the leading critics and synthesizers are still the scholars. Soon followed, for the first time, a body of Supreme Court decisions which became the detailed sources of constitutional law, presaging adoption throughout the legal profession of a new juristic method in the public law field using scholarly theories where appropriate but rooted in case analysis. These changes in professional roles, sources and methods have caused …

Twenty Years Of Revisionism, H. Fukui

Washington Law Review

It would seem most natural that the 1947 Constitution of Japan should have been the target of strong revisionist pressure in the years following its promulgation, considering its contents and the special circumstances of its making. However, looking back upon the developments in this revisionist movement, one is struck by the degree of ambivalence and confusion in the attitudes of both the proponents. and opponents of revision and by the apparent failure of the former to effect revision. It is my view that these two impressions are very intimately interrelated and that an understanding of this relationship is necessary if …

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.

Treaties And The Constitution, Isao Sato

Washington Law Review

Problems of the validity of treaties in a constitutional order concern aspects of both international and constitutional law. The chief concern of this article, however, is the effect of the Japanese Supreme Court's power of judicial review upon the validity of treaties in domestic law. The relationship of treaties and the Constitution long has been a favorite theme of Japanese international law scholars. Under the new Constitution it has become an urgent and unavoidable issue for constitutional law scholars as well; the present constitution, unlike the Meiji Constitution, has provisions, (Articles 81 and 98), which bear directly upon the problem.

Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa

Washington Law Review

The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.

The "Right Of Silence" In Japanese Law, B. J. George, Jr.

Washington Law Review

The concept of a right of silence, particularly in the case of an accused person, was totally unknown in traditional Japanese law. Tokugawa procedure made no clear-cut distinction between civil and criminal or judicial and administrative proceedings; those embroiled in disputes were expected, indeed required, to make full revelation of everything which bore on the propriety of their activity. In what today would be a criminal proceeding, the defendant was expected to respond to questioning; and he could be tortured until he made the requisite statement. During the first decade or two of the Meiji period (1868-1912) some changes were …

Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson

Washington Law Review

Some writers find a reflection of the due process clauses of the fifth and fourteenth amendments of the United States Constitution in Article 31 of the 1946 Japanese Constitution. Article 31 provides: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." Obviously there are disparities as well as similarities between this article and the American due process clauses. Since the Japanese Constitution was framed under the direction of the Supreme Command Allied Powers (SCAP), during the allied occupation, the similarities are not surprising. Many of …