scholarly journals Herein Lies the Rub with Comparative Law Research – From an American Perspective

2021 ◽  
Vol 27 ◽  
pp. 105-134
Author(s):  
Emily Roscoe ◽  
Charles Szypszak
Keyword(s):  
United States ◽  
Comparative Law ◽  
Case Law ◽  
The United States ◽  
Language And Culture ◽  
American Perspective ◽  
The Law

The legal community in the United States has good reasons to be interested in the laws of other nations, but there are real barriers to finding and understanding comparative law. This article describes important differences in how law is envisioned in the United States: the pre-eminence of the adopted Constitution as the ultimate statement of rights and government powers, the interpretive role of judges in a unique federalist system, and the importance of case law in learning and talking about the law. This article also describes overarching obstacles that interfere with finding and reading comparative law: the influence of language and culture on formulating and carrying out research enquiries, and the increasingly bewildering array of interferences in accessing law authority and scholarship even when its existence is known.

scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States

2012 ◽  
Vol 2 (3) ◽  
pp. 34
Author(s):  
Jr. Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Strict Liability ◽  
Case Law ◽  
The United States ◽  
Managerial Decision ◽  
Products Liability ◽  
Product Manager ◽  
The Common ◽  
The Law ◽  
Product Defect

This article provides an overview or primer on the law of products liability in the United States for use in the managerial decision-making process.  It focuses on the development of case law under the common law in determining a product defect, types of defects, theories of recovery, and the move to the adoption of the theory of strict liability in products cases.  The article is written within the context of the Restatement of the Law of Torts.  The article provides useful information to the product manager who is responsible for production decisions in a business organization. Key words: Products Liability, Product Defects, Strict Liability in Tort

scholarly journals Migraciones y fronteras en la época del fetichismo de la ley/ Migrations and borders in the age of the fetishism of the law

2018 ◽  
pp. 29-43
Author(s):  
Yerko Castro Neira
Keyword(s):  
United States ◽  
The United States ◽  
The Law ◽  
Human Displacement

En este artículo revisamos diversos aspectos que caracterizan a las migraciones y los desplazamientos humanos en la actualidad. Vemos cómo en diversas latitudes se repiten escenarios de violencias múltiples y complejas, que afectan a las personas y a los países. Con base en el trabajo de campo desarrollado en Tijuana, en la frontera de México con Estados Unidos, reflexionamos sobre el papel de la ley y la seguridad en la conformación de esos escenarios violentos. Así, nos proponemos cuestionar la ambigüedad de la ley y de los discursos de seguridad, intentando aportar a una visión en la que el derecho pueda coexistir con una cultura de sentimientos favorables a la convivencia humana y social diversa. Abstract In this paper, we review various aspects that characterize migrations and human displacement today. We see how, in different latitudes, scenarios of multiple and complex violence are repeated. Based on fieldwork developed in Tijuana, on the border of Mexico with the United States, we reflect on the role of law and security in shaping those violent scenarios. In this way, we propose to question the ambiguity of the law and security discourses, trying to contribute to a vision in which the law is in conformity with a culture of feelings favorable to the human and social diverse coexistence.

The Restatement and Beyond

2020 ◽  
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Historical Context ◽  
The United States ◽  
Government Officials ◽  
Foreign Government ◽  
Domestic Courts ◽  
Domestic Jurisdiction ◽  
The Law

This book, The Restatement and Beyond, grapples with the most significant issues in contemporary U.S. foreign relations law. The chapters in this text respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively, the essays in this book provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in six parts. The first part provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The next four parts look at contested issues in foreign relations law today, specifically the law of treaties, the role of domestic courts in interpreting and applying international law, the limits on domestic jurisdiction, and the law of immunity as to states, international organizations, and foreign government officials. The last part considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law’s development.

Affirmative Action in the United States and Positive Action in the European Union in the Context of Comparative Law

2013 ◽  
pp. 230-257
Author(s):  
Anna-Maria Konsta
Keyword(s):  
United States ◽  
European Union ◽  
Affirmative Action ◽  
Comparative Law ◽  
Case Law ◽  
The United States ◽  
The European Union ◽  
Substantive Equality ◽  
Positive Action ◽  
Formal Equality

