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Articles 1 - 30 of 63
Full-Text Articles in Law
U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh
U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh
LLM Theses and Essays
There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts …
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
All Faculty Scholarship
Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.
Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White
Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White
All Faculty Scholarship
This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.
The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the federalism movement …
A Miscarriage Of Justice In Massachusetts: Eyewitness Identification Procedures, Unrecorded Admissions, And A Comparison With English Law, Stanley Z. Fisher, Ian K. Mckenzie
A Miscarriage Of Justice In Massachusetts: Eyewitness Identification Procedures, Unrecorded Admissions, And A Comparison With English Law, Stanley Z. Fisher, Ian K. Mckenzie
Faculty Scholarship
Like many other states, Massachusetts has recently known a number of acknowledged miscarriages of justice. This article examines one of them, the Marvin Mitchell case, in order to ask two questions: "What went wrong?" and "What systemic reforms might have prevented this injustice?" In seeking ideas for reform, we look to English law.
In 1990 Marvin Mitchell was convicted of rape in Massachusetts. Seven years later he became the first Massachusetts prisoner to be exonerated by DNA testing. In this article we describe the two key factors leading to Mitchell's wrongful conviction: faulty eyewitness identification procedures, and inadequate safeguards surrounding …
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith
Presentations
No abstract provided.
Lay Participation In Legal Decision Making: Introduction To Law & Policy Special Issue, Valerie P. Hans
Lay Participation In Legal Decision Making: Introduction To Law & Policy Special Issue, Valerie P. Hans
Cornell Law Faculty Publications
United States scholarship on lay participation revolves around one predominant form of lay participation, the jury (Hans & Vidmar forthcoming 2004). However, in the legal systems of many countries, laypeople participate as decision makers in other ways. Laypersons serve as judges (Provine 1986), magistrates (Diamond 1993), and private prosecutors (Perez Gil 2003). Lay and law-trained judges may also decide cases together in mixed tribunals (Kutnjak Ivkovi6 2003; Machura 2003; Vidmar 2002). Although diverse in structure, these methods share with the jury a set of animating ideas about lay involvement in legal decision making.
Many of these ideas appear to be …
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Law Faculty Scholarly Articles
In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …
Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul
Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul
The Sompong Sucharitkul Center for Advanced International Legal Studies
Last year, Golden Gate presented "A Survey of Progressive Developments of International Law and Order since the events of 11 September 2001 ". This year, a further succession of events have taken place that warrant a fresh examination of "Recent Developments in International and Comparative Law on the Urgent Necessity for Feasible Alternatives to the Use of Force in Contemporary International Law." An imminent and impending threat of the preemptive use of force to prevent war and continuing deployment of forces poised to strike as if to demonstrate that the only plausible means to achieve the ultimate peace is to …
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Publications
No abstract provided.
Reform Of The Choice Of Law Rule Relating To Torts: Report Of The Law Reform Committee Of The Singapore Academy Of Law, Jimmy Yim, Suresh Divyyanathan, Woon Yin Liew, Yock Lin Tan, Joel Tye Beng Lee, Tiong Min Yeo
Reform Of The Choice Of Law Rule Relating To Torts: Report Of The Law Reform Committee Of The Singapore Academy Of Law, Jimmy Yim, Suresh Divyyanathan, Woon Yin Liew, Yock Lin Tan, Joel Tye Beng Lee, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
An act done abroad is actionable as a tort in Singapore if it is both actionable as a tort according to the law of Singapore and the law where the act was done. This double actionability rule which requires actionability by the law of Singapore even though the act in question was done abroad, was first enunciated in the 19th century when proof of foreign law was difficult and unfamiliarity with and perhaps suspicion of foreign law was inevitable. The UK, Australia, and Canada have replaced the rule with a more ‘international’ choice of law rule which reflects changes in …
Comparative Reasoning And Judicial Review, Sarah K. Harding
Comparative Reasoning And Judicial Review, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker
Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker
All Faculty Scholarship
This essay was written under contract with the United Nations to serve as background for my testimony as an expert witness in behalf of Hassen Ngeze in his prosecution before the International Criminal Tribunal for Rwanda. (On motion of the prosecutor, the Court excluded this essay - or report - and the offer of my testimony.) In the Prosecutor v. Ngeze, the prosecution charged Ngeze with direct and public incitement to genocide and conspiracy to commit genocide almost entirely on the basis of his publication of a newspaper, Kangura one of many newspapers being published in Rwanda during the period …
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Faculty Publications
No abstract provided.
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Reviews
The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner
UIC Law Open Access Faculty Scholarship
No abstract provided.
México: ¿Nuevamente Una Colonia Europea?, Richard Stith
México: ¿Nuevamente Una Colonia Europea?, Richard Stith
Law Faculty Publications
No abstract provided.
The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber
The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber
All Faculty Scholarship
No abstract provided.
Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright
Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright
All Faculty Scholarship
No abstract provided.
[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So
[Sjd Dissertation On Public Participation In South And North Korean Environmental Laws], Byungchun So
Dissertations & Theses
The primary aim of this thesis is to explore public participation in the environmental decision-making process for potential benefits in developing Korean environmental laws. Public participation contributes to sustainable development through effective environmental management; in addition, it improves accountability and transparency in the decision-making processes of governmental agencies as a complementary measure of direct and participatory democracy. Therefore, public participation is crucial not only to environmental protection but also to the development of democracy—two major concerns of Korea in the new Millennium.
American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner
American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner
All Faculty Scholarship
Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …
Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu
UIC Law Open Access Faculty Scholarship
No abstract provided.
Comparative And International Health Law, Timothy Stoltzfus Jost
Comparative And International Health Law, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
The Professional In Legal Education: Foreign Perspectives, James Maxeiner
The Professional In Legal Education: Foreign Perspectives, James Maxeiner
All Faculty Scholarship
Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …
Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost
Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Continuing Fictions Of Latin American Law, Jorge L. Esquirol
Continuing Fictions Of Latin American Law, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman
Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman
All Faculty Scholarship
This article briefly describes the history of jury courts and lay participation in various countries, and the inter-related political and procedural reasons for introducing lay participation. It specifically focuses on the introduction of lay participation in application to Japan’s new mixed court system.
Ending Marriage As We Know It, Nancy Polikoff
Ending Marriage As We Know It, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote
Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote
Articles
Over the past two years I have become so heavily involved in the justice system reform discussions - in particular the discussions regarding legal training - that it would be nearly impossible for me to address the assigned topic of reform from a detached perspective. Rather than attempt to do so, I will offer certain personal impressions of the reforms, with particular reference to legal education.