Comparative and Foreign Law Commons^™

A Value Analysis Of Ghanaian Legal Development Since Independence, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Latin American Tax Systems, Philip E. Heckerling

Kentucky Law Journal

No abstract provided.

Reappraising American Legal Education Through A Comparative Study, Stanley A. Samad

Cleveland State Law Review

The current ferment in American legal education has been stimulated mainly by the American realists and a recent offshoot of that school, called policy science. The thrust of their reproof is that law to be studied is not to be found in the casebook and the law library, but is to be found in "law in action" in the context of economic, moral, political, psychological and social forces that shape law and the process of decision. Some have stressed the role of the lawyer as policy maker, or as counsel or adviser to policy makers, and have developed a suggested …

Group Defamation In West Germany, Manfred Zuleeg

Cleveland State Law Review

In each human society, there are social prejudices against certain groups which suffer a more or less discriminating treatment by the other parts of the population. Sometimes the discrimination becomes aggressive. Group defamation and actions of persecution are the consequences. German scholars agree with American sociologists that social prejudices and discriminations are not connected as cause and effect, but as interdependent factors. The origins of a social prejudice are traced by sociologists to an aggressive attitude because of personal or group conflicts or shortcomings. It is difficult, however, for sociologists to explain why the prejudice is directed against just this …

Group Defamation In France, Jean Peytel

Cleveland State Law Review

It cannot be said that there is any French legislation which specifically protects citizens of any particular ethnic origin or creed. For instance, there is no law that shelters members of a particular religious faith from group defamation. The absence of legislative texts in this connection is explicable by the tradition rooted in the French psyche, born out of the French Revolution, that frowns upon racial discrimination and religious intolerance.

Group Defamation In The Netherlands, W. H. Bijleveld

Cleveland State Law Review

In this paper we shall discuss the ways in which Dutch law protects against group defamation.

Syposium Conclusion, Pieter J. Hoets

Cleveland State Law Review

Tort liability, based on modern medical understanding of the very real injury to an individual member of a defamed group, probably is the readiest and best preventive of abuse of the right of free speech until sound legislation is adopted. But we need both criminal and civil law. In the last analysis all legislation deals with morality-legislates morality. The law serves not only to regulate but also to educate, elevate, and dignify. It must deal with group defamation now. We must have law that will protect us from the sick and evil souls who poison our society with hatreds.

Soviet Tort Law: The New Principles Annotated, Whitmore Gray

Articles

In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …

English Registered Conveyancing: A Study In Effective Land Transfer, Ted J. Fiflis

Publications

No abstract provided.

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Soviet Comrades' Courts, Harold J. Berman, James W. Spindler

Washington Law Review

A major aspect of Soviet criminal law reform since 1959 has been the transfer of certain judicial functions to Comrades' Courts, which are nonprofessional tribunals established to try petty offenses in enterprises, apartment houses, collective farms, universities, and elsewhere. These are called "social," rather than "state," agencies, because they are not staffed by civil servants but by volunteers and because they are conceived to perform a persuasive rather than a coercive function. Apart from their practical importance, they play an important part in symbolizing the theory that in the new period of "expanded construction of communism" there will be a …

Constitutionalism In Germany And The Federal Constitutional Court. By Esward Mcwhinney., John C. Lane

Buffalo Law Review

No abstract provided.

Constitutional And Foreign Relations Law: An Experiment With Constitutional Law And International Law At Buffalo, Wade J. Newhouse

Journal of Legal Education

No abstract provided.

Grzybowski: Soviet Legal Institutions: Doctrines And Social Functions, Isaac Shapiro

Michigan Law Review

A Review of Soviet Legal Institutions: Doctrines and Social Functions. By Kazimierz Grzybowski.

