A Comparative Approach to Legislative Organization: Careerism and Seniority in the United States and Japan

1997 ◽  
Vol 41 (3) ◽  
pp. 965 ◽  
Author(s):  
David Epstein ◽  
David Brady ◽  
Sadafumi Kawato ◽  
Sharyn O'Halloran
Keyword(s):  
United States ◽  
The United States ◽  
Comparative Approach ◽  
Legislative Organization

scholarly journals SEMANTICS AND LEGAL INTERPRETATION: AN APPROACH FROM A COMPARATIVE STUDY OF THE VALUE OF EMBRYONIC LIFE UNDER THE ARGENTINE AND U.S. CONSTITUTIONAL CASE LAW

2014 ◽  
Vol 1 (2) ◽  
pp. 33
Author(s):  
María del Pilar Zambrano ◽  
Estela B. Sacristán
Keyword(s):  
United States ◽  
Comparative Study ◽  
Case Law ◽  
The United States ◽  
Comparative Approach ◽  
Legal Interpretation ◽  
Embryonic Life

The paper analyzes the issue of legal interpretation of the Constitution in the light of a comparative approach between the case law of Argentina and the United States about the value attributed to embryonic life.

Applied Comparative Law: Researching Foreign Law in an Imperfect World

2002 ◽  
Vol 30 (2) ◽  
pp. 232-243 ◽  
Author(s):  
David S. Clark
Keyword(s):  
United States ◽  
International Law ◽  
Cultural Context ◽  
English Language ◽  
The United States ◽  
Comparative Approach ◽  
Foreign Law ◽  
The Social ◽  
International Legal System ◽  
Anglo American

I admit that I am an addict, a compulsive user of libraries and especially law libraries. As a comparative lawyer I need to investigate foreign law, which for me is the law of jurisdictions outside the United States. Since I believe the social and cultural context in which law operates is important to its understanding, I must leave the relative comfort of United States libraries and venture abroad to learn about the features of legal systems not adequately described in books. Beyond common law countries, as the IALL 20th Annual Course illustrates, the language of law is something other than English: yet another hill to climb to understand foreign law. For most of you, United States law is foreign law, which is the other side of the same issue. In addition, public international law lawyers could benefit from the comparative approach. This is particularly true for those from the Anglo-American world who rely almost exclusively on English language materials in their research. This narrow perspective undercuts the fundamental premise of universality behind a truly international legal system.

Asian Immigrant Parents’ Role Enactment While Accessing and Using Services for Their Child With Developmental Disabilities in the United States: A Meta-Synthesis Study

2020 ◽  
Vol 30 (11) ◽  
pp. 1632-1646
Author(s):  
I-Ting Hwang ◽  
Jessica M. Kramer ◽  
Ellen S. Cohn ◽  
Linda L. Barnes
Keyword(s):  
United States ◽  
Developmental Disabilities ◽  
Role Theory ◽  
The United States ◽  
Comparative Approach ◽  
Immigrant Parents ◽  
Parental Role ◽  
Asian Immigrant ◽  
Role Enactment ◽  
Acculturation Theory

We conducted a meta-synthesis to explore how Asian immigrant parents in the United States enact their perceived parental role while using health and educational services for their child with developmental disabilities. We identified 11 qualitative studies for analysis, and examined these studies using a constant comparative approach and thematic analysis informed by role theory and acculturation theory. Based on our analysis, five themes related to parents’ role enactment emerged: (a) parents perceive a multifaceted parental role; (b) parents’ individual factors influence their role enactment; (c) system factors influence parents’ role enactment; (d) parents use coping strategies to address role dissatisfaction; and (e) parental role enactment is a continuously evolving process influenced by acculturation, which spirals them toward their ultimate goal of helping their child thrive. Findings can inform practitioners’ and researchers’ understanding of how to create a culturally safe environment to support Asian immigrant parents in realizing their parental role.

