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Articles 31 - 52 of 52
Full-Text Articles in Law
European Political Cooperation After The Single European Act: The Future Of Foreign Affairs In The European Communities, Daniel T. Murphy
European Political Cooperation After The Single European Act: The Future Of Foreign Affairs In The European Communities, Daniel T. Murphy
Law Faculty Publications
The Single European Act (SEA) consists of two ostensibly unrelated sets of provisions, both of which are intended to contribute to unification among members of the European Communities. Perhaps the major, and most widely publicized, provisions of the SEA consist of amendments to the Treaty of Rome (EEC Treaty). The remaining provisions of the SEA, predominately title III, formalize the system of European Political Cooperation (EPC) within the member states.
Although not widely written about, or perhaps appreciated in this country, EPC has become an efficient system for coordinating foreign affairs positions within the European Economic Community (EPC). The EEC …
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Scholarly Works
We have all suffered moments of vicarious terror over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. There, some institution, government, or group used innocent children, women, and men as fodder for their “war.” Some have claimed that the pusillanimous carnage was in retaliation for the slaughter of equivalent innocents aboard the Iranian Air Bus, similarly destroyed by American forces during the summer of 1988. Others suggested that it was committed by those interested in thwarting prospects of peace in the Middle East.
The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling
The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling
Faculty Scholarship
The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Integrated Pollution Control: The Way Forward, Lakshman Guruswamy
Integrated Pollution Control: The Way Forward, Lakshman Guruswamy
Publications
No abstract provided.
Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy
Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy
Publications
The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …
Ratification By Argentina Of The 1958 New York Convention On Recognition And Enforcement Of Foreign Arbitral Awards, Horacio A. Grigera Naón
Ratification By Argentina Of The 1958 New York Convention On Recognition And Enforcement Of Foreign Arbitral Awards, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Preparing Global Professionals, Alfred C. Aman
Preparing Global Professionals, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler
Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
Articles
No abstract provided.
Privatization Of Public Pension Systems In Developing Nations: A Call For International Standards, Joseph J. Norton
Privatization Of Public Pension Systems In Developing Nations: A Call For International Standards, Joseph J. Norton
Faculty Journal Articles and Book Chapters
No abstract provided.
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Journal Articles
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii
From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii
Scholarly Articles
This article will first discuss the historical background of mutiny, describing several of the major mutinies at sea that have been of interest to legal historians. Then will come an analysis of the history of piracy and an exploration of its symbiotic relationship with mutiny. Subsequent analysis will be given over to municipal law provisions outlawing mutiny - with concentration placed on the postures taken by those nation-states which subscribe to or are guided by the common law. A study of those relevant principles of international law regarded as controlling, as a consequence of historical vectors of force and municipal …
Protection Of Persons (Natural And Juridical), Lung-Chu Chen
Protection Of Persons (Natural And Juridical), Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
Legal Text And Lawyers’ Culture In South Africa, Stephen Ellmann
Legal Text And Lawyers’ Culture In South Africa, Stephen Ellmann
Articles & Chapters
No abstract provided.
The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen
The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow
Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow
Georgetown Law Faculty Publications and Other Works
A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.
Current Developments Concerning The Settlement Of Disputes Involving States By Arbitration And The World Court – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Current Developments Concerning The Settlement Of Disputes Involving States By Arbitration And The World Court – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Our moderator has asked me to talk about the dialogue between the United States and the Soviet Union. With respect to the general contours of the U.S. proposal, I think it is a very constructive one. I do support it, and I urge you all to study it, comment upon it, and try to improve it to take it a bit further. The main feature of it that I want to mention today is the idea of affirmative enumeration of categories of disputes that would be submitted to the Court for jurisdiction as opposed to the historical approach of accepting …
Covert Operations, Lori Fisler Damrosch
Covert Operations, Lori Fisler Damrosch
Faculty Scholarship
As the Constitution begins its third century, the system of congressional oversight of covert action is only in its second decade. In the ancient history of covert action – before the intelligence oversight reforms of the l 970s – Congress did not involve itself in covert operations. After giving the Central Intelligence Agency standing authority to "perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct," Congress paid little attention to what the Executive did under this authority. The era of congressional noninvolvement came to an …
The Single European Act: A Constitution For The Community?, George A. Bermann
The Single European Act: A Constitution For The Community?, George A. Bermann
Faculty Scholarship
If proof were needed that the European Economic Community is still the product of a careful tempering of integrationist impulses with preoccupations of national sovereignty, the recently ratified Single European Act (Single Act or Act) amply supplies it. Although the Single Act represents the most comprehensive revision to date of the Treaty of Rome (EEC Treaty), which established the European Economic Community (European Community or Community), it also reflects the continuing vitality of the view that functional change within the Community takes priority in time over structural and institutional reform. Rather than place European integration on a new set of …
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince
Faculty Scholarship
No abstract provided.