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Comparative and Foreign Law

1994

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The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton Jan 1994

The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton

LLM Theses and Essays

Since World War II new security devices have evolved in both France and the United States. In France, the new device is known as the first demand guarantee. In the United States, it is called standby letter of credit. The underlying market forces which caused these devices to be developed are the same. But the label applied to the devices and the bodies of existing doctrine with respect to which they are formulated is different. In the French view, the difference between the two instruments is just a matter of different labels. But in the American view, the distinction between …


U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu Jan 1994

U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu

LLM Theses and Essays

This thesis explores the complex landscape of intellectual property protection in the context of the U.S-China trade relations. U.S. intellectual property protection in China has emerged as a critical issue in the U.S.-China trade relations, impacting tensions and becoming a critical point. The thesis examines the challenges posed by China’s historical attitudes towards intellectual property rights. China’s historical lack of respect for intellectual property rights, compounded by the Communist political culture, has led to widespread piracy, particularly as China pursues the market-driven economics of U.S. intellectual property protection in China. The Agreements on Trade Related Aspects of Intellectual Property Rights …


The Roman Foundations Of European Law, William Ewald Jan 1994

The Roman Foundations Of European Law, William Ewald

All Faculty Scholarship

No abstract provided.


French And American Judicial Opinions, Michael Wells Jan 1994

French And American Judicial Opinions, Michael Wells

Scholarly Works

In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …


Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann Jan 1994

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …


Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei Jan 1994

Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei

Faculty Scholarship

No abstract provided.


Review Of State Constitutional Law: Cases And Materials, 2nd Ed., By Robert F. Williams, Charles Baron Dec 1993

Review Of State Constitutional Law: Cases And Materials, 2nd Ed., By Robert F. Williams, Charles Baron

Charles H. Baron

No abstract provided.


The Demise Of Collective Bargaining In The Usa: Reflections On The Un-American Character Of American Labor Law, Reinhold Fahlbeck Dec 1993

The Demise Of Collective Bargaining In The Usa: Reflections On The Un-American Character Of American Labor Law, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet Dec 1993

Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The New Constitutional Politics Of Europe, Alec Stone Sweet Dec 1993

The New Constitutional Politics Of Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.