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Comparative and Foreign Law

Washington Law Review

1995

Articles 1 - 2 of 2

Full-Text Articles in Law

A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger Jul 1995

A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger

Washington Law Review

This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.


A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie Jul 1995

A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie

Washington Law Review

American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost …