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Articles 1 - 8 of 8
Full-Text Articles in Law
Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii
Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii
BYU Law Review
No abstract provided.
Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody
Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody
All Faculty Scholarship
Fundamental tax reform would do far more damage to charities than the obvious repeal of the deduction for charitable contributions. Over the decades, charities have quietly garnered billions of dollars worth of indirect benefits. For example, the largest tax expenditure - the exclusion from workers' income of employer-provided health insurance - has fattened nonprofit hospitals, and the new tuition tax credits promise to spur tuition inflation. Tax reform presents an opportunity to eliminate tax subsidies and enact any desired direct expenditures for specific public goods and activities. However, converting tax expenditures to direct outlays would likely take the form of …
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Michigan Journal of International Law
This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Faculty Publications
One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …
The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn
The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn
Michigan Journal of International Law
Review of International Trade Law and the GATT/WTO Dispute Settlement System by Ernst-Ulrich Petersmann
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Michigan Journal of International Law
In the face of the remarkable growth of international organizations in the last fifty years, scholars in multiple disciplines have sought to explain why and how states cooperate. Dispute resolution is one of the most crucial components of international cooperation. Examining the dispute resolution regimes of international organizations in light of these theories can inform and help reform these evolving regimes.
Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn
Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn
Michigan Journal of International Law
This paper aims to present the legal analysis of the rulings by the Panel and, with more emphasis, the Appellate Body in US-Shrimp. Section I briefly reviews general dispute settlement mechanisms provided in international environmental conventions. Section II summarizes the practices regarding Article XX of the GATT in the GATTIWTO dispute settlement systems prior to US-Shrimp. Section III presents the factual background of US-Shrimp case and the legal analysis of several procedural and substantive issues specifically addressed in the Appellate Body report. Section IV examines the remaining issues to be addressed in trade disputes with environmental implication after …
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
UIC Law Review
No abstract provided.