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Articles 9061 - 9090 of 13771

Full-Text Articles in Comparative and Foreign Law

The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham Aug 2003

The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham

ExpressO

Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …

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Alternative Forms Of Judicial Review, Mark Tushnet Aug 2003

Alternative Forms Of Judicial Review, Mark Tushnet

Michigan Law Review

The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design features that operate at the next lower level. Here legislatures …

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Comparative Constitutionalism In A New Key, Paul W. Kahn Aug 2003

Comparative Constitutionalism In A New Key, Paul W. Kahn

Michigan Law Review

Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is …

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Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet Aug 2003

Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet

Michigan Law Review

In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …

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Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng Aug 2003

Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng

Cardozo Law Review

No abstract provided.

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This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser Jul 2003

This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser

ExpressO

No abstract provided.

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The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe Jul 2003

The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe

Brigham Young University Journal of Public Law

No abstract provided.

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Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy Jul 2003

Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy

Brigham Young University Journal of Public Law

No abstract provided.

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The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman Jul 2003

The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman

University of Miami Inter-American Law Review

No abstract provided.

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Pesification And Economic Crisis In Argentina: The Moral Hazard Posed By A Politicized Supreme Court, Becky L. Jacobs Jul 2003

Pesification And Economic Crisis In Argentina: The Moral Hazard Posed By A Politicized Supreme Court, Becky L. Jacobs

University of Miami Inter-American Law Review

No abstract provided.

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Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain Jul 2003

Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

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Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin Jul 2003

Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin

Cardozo Journal of International and Comparative Law

The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.

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Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala Jul 2003

Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala

Cardozo Journal of International and Comparative Law

The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.

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Legal Protection Of Indigenous Culture In Australia, Ronald Sackville Jul 2003

Legal Protection Of Indigenous Culture In Australia, Ronald Sackville

Cardozo Journal of International and Comparative Law

The article examines the legal protection of Indigenous culture in Australia, highlighting both progress and persistent challenges. While significant strides have been made, such as constitutional amendments and the recognition of native title, the legal system still struggles to adequately protect Indigenous cultural rights, particularly in reconciling them with existing intellectual property and heritage protection frameworks.

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Introduction, Peter K. Yu Jul 2003

Introduction, Peter K. Yu

Cardozo Journal of International and Comparative Law

The introduction explores the challenges of protecting traditional knowledge, folklore, and indigenous practices within the global intellectual property framework. It argues that the success of such protection depends on selecting the appropriate international forum for negotiations, fostering a nonzero-sum mindset among negotiators, addressing cognitive barriers, and ensuring the active participation of indigenous communities. The introduction emphasizes the need for a balanced approach that considers the diverse interests of various stakeholders, including developed and developing countries, indigenous peoples, and international organizations.

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Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris Jun 2003

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

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The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks Jun 2003

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

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The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann May 2003

The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann

Brigham Young University Journal of Public Law

No abstract provided.

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Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim May 2003

Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim

Washington International Law Journal

This Article analyzes the Korean fair disclosure system and the Korean mandatory disclosure system under the Korean Securities and Exchange Act ("KSEA"). After the turbulence in the financial markets resulting from the economic crises of late 1997, the South Korean government realized that the Korean economy had failed to keep pace with the world economy. The Korean economy underwent many changes after being offered financial relief from the International Monetary Fund. As part of these changes, the government adopted a series of structural reform measures to improve the standard of corporate governance and enhance corporate management. The KSEA now provides …

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Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova May 2003

Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova

Washington International Law Journal

This Article represents recent scholarship in Russian jurisprudence concerning the use of alternative dispute resolution procedures. It was written by a professor who is an active participant in law reform projects addressing the problems of elaborating legislation to articulate the rights and duties of parties involved in economic and other disputes. This Article covers three forms of dispute resolution—negotiations, claims-based dispute resolution, and mediation—and identifies characteristics of these procedures that are peculiar to the Russian context. By reviewing the forms of conflict resolution employed in Soviet-era command economy and exploring the contours of contemporary Russian "legal culture," the Article attempts …

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The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya May 2003

The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya

Washington International Law Journal

A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …

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China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller May 2003

China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller

Washington International Law Journal

Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …

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Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu May 2003

Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu

Washington International Law Journal

On January 9, 2003, China's Supreme People's Court issued a new ruling with detailed provisions governing private securities litigation involving disclosure of false or misleading information. The new ruling is expected to play an important role in regulating and developing China's securities markets by providing a necessary judicial safeguard against infringement upon investors' interests. The new ruling, however, is unlikely to achieve its expected effect due to various procedural and substantive hurdles to investor access to judicial recourse. The built-in procedural hurdles either make it very difficult for securities investors to bring private actions, or, in some circumstances, deprive them …

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Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown May 2003

Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown

Washington International Law Journal

In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …

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The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook May 2003

The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook

Washington International Law Journal

Despite numerous laws that guarantee women equal rights and prohibit violence, the current Cambodian legal system has proven inadequate to combat spousal abuse. In response, the Royal Government of Cambodia has proposed a draft-law specifically aimed at domestic violence. However, if enforcement of current Cambodian law in domestic violence situations is any indication, the proposed law has little hope of implementation. Current cultural paradigms make the Cambodian police and the public at large view domestic violence as a private matter rather than a crime. Thus, Cambodia is in need of new strategies to reduce domestic violence. Cambodia is not alone …

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Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic May 2003

Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic

BYU Law Review

No abstract provided.

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Secularism And French Religious Liberty: A Sociological And Historical View, Jean Bauberot May 2003

Secularism And French Religious Liberty: A Sociological And Historical View, Jean Bauberot

BYU Law Review

No abstract provided.

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A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong May 2003

A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong

BYU Law Review

No abstract provided.

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State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan May 2003

State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan

BYU Law Review

No abstract provided.

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Religious Liberty And French Secularism, Jacques Robert May 2003

Religious Liberty And French Secularism, Jacques Robert

BYU Law Review

No abstract provided.

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