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Sovereign states, no matter how strenuously they cling to the Westphalian paradigm, assert their right to regulate persons, property or events in their domestic jurisdictional boundaries, and attempt to enforce these regulations, encounter transboundary interactions that introduce foreign law, judgments, and status into their domestic legal orders. One aspect of the interaction between legal systems is the recognition and enforcement of foreign judgements...
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Discussions of non-formal justice have tended to be seen in terms of opposition between formal" or state justice on the one hand, and informal or popular justice on the other. Models or constructs of state justice are depicted as rule-based institutions, associated with central or state government and dependent on experts with technical legal training. This model is seen as operating on the basis of sanctions or coercion, emphasizing competition and...
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Historically, the legal profession in Asian countries, and in particular in China, has expanded within the decade following a rapid social transition and the government campaign of rule by law. Despite the rapid development of Chinese law, which has changed the appearance and role of the Chinese legal profession, the foundation of the legal profession is not as solid as western countries. Unlike western countries, legal professionalization in China...
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The exercise of legislative review over colonial statutes by metropolitan committees and councils was a policy that colonists at times resisted and contested but in large part acquiesced to. As scholars of the early Empires have shown, the empire was not, and could not, be held together by force. Insurmountable logistical hurdles imposed by distance and financial constraints, coupled with a general reluctance on the part of imperial authorities to...
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Employers can be said to now be in a position of sovereignty, to have, in part, taken over where the community once decided on the right of residency. It is now employers who vet prospective citizens, their qualifications and desirability as future members, while applications for membership are, in the last instance, approved by the state. This is a novel development in citizenship practice in the US landscape.
A new full, revised version as an additional...
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The current situation reflects a system for the recognition and enforcement of foreign judgments in the U.S. that is far from uniform or predictable. In general, it is almost impossible to anticipate the procedural or substantive principles that would be applicable to a particular foreign judgment. It is not until the party seeking the enforcement chooses a forum in the U.S. that the particular state law might give a sense of how the case, could be...
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