Foreign Investment Protection: A Reasoned Approach, Earl Snyder

Michigan Law Review

The main purpose in protecting private foreign investment is to encourage capital to move to newly developing nations in spite of serious, existing non-business risks. These risks are (1) the political risk (outright and "creeping" expropriation), (2) the transfer risk ( currency controls and inconvertibility of funds), and (3) the calamity risk (insurrection, revolution, war, etc.). But why encourage this? Why should an affluent, powerful nation seek, in effect, to transport overseas some of its affluence and power? Why--in the case of the United States-should encouragement be given to that which may, according to some, tend to tip still more …

Joint Ventures In Japan, Carl J. Bradshaw

Washington Law Review

In most aspects of establishment and operation, joint venture corporations do not differ from any other corporate enterprise. A joint venture operating in a foreign country encounters daily problems of negotiable instruments law, property law and insurance law, to name but a few, in the same way that every corporation in that country does. Thus, it may seem presumptuous to write about joint ventures in a particular country unless one is willing and able to produce a comprehensive survey of that country's legal system. There are several areas of the foreign law, however, which are primary, in terms both of …

The New Japanese Approach To The Taxation Of Foreign Individuals And Enterprise, Griffith Way

Washington Law Review

It is only partly true that the lack of materials on Japanese taxation which are available to the foreign lawyer in English is the result of difficulties of language or a lack of familiarity with the legal and tax systems. Rather more it seems to reflect the Japanese bar's own lack of interest in the subject, a large part of which is occasioned by the lack of tax litigation. The tax field has been long and well occupied by the government tax economist on the one hand and the ordinary accountant on the other; the lawyer's role has been peripheral. …

Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens

Washington Law Review

It is the purpose of this paper to discuss and compare the procedure for admission to the bar and the grounds for disbarment and disqualification of lawyers in Japan and the United States.

Japanese Equity Financing With Special Reference To Issues In The United States, John B. Christensen

Washington Law Review

Japanese industry since the war has been characterized by a very high rate of growth and a severe shortage of equity capital. Given the attractions of this high growth rate coupled with the political and economic stability of the country, it was natural that foreign equity investment would be attracted to Japan. This is particularly true in view of the disturbed conditions existing in other capital-short areas of the world and the recent stagnation in investment demand in the United States, the largest exporter of capital. This mating of supply with demand has not been without its difficulties, however. The …

Soviet Legal Institutions: Doctrines And Social Functions, By Kazimierz Grzybowski; Soviet Administrative Legality: The Role Of The Attorney General's Office, By Glenn G. Morgan, Darrell P. Hammer

Indiana Law Journal

No abstract provided.

The EngelCase From A Swiss Perspective, F. William O'Brien

Michigan Law Review

On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …

The Laws And Acts Of Jamaica, 1962, Jamaica

Jamaica

The Laws and Acts of Jamaica passed in the year 1962

Published by authority

Appellate Review In England And The United States - Who Bears The Ultimate Burden?, Howard L. Greenberger

Duquesne Law Review

Comparative procedural studies, even between countries with similar legal systems and a common language, are fraught with more than the normal measure of pitfalls. Serious students of comparative problems must continually guard against value judgments based upon ingrained prejudice. In the context of this article, an effort is required of the English lawyer to refrain from characterizing the contingent fee system, so prevalent in the United States, as champertous, unethical conduct and dismissing it on that basis alone. On the other hand, it is imperative that those unfamiliar with the English system of court costs eschew the American preconception that …

Review Of A Bibliography On Foreign And Comparative Law, Whitmore Gray

Reviews

This volume is a most welcome addition to the author's first compilation of English language materials on this subject which covered the period to 1953. The present volume includes books and articles from April 1, 1953 through 1959 and a few articles of special importance after that date. It also includes a few earlier items not included in the first volume.

American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Federalism And The Administration Of Criminal Justice: The Treatment Of Obscenity In The United States, Canada And Australia, Bernard Green

Kentucky Law Journal

No abstract provided.

The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.

Comparative Law Of Privacy, James K. Weeks

Cleveland State Law Review

At this time there is little doubt that the right of privacy is well established in most American jurisdictions. In Europe the situation is much the same. There the concept of "Fault"and "Moral Injury" affords the proper climate for its further development and continued protection. The fact that Continental countries have difficulty in tacking down the concept to a particular category of right, and even, sometimes, to a particular article in their Code, is, after all, inconsequential. Only in England is the right slow to come into its own, but the increasing awareness of the English Bench and Bar that …