The concept of “formal” equality is an expression of the Aristotelian principle that “treats like cases as like”. However, formal equality may not be sufficient to provide “equality in practice” or “substantive equality.” The implementation of substantive equality often requires the adoption of compensatory policies or measures designed to correct the effects of discrimination suffered by various population groups in the past or present. Such compensatory measures are known as affirmative or positive action. The term “affirmative action” had its beginnings in the 1960s in the USA, as a response to the racial segregation rooted in the country’s history and still prevalent in that decade. In the European Union, the concept of positive action appeared in the 1970s, and was initially associated with promoting gender equality, and subsequently with “substantive” equality of men and women in the workplace. In this chapter the legislative framework and the case law of the Supreme Court is examined in respect to affirmative action in the United States followed by the corresponding European Union legislation and the case law of the ECJ, attempting, finally, to give a comparative review of the law of affirmative action. This study should help us, through the spectrum of Comparative Law, to better understand not only the concept of social rights but also the different values and different perceptions of the law prevailing in different legal cultures.

scholarly journals role of the public prosecutor in the United States

2020 ◽  
Vol 12 (1) ◽  
pp. 253-263
Author(s):  
Michael C. Kovac
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
The United States ◽  
Public Prosecutor ◽  
Common Goal ◽  
The Public

Prosecutors in the United States play multifaceted roles in their criminal justice system. They provide guidance during the investigative stages of cases, lead the prosecution of cases in the country’s adversarial proceedings, police their own profession, and lead legislative efforts aimed at making the system more just for all involved. There are separate prosecuting offices for the separate sovereignties located within the countries. Statutes, constitutions, and case law establish the rights and duties of those separate offices. All prosecuting offices in the United States share the pursuit of justice as their common goal.

Affirmative Action in the United States and Positive Action in the European Union in the Context of Comparative Law

2015 ◽  
pp. 526-554
Author(s):  
Anna-Maria Konsta
Keyword(s):  
United States ◽  
European Union ◽  
Affirmative Action ◽  
Comparative Law ◽  
Case Law ◽  
The United States ◽  
The European Union ◽  
Substantive Equality ◽  
Positive Action ◽  
Formal Equality

The concept of “formal” equality is an expression of the Aristotelian principle that “de?? t??? ?s??? ?s?? e??a?” (“treats like cases as like”). However, formal equality may not be sufficient to provide “equality in practice” or “substantive equality.” The implementation of substantive equality often requires the adoption of compensatory policies or measures designed to correct the effects of discrimination suffered by various population groups in the past or present. Such compensatory measures are known as affirmative or positive action. The term “affirmative action” had its beginnings in the 1960s in the USA, as a response to the racial segregation rooted in the country's history and still prevalent in that decade. In the European Union, the concept of positive action appeared in the 1970s, and was initially associated with promoting gender equality, and subsequently with “substantive” equality of men and women in the workplace. In this chapter the legislative framework and the case law of the Supreme Court is examined in respect to affirmative action in the United States followed by the corresponding European Union legislation and the case law of the ECJ, attempting, finally, to give a comparative review of the law of affirmative action. This study should help us, through the spectrum of Comparative Law, to better understand not only the concept of social rights but also the different values and different perceptions of the law prevailing in different legal cultures.

The Role of Popular Justice in U.S. History

2016 ◽  
Author(s):  
Elizabeth Dale
Keyword(s):  
United States ◽  
The United States ◽  
Constitutional History ◽  
Perceived Injustice ◽  
Popular Justice ◽  
History Of ◽  
State Actors ◽  
The Law

This essay argues that popular justice must be understood as an integral (and disturbing) part of the legal and constitutional history of the United States. To explore that idea, this essay examines popular justice as a process that occurs whenever people take the law into their own hands. Viewing popular justice as a process of judging and punishing tells us several key things about the concept. First, it suggests that while popular justice may be violent, it need not be; gossip may punish as effectively as tarring and feathering. Second, it implies that popular justice need not always be carried out by a collective; individuals can take the law into their own hands in defense of person or property, or to protest perceived injustice. Third, it reminds us that there is a constitutional aspect to popular justice: it is “popular” because it is carried out by non-state actors.

Constitutional Adjudication as a Means of Realizing the Equal Stature of Men and Women Under the Law

1993 ◽  
Vol 14 (1) ◽  
pp. 125-138
Author(s):  
Ruth Bader Ginsburg
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Bill Of Rights ◽  
Central Theme ◽  
Men And Women ◽  
The Law ◽  
Constitutional Adjudication ◽  
The U.S

My remarks center on case law written in the United States, since 1970, on the equal stature of men and women under the law. Before taking up that development, I will make some opening comments about this conspicuous difference between the Declaration of the Rights of Man and the U.S. Bill of Rights, as ratified 200 years ago: equality is a central theme of the French Declaration; the word "equal" or "equality," by contrast, does not even appear in the original U.S. Constitution or in the first ten amendments that compose the Bill of Rights.

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