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Articles 1 - 10 of 10
Full-Text Articles in Law
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Michigan Journal of International Law
Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …
The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping
The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping
Michigan Journal of International Law
Part II of this note explains the relevance of using U.S. direct investment in Central America as a starting point for encouraging employee ownership. Part III describes the essential legal framework of the ESOP in the U.S., providing a framework from which to adapt the ESOP to other countries. Part IV argues that all parties participating in this form of expanded ownership will realize significant short and long-term benefits, but points out some problems of transferring ESOPs, a U.S. legal innovation, to different cultural and business environments. Part V presents some of the legal and economic issues of adapting ESOPs, …
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala
Michigan Journal of International Law
This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi
Michigan Journal of International Law
This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan
Michigan Journal of International Law
This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp
Michigan Journal of International Law
Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Michigan Journal of International Law
This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.
Amending The Foreign Sovereign Immunities Act Of 1976 To Better Accommodate Non-Market Economies, J. Thomas Cristy
Amending The Foreign Sovereign Immunities Act Of 1976 To Better Accommodate Non-Market Economies, J. Thomas Cristy
Michigan Journal of International Law
The purpose of this Note is to demonstrate the need for an amendment to the 1976 Act, in addition to those presently under consideration, which recognizes the political and economic realities of the modem world. The following discussion focuses on the FSIA and its inability to accommodate the ideology of non-market economies in making immunity determinations. After examining the FSIA and the development of foreign sovereign immunity in general, the discussion turns to an analysis of the differences between capitalist, or free market societies, and socialist/communist, or non-market systems. Sections IV and V analyze two areas where the failure of …
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Michigan Journal of International Law
This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.
The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman
The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman
Michigan Journal of International Law
This Note will examine the current state of international law concerning property rights to all types of wrecks discovered in international waters. It will show that a multilateral convention is needed to establish an international framework for property rights to shipwrecks of historical and archaeological value, to wrecks of military vessels, and to wrecks of commercial ships such as the Titanic. There may be obstacles to the establishment of a multilateral convention, but the international community must provide certainty to ownership questions, furnish protection for submarine antiquities, and prevent disputes arising from the wrongful salvage of military vessels.