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Comparative and Foreign Law

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Articles 361 - 390 of 405

Full-Text Articles in Legal Profession

Richard Bonnot Lillich In Remembrance Of A Civilized Scholar, Gordon A. Christenson Jan 1997

Richard Bonnot Lillich In Remembrance Of A Civilized Scholar, Gordon A. Christenson

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Tribute To Richard B. Lillich, Hurst Hannum Jan 1997

Tribute To Richard B. Lillich, Hurst Hannum

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Richard B. Lillich: In Service To The United States, Ronald J. Bettauer, David P. Stewart Jan 1997

Richard B. Lillich: In Service To The United States, Ronald J. Bettauer, David P. Stewart

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood Jan 1997

Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood

Washington International Law Journal

The Japanese bar maintains that ethical considerations mandate a low admission rate. However, the bar's limit on the number of lawyers in Japan has socioeconomic effects that extend beyond the legal profession. Also, because there are too few Japanese lawyers, "quasi-lawyer" legal substitutes have emerged to satisfy pent-up demand for legal services. This comment suggests that the Japanese bar should expand its membership in order to address the shortage of legal services in Japan. An expanded bar could also address many of Japan's hidden socioeconomic ills.


Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram Oct 1996

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Cornell Law Faculty Publications

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.


Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits Jun 1996

Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits

Michigan Law Review

In this essay, I want to investigate German vetting policies by looking at one particular subgroup of examinees: GDR lawyers. In Germany, no other former socialist elite has been submitted to so thorough an ideological cleansing process as the legal profession. After reunification, all GDR judges and prosecutors hoping to remain in office had to undergo investigations that by March 1994 had left only 9.2% of their former numbers in permanent positions. Virtually all East German law professors were removed from their university posts. More than 5000 attorneys in Germany's eastern half are currently being examined for former contacts with …


Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke Jan 1996

Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke

Michigan Journal of Gender & Law

This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.


Paternalism Versus Pugnacity: The Right To Counsel In Japan And The United States, David A. Suess Jan 1996

Paternalism Versus Pugnacity: The Right To Counsel In Japan And The United States, David A. Suess

Indiana Law Journal

No abstract provided.


Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner Mar 1995

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.


Four Views Of Japanese Attorneys, Daniel H. Foote Jan 1995

Four Views Of Japanese Attorneys, Daniel H. Foote

Articles

The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …


The Challenge Of Asian Law, Whitmore Gray Jan 1995

The Challenge Of Asian Law, Whitmore Gray

Articles

Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. A few had taught courses dealing with Asia before beginning their law studies.


A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi Jan 1995

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.


In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone Feb 1993

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …


Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson Jan 1991

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.


Megalaw In The U.K.: Professionalism Or Corporatism? A Preliminary Report, John Flood Jul 1989

Megalaw In The U.K.: Professionalism Or Corporatism? A Preliminary Report, John Flood

Indiana Law Journal

The Growth of Large Law Firms and Its Effect on the Legal Profession and Legal Education, Symposium


Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …


The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato May 1987

The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato

BYU Law Review

No abstract provided.


Lawyers In Soviet Work Life, Michigan Law Review Feb 1985

Lawyers In Soviet Work Life, Michigan Law Review

Michigan Law Review

A Review of Lawyers in Soviet Work Life by Louise I. Shelley


The Servants, Stephan Landsman Feb 1985

The Servants, Stephan Landsman

Michigan Law Review

A Review of Barristers' Clerks, the Law's Middlemen by John Flood


Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law Jan 1985

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.


Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review Feb 1984

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya


Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood Jan 1984

Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood

Articles by Maurer Faculty

No abstract provided.


Book Review, Mark J. Loewenstein Jan 1984

Book Review, Mark J. Loewenstein

Publications

No abstract provided.


Litigation Abuse And The Law Schools, John W. Reed Jan 1983

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …


Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth Mar 1982

Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth

Michigan Law Review

A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White


Book Review. Solicitors And The Wider Community By David Podmore, John Flood Jan 1981

Book Review. Solicitors And The Wider Community By David Podmore, John Flood

Articles by Maurer Faculty

No abstract provided.


Middlemen Of The Law: An Ethnographic Inquiry Into The English Legal Profession, John Flood Jan 1981

Middlemen Of The Law: An Ethnographic Inquiry Into The English Legal Profession, John Flood

Articles by Maurer Faculty

The accomplishments of empirical research are often presented in a context that fails to show the process by which the results came about. This article examines the problems, hitches, and struggles encountered in a research project carried out on the English bar. And emphasis is given to the difficulty of tackling hitherto unexplored occupations that have had a long history of resisting research.


Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le Jan 1981

Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le

Journal Articles

In June 1977, as a result of a case brought before the Tribunal de la Seine, a "mini-revolution" erupted in French legal circles. A young woman associate of a law firm was discharged at mid-month and paid half (F. 1250) her monthly salary. Mme X considered her dismissal improper and filed a complaint with the Bdtonnier (President) of the Paris Bar. After a hearing, the Conseil de l'Ordre (Executive Committee of the Bar) advised the firm to pay Mme X an additional F. 1250 in settlement. Not satisfied, Mine X took her case to the Tribunal de la Seine requesting …


The Benson Report: A Reactionary View Of Community Law Centres, Bryant G. Garth Jan 1980

The Benson Report: A Reactionary View Of Community Law Centres, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Governmental And Private Advocates For The Public Interest In Civil Litigation: A Comparative Study, Mauro Cappellitti Apr 1975

Governmental And Private Advocates For The Public Interest In Civil Litigation: A Comparative Study, Mauro Cappellitti

Michigan Law Review

This article examines the means by which public and group interests are represented in civil proceedings throughout the world. I have focused particular attention upon the Ministère public--a French institution imported by a large number of countries--and its analogues, the Attorney General in the common-law countries and the Prokuratura in the socialist world. The Ministère public is, and has been through its centuries-long history, an institutional method for assuring that the "public interest"--or the "collective" or "general interest,'' or the "social concern"--is adequately represented in civil litigation. Yet, other solutions have been utilized--to some extent, even in France--in lieu …