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Articles 1 - 19 of 19
Full-Text Articles in Law
Book Review Of Medical Malpractice Law: A Comparative Law Study Of Civil Responsibility Arising From Medical Care, Paul Marcus
Book Review Of Medical Malpractice Law: A Comparative Law Study Of Civil Responsibility Arising From Medical Care, Paul Marcus
Faculty Publications
No abstract provided.
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Law Faculty Scholarly Articles
A state of the Union may preserve its immunity from suit in its own courts, and the Constitution restricts its amenability to suit in the federal courts. Yet in Nevada v. Hall the Supreme Court held that in a motor-vehicle accident case a state cannot claim a constitutional immunity from suit in the courts of a sister state. The Court indicated, however, that if a suit involved a defendant state's “capacity to fulfill its own sovereign responsibilities,” different constitutional considerations might control. In vigorous dissents Justices Blackmun and Rehnquist argued that the reasoning of the majority precluded even this possibility. …
The Transfer Of Technology To Latin America, Gabriel M. Wilner
The Transfer Of Technology To Latin America, Gabriel M. Wilner
Scholarly Works
The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
Scholarly Articles
None available.
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
Faculty Scholarship
Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?
—Edward, First Baron Thurlow 1731-1806
The Lord Chancellor of England quoted above was neither the first nor the last judge to experience frustration when faced with a convicted corporation. American sentencing judges are likely to face a similar dilemma with increasing frequency in the near future, for a number of signs indicate that corporate prosecutions will become increasingly commonplace. At first glance, the problem of corporate punishment seems perversely insoluble: moderate fines do not deter, …
A Third World Strategy, Thomas Ehrlich, Catherine Gwin
A Third World Strategy, Thomas Ehrlich, Catherine Gwin
Articles by Maurer Faculty
No abstract provided.
The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson
The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson
Faculty Articles and Other Publications
Recent federal court of appeals decisions have relied on fundamental human rights norms to inform constitutional interpretation. This comment reviews the reasoning in those cases to identify possible constitutional uses of fundamental human rights norms and to suggest some conceptual framework for their use. The need for such a framework is illustrated by the cases themselves, which seem disparate and disjointed, with no discernible coherent philosophy, though each makes good sense when considered alone.
Putting The Genie Back Into The Bottle: U.S. Controls Over Sensitive Nuclear Technology, Richard C. Ausness
Putting The Genie Back Into The Bottle: U.S. Controls Over Sensitive Nuclear Technology, Richard C. Ausness
Law Faculty Scholarly Articles
The linkage between the peaceful uses of nuclear energy and weapons development is a complex one; therefore, this article presents both sensitive nuclear technology and the nature of nuclear proliferation in some detail before proceeding to a critique of the current American policy. Accordingly, Part II describes causes of proliferation, uranium enrichment and fuel reprocessing technology, and nuclear proliferation pathways. Part III examines the international safeguards regime, including the Nuclear Non-Proliferation Treaty and the Nuclear Suppliers’ Guidelines. Part IV summarizes the statutory basis for the current U.S. policy, the Nuclear Non-Proliferation Act of 1978, while Part V evaluates this policy …
The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley
The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley
Scholarly Works
In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …
The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher
The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher
Scholarly Works
No abstract provided.
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Scholarly Works
No abstract provided.
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.
Review Of International Product Liability, David S. Cohen
Review Of International Product Liability, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Professional Responsibility Issues In International Law Practice , Roger J. Goebel
Professional Responsibility Issues In International Law Practice , Roger J. Goebel
Faculty Scholarship
The present Code of Professional Responsibility (CPR) is essentially geared to guide the conduct of the lawyer as advocate or litigator. It is certainly of assistance to the American international lawyer in establishing guidelines for his conduct, but only of limited assistance since the international lawyer usually serves more as an advisor to, or negotiator for, his clients. In contrast, the recent ABA draft Model Rules of Professional Conduct (MRPC) provide a more useful basis for examination of the international lawyer's ethical responsibilities, as they do in many respects for the corporate or commercial lawyer who assists domestic clients in …
Introduction: Human Rights And Jurisprudence, Myres Mcdougal, Lung-Chu Chen
Introduction: Human Rights And Jurisprudence, Myres Mcdougal, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Articles & Chapters
No abstract provided.
International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck
International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
French Codification Of A Legal Framework For International Commercial Arbitration, W. Laurence Craig, William W. Park, Jan Paulsson
French Codification Of A Legal Framework For International Commercial Arbitration, W. Laurence Craig, William W. Park, Jan Paulsson
Faculty Scholarship
Resolution of a dispute arising under an international commercial contract frequently has been plagued with uncertainty regarding applicable substantive and procedural law. These problems are not necessarily solved by the presence of an arbitration clause in the contract. In the absence of a clearly defined arbitral system, the parties can not be certain of the rules regarding the arbitral procedure or the recognition and enforcement of arbitral awards. By enacting a decree that specifically applies to international commercial arbitration, France has recently taken a major step toward resolving the uncertainties surrounding the resolution of international commercial disputes. The authors analyze …
The Regime Of Diplomacy And The Tehran Hostages, Kazimierz Grzybowski
The Regime Of Diplomacy And The Tehran Hostages, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.