Class Actions in the United States and Israel: A Comparative Approach

2018 ◽  
Vol 19 (1) ◽  
pp. 151-202 ◽  
Author(s):  
Alon Klement ◽  
Robert Klonoff
Keyword(s):  
United States ◽  
Subject Matter ◽  
The United States ◽  
Class Action ◽  
Comparative Approach ◽  
Common Features ◽  
Class Actions ◽  
Per Capita ◽  
The Many ◽  
Action Procedure

Abstract Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also compares class action statistics in the two countries relating to filings and outcomes. We demonstrate the many common features between the United States and Israeli class action procedures. As we illustrate, these common features have led to robust class action practices in both countries. At the same time, there are profound differences between the types of class actions filed and their outcomes. Thus, while Israel has many more class actions than the United States on a per capita basis, the cases are much less consequential from a monetary and subject matter perspective. We explore possible explanations for these observations. Furthermore, this study identifies features — utilized by the United States and Israel — that can serve as models for other countries that are adopting or amending their own class action regimes.

scholarly journals Government Financial Management and the Coronavirus Pandemic: A Comparative Look at South Korea and the United States

2020 ◽  
Vol 50 (6-7) ◽  
pp. 590-597 ◽  
Author(s):  
Sungho Park ◽  
Craig S. Maher
Keyword(s):  
United States ◽  
South Korea ◽  
Financial Management ◽  
Management System ◽  
The United States ◽  
Policy Coordination ◽  
Comparative Approach ◽  
Effective Manner ◽  
Wide Range ◽  
Financial Management System

The novel coronavirus (COVID-19) is an infectious respiratory illness afflicting people to a degree not seen since the flu pandemic of 1968 when approximately one million lives were lost worldwide. What makes COVID-19 distinct is the rate at which it spread throughout the world, stress-testing health care systems and stymieing global economies. To confront this unprecedented crisis, nearly every country has been developing a wide range of policy responses, including fiscal measures. This study aims to discuss government fiscal responses to the pandemic from a financial management perspective. The core question is, “How does each country’s financial management system support its fiscal responses to the crisis?” We are particularly interested in reexamining commonly accepted norms about fiscal federalism and the fiscal condition of national and local governments heading into this pandemic. This study takes a comparative approach to the question, focusing on South Korea and the United States. Our findings suggest that the ability to respond to this pandemic in a comprehensive and effective manner is challenged by each nation’s financial management system that generates variation in policy coordination and responsiveness.

YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Dominant Firm ◽  
Rule Of Reason ◽  
Sherman Act ◽  
Theory Of Theory

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

Tiptoeing the Line Between National Security and Protectionism: A Comparative Approach to Foreign Direct Investment Screening in the United States and European Union

2019 ◽  
Vol 47 (02) ◽  
pp. 105-117
Author(s):  
Jason Jacobs
Keyword(s):  
United States ◽  
European Union ◽  
Foreign Direct Investment ◽  
National Security ◽  
Direct Investment ◽  
The United States ◽  
Comparative Approach ◽  
The European Union ◽  
Policy Goals ◽  
The U.S

AbstractWeaponization of state-backed, foreign investments by China is an emerging national security threat in the United States and the European Union. The U.S. and E.U. have espoused similar policy goals—to address the threat without closing their markets to foreign direct investment—while fostering increased cooperation between allied partners in screening transactions.On the surface, the recent, China-specific measures taken by the U.S. and the investment screening framework adopted by the E.U. appear reflective of an alignment of those policy goals. Indeed, many commentators have suggested that is exactly what is happening. However, closer examination reveals a stark divergence. The U.S. has a robust screening mechanism that has evolved into a weapon of economic warfare. The E.U. meanwhile, remains a patchwork of conflicting—or nonexistent—national regulations overlaid by a comparatively toothless investment screening framework.There is a tendency to attribute this divergence to structural differences between the United States and European Union. This in-depth comparison of U.S. and E.U. investment screening mechanisms exposes a split that goes beyond application and into actual policy. This revelation should temper expectations that the E.U. is equipping itself to block transactions that are of concern to the U.S.

Early Globalization and the Economic Development of the United States and Brazil. By John DeWitt. Westport, CT: Praeger, 2002. Pp. 178.

2003 ◽  
Vol 63 (1) ◽  
pp. 305-306
Author(s):  
Zephyr Frank
Keyword(s):  
United States ◽  
Latin America ◽  
Statistical Tests ◽  
International System ◽  
The United States ◽  
External Factors ◽  
Comparative Approach ◽  
Weak State ◽  
Factor Endowments ◽  
Economic Divergence

The author of this ambitious volume tackles the question: why is the United States rich and Brazil poor? Given the importance of the question and the promising comparative approach, readers of this JOURNAL will be tempted to look into John DeWitt's book. Unfortunately, they are likely to be disappointed. The author claims that internal and external factors combined to generate growth in the United States and to breed underdevelopment in Brazil. The external factors hinge on the purported unfairness of the international system. Brazil, according to DeWitt, was “a weak state that could be treated like a palooka and pummeled with impunity” (p. 113). The internal factors of growth or backwardness adduced in the book are based on a series of case studies of regions or industries, such as coastal towns or whaling, along with generalizations about plantation economics. Although there are many useful insights sprinkled throughout the book, the methodology and bibliography are confused and outdated: there are no time series or statistical tests employed in the text; quantitative data are few and almost entirely descriptive; and no mention is made of recent publications emphasizing institutions and factor endowments as sources of economic divergence between the United States and Latin America. In particular, it is troubling that no mention is made in the text or bibliography to Stephen Haber's edited volume, How Latin America Fell Behind (Stanford, CT: Stanford University Press, 1997). This omission prevents DeWitt from addressing the standard text in the literature and severely detracts from the volume's credibility.

Comparative Perspectives on the Gilded Age and Progressive Era

2002 ◽  
Vol 1 (2) ◽  
pp. 154-179 ◽  
Author(s):  
Ballard Campbell
Keyword(s):  
United States ◽  
Progressive Era ◽  
American History ◽  
Gilded Age ◽  
The United States ◽  
International Perspective ◽  
Comparative Approach ◽  
Future Research ◽  
Comparative History ◽  
Business Politics

Thanks to Richard Jensen, Kriste Lindenmeyer, Alan Lessoff and William G. Shade for helpful comments on this essay.Comparative perspectives on the United States have received increased attention in recent years, stimulated apparently by the rise in world history's popularity. David Thelen's sponsorship of transnational history as a subject of three special issues of the Journal of American History no doubt has contributed to the trend. The reprinting of C. Vann Woodward's The Comparative Approach to American History in 1997, the publication of George Fredrickson's essays on comparative history, and the report of the La Pietra Project reflect recent efforts to put United States history in an international perspective. While comparative history hardly has gained equal footing with nationally-centered studies, enough work on the Gilded Age and Progressive Era has appeared over the last decade and a half to warrant an assessment. This essay takes note of scholarship on economics, business, politics and governance that has examined the United States within an international context during the 1870s–1914 era. My objective is to discern trends in the literature and suggest opportunities for future research rather than to provide a comprehensive bibliographical survey.

scholarly journals Hall of Mirrors: The Great Depression, the Great Recession, and the Uses—and Misuses—of History

2015 ◽  
Vol 89 (3) ◽  
pp. 557-569 ◽  
Author(s):  
Per H. Hansen
Keyword(s):  
United States ◽  
Great Depression ◽  
Great Recession ◽  
Financial Crises ◽  
The United States ◽  
Comparative Approach ◽  
The Great Recession ◽  
The Great Depression ◽  
Successful Search ◽  
Similarities And Differences

Barry Eichengreen's new bookHall of Mirrorsis a detailed, excellent, and somewhat pessimistic comparison of the two most serious financial crises ever—their causes, development, and consequences. Readers well versed in the comprehensive literature on the Great Depression and the Great Recession in the United States and Europe will not find much information inHall of Mirrorsthat is completely new, but most others will. Whatisnew is the comparative approach: the detailed and analytically successful search for similarities and differences between the Great Depression and the Great Recession.

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