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Articles 1 - 30 of 68
Full-Text Articles in Law
Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn
Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Limiting The Scope Of Bruton, William G. Dickett
Sixth Amendment--Limiting The Scope Of Bruton, William G. Dickett
Journal of Criminal Law and Criminology
No abstract provided.
Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam
Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam
Journal of Criminal Law and Criminology
No abstract provided.
In Search Of The Impartial Jury, James J. Gobert
In Search Of The Impartial Jury, James J. Gobert
Journal of Criminal Law and Criminology
No abstract provided.
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Journal of Criminal Law and Criminology
No abstract provided.
Rationalizing Criminal Forfeiture, David J. Fried
Rationalizing Criminal Forfeiture, David J. Fried
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman
Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman
Journal of Criminal Law and Criminology
No abstract provided.
Sixth And Fourteenth Amendments--The Lost Role Of The Peremptory Challenge In Securing An Accused's Right To An Impartial Jury, James G. Bonebrake
Sixth And Fourteenth Amendments--The Lost Role Of The Peremptory Challenge In Securing An Accused's Right To An Impartial Jury, James G. Bonebrake
Journal of Criminal Law and Criminology
No abstract provided.
Supervisory Power Meets The Harmless Error Rule In Federal Grand Jury Proceedings, Rebecca Ann Mitchells
Supervisory Power Meets The Harmless Error Rule In Federal Grand Jury Proceedings, Rebecca Ann Mitchells
Journal of Criminal Law and Criminology
No abstract provided.
Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee
Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee
Northwestern Journal of International Law & Business
Free movement of goods is a fundamental principle of the European Community. Article 36 of the EEC Treaty, however, provides important exceptions to the principle of free movement of goods as embodied in Article 30. Recently, the Court of Justice of the European Community ("Court of Justice" or "Court") has begun to develop a significant body of case law on the protection of human health exception of Article 36. This development coincides with the increasing public interest in consumer protection law, particularly with regard to the production of food-stuffs. Commission of the European Communities v. Federal Republic of Germany presents …
Eighth Amendment--Pretrial Detention: What Will Become Of The Innocent, Michael J. Eason
Eighth Amendment--Pretrial Detention: What Will Become Of The Innocent, Michael J. Eason
Journal of Criminal Law and Criminology
No abstract provided.
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Northwestern Journal of International Law & Business
It was a bright morning in early January 1988. George, a commercial lawyer and partner in a leading Chicago law firm, was sipping coffee and paging through the newspaper. On page fifteen a small item caught his eye: "On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods became effective in the United States. The Convention is now the supreme law of the land without the need for implementing legislation enacted by both houses of Congress. It governs offers made and contracts concluded after its effective date in the United States."'
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Northwestern Journal of International Law & Business
This Article briefly assesses the potential implementation of the Hague Draft Convention from the standpoint of the United States interest in the worldwide unification of international trade law and concludes that United States interests would be well served by adoption of the Hague Draft Convention.
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Northwestern Journal of International Law & Business
welcome Professor Gabor's analyses of the Hague Draft Convention. 1 The Convention is a natural sequel to the United Nations Sales Convention, which has been ratified by the United States and came into effect on January 1st of this year. This latter convention deals with the substantive law of sales and is designed to play a role for the entire world similar to the one played by the Uniform Commercial Code in the United States. Undoubtedly, many states will be slow to ratify the Sales Convention, and some will not do so at all. Thus, implementation of rules addressing the …
Unification And Community: A Rhetorical Analysis Of The United Nations Sales Convention Symposium: Reflections On The International Unfication Of Sales Law , Amy H. Kastely
Northwestern Journal of International Law & Business
In evaluating the constitutive nature of language and of particular texts, rhetorical analysis focuses attention on the nature of the community formed by a text, on its points of coherence and on its potential vulnerabilities. By emphasizing the importance of author, audience, language, and the occasions for discourse, rhetoric provides a way to explore the constitutive power of a text. When applied to the Sales Convention, rhetoric provides a useful analytic tool that allows one to understand theachievements of the Convention and to explore its weaknesses. This Article pursues such a rhetorical analysis of the Convention. Section II discusses the …
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Northwestern Journal of International Law & Business
I am pleased to add Professor Kastely's Article1 to my growing collection of English-language commentaries on the Sales Convention. Many of the early commentaries are descriptive. They sketch the background and present status of the Convention and then provide a doctrinal gloss to all or part of the text. Recent commentaries are more diverse, and while the descriptive pieces continue, some of the recent literature probes the Convention text more deeply, frequently approaching it from new perspectives. Professor Kastely's rhetorical analysis of the Convention text clearly falls among these more provocative commentaries. I commend in particular her identification and discussion …
Liaiblity For Defective Products In The Soviet Union: Socialist Law Versus Soviet Reality, Bruce L. Ottley, Younghee Jin
Liaiblity For Defective Products In The Soviet Union: Socialist Law Versus Soviet Reality, Bruce L. Ottley, Younghee Jin
Northwestern Journal of International Law & Business
This Perspective examines the role of the Soviet legal system in improving the quality of industrial and consumer products.15 After discussing the laws governing the quality of goods and the remedies for defective products,16 the effectiveness of these laws in providing incentives for producing quality goods will be assessed. This Perspective demonstrates that while the socialist law of the USSR provides the tools for assuring product quality, these laws will not be successful until the Soviet Union deals with the more basic realities of its economic and legal systems.
Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver
Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver
Northwestern Journal of International Law & Business
This Comment will consider several of the more common grounds justifying compulsory licenses, particularly as they affect international transactions. After analyzing the dynamic between each theory's practical economic effect and general economic philosophy, the Comment will then question whether the current United States policy against general compulsory licenses remains viable in today's economic markets.
United States Copper Industry In The World Market: Running Hard Yet Losing Ground, David Hricik
United States Copper Industry In The World Market: Running Hard Yet Losing Ground, David Hricik
Northwestern Journal of International Law & Business
The domestic copper industry is a national one, directly affected by seemingly unrelated policies, ranging, for instance, from International Monetary Fund ("IMF") and Multilateral Development Bank ("MDB") lending policies to policies underlying the implementation of the Clean Air Act.'" Yet the United States has no comprehensive national copper policy. Rather, current policy consists primarily of fragmented decisions made without a broad view of the needs of the nation or the domestic copper industry. This Comment first surveys the world copper industry, its recent history, and present condition."t It then addresses the ability of the domestic copper industry to compete on …
Relational Contract Theory And Sovereign Debt, Keith A. Palzer
Relational Contract Theory And Sovereign Debt, Keith A. Palzer
Northwestern Journal of International Law & Business
Relational contract theory will first be presented using principles gleaned from writings in the field 7 to craft a functional/relational model with which to approach legal practice.8 This version of relational contract will then be applied to the problem of developing country debt through description of a hypothetical sovereign loan relationship.9 By exploring the conflicts and trends of this association under a general "taxonomy of relational contract," normative analysis of the restructuring process can be accomplished, contractual trends identified, and suggestions for change offered.'
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Northwestern Journal of International Law & Business
This Comment is divided into four parts. Section II briefly characterizes the nature of the foreign exchange loss problem in EFTs.24 Section III broadly reviews the current law respecting exchange losses and discusses the increased complexity of the exchange loss problem due to the introduction of message-switching and clearinghouse intermediaries in EFTs.25 Section IV reviews and evaluates the proposal to extend the SWIFT interest loss allocation rules to the exchange loss problem, ultimately concluding that the proposal does not sufficiently resolve the exchange problem as it relates to EFT intermediaries.26 Finally, Section V presents two alternatives to deal specifically and …
The Bigness Mystique And The Merger Policy Debate: An International Perspective, Walter Adams, James W. Brock
The Bigness Mystique And The Merger Policy Debate: An International Perspective, Walter Adams, James