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Articles 9631 - 9660 of 13851
Full-Text Articles in Comparative and Foreign Law
Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin
Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin
University of Miami International and Comparative Law Review
No abstract provided.
Introduction, G. E. Crovetto
Introduction, G. E. Crovetto
University of Miami International and Comparative Law Review
No abstract provided.
Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins
Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins
University of Miami International and Comparative Law Review
No abstract provided.
A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt
A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt
Cornell Law Faculty Publications
This article examines the formation of an immigration policy designed to build up the skill and human capital of a country. We discuss how the process of selecting economic-stream migrants could be designed to yield economic benefits to the host country. Part I examines the theoretical considerations involved in framing a policy that governs economic-stream immigration. In this section, we outline the goals that a host country seeks to achieve in selecting these migrants and propose important elements of a selection scheme. Part II takes a comparative look at existing points-based schemes for selecting economic migrants, focusing on Canada and …
The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis
The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis
Articles
Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.
Landmarks, Signposts, And Directions In Legal Education In The United Kingdom, Roger Burridge
Landmarks, Signposts, And Directions In Legal Education In The United Kingdom, Roger Burridge
Journal of Legal Education
No abstract provided.
Papers From The La Pietra Conference Of International Legal Educators, John Sexton, Carl C. Monk
Papers From The La Pietra Conference Of International Legal Educators, John Sexton, Carl C. Monk
Journal of Legal Education
No abstract provided.
The Status Of Brazilian Legal Education, Nadia De Araujo
The Status Of Brazilian Legal Education, Nadia De Araujo
Journal of Legal Education
No abstract provided.
Haifa And Its Law School: Toward The Future, Yoseph M. Edrey, Sylviane Colombo
Haifa And Its Law School: Toward The Future, Yoseph M. Edrey, Sylviane Colombo
Journal of Legal Education
No abstract provided.
Perspectives On The Internationalization Of Legal Education, Antonio García Padilla
Perspectives On The Internationalization Of Legal Education, Antonio García Padilla
Journal of Legal Education
No abstract provided.
Achieving International Cooperation: Nyu's Global Law School Program, Norman Dorsen
Achieving International Cooperation: Nyu's Global Law School Program, Norman Dorsen
Journal of Legal Education
No abstract provided.
The Structure Of Legal Education In South Africa, John B. Kaburise
The Structure Of Legal Education In South Africa, John B. Kaburise
Journal of Legal Education
No abstract provided.
Legal Education In Korea And The Asian Region, Sang-Hyun Song
Legal Education In Korea And The Asian Region, Sang-Hyun Song
Journal of Legal Education
No abstract provided.
Legal Education In Switzerland: An Example Of The Continental Style, Walter A. Stoffel
Legal Education In Switzerland: An Example Of The Continental Style, Walter A. Stoffel
Journal of Legal Education
No abstract provided.
The Curriculum: Patterns And Possibilities, Judith Welch Wegner
The Curriculum: Patterns And Possibilities, Judith Welch Wegner
Journal of Legal Education
No abstract provided.
Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo
Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo
Journal of Legal Education
No abstract provided.
The Cultural Context Of International Legal Cooperation, Stephen Zamora
The Cultural Context Of International Legal Cooperation, Stephen Zamora
Journal of Legal Education
No abstract provided.
The Legal System And Legal Education In Southern Africa: Past Influences And Current Challenges, Philip F. Iya
The Legal System And Legal Education In Southern Africa: Past Influences And Current Challenges, Philip F. Iya
Journal of Legal Education
No abstract provided.
Women In Afghanistan Since September 11th, Margaret Murphy
Women In Afghanistan Since September 11th, Margaret Murphy
Buffalo Women's Law Journal
No abstract provided.
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Articles
In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …
Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager
Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager
University of Miami Inter-American Law Review
No abstract provided.
Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados
Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados
University of Miami Inter-American Law Review
No abstract provided.
The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra
The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra
University of Miami Inter-American Law Review
No abstract provided.
The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld
The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld
Articles
The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …
A "Jewish State ... To Be Known As The State Of Israel": Notes On Israeli Legal Historiography, Pnina Lahav
A "Jewish State ... To Be Known As The State Of Israel": Notes On Israeli Legal Historiography, Pnina Lahav
Faculty Scholarship
Israeli legal history is a discipline much younger than the history of its fifty-three-year-old state. It began developing in the 1980s and gained momentum in the late 1990s. 3 In the entire state with its four major law schools and several law colleges4 only five scholars consider legal history to be their main field of expertise. 5 And yet, Israeli legal history has proven to be an extremely exciting intellectual discipline, attracting many more scholars than these five. Asher Maoz and Leora Bilsky are only two of a growing number who find legal history an intellectually stimulating enterprise. The …
The Newness Of New Technology, Monroe E. Price
The Newness Of New Technology, Monroe E. Price
Cardozo Law Review
No abstract provided.
The Perceived Values Of Diversity, Then And Now, Peter H. Schuck
The Perceived Values Of Diversity, Then And Now, Peter H. Schuck
Cardozo Law Review
No abstract provided.
Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman
Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman
Journal of Legal Education
No abstract provided.
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
Michigan Telecommunications & Technology Law Review
The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …
Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota
Washington International Law Journal
A number of commentators in Japan have argued that tax treatments for distressed bank loans seem to be more generous in Japan than in the United States, and that, in contrast to Japan, the United States does not allow any deduction for loan loss reserves. However, such arguments have not been based upon a careful analysis of case law and actual tax authority practices. This Article presents a comparative study of the tax treatments for distressed bank loans in the United States and Japan. It analyzes corporate income tax legislation, administrative practices and case law in the 1980s and 1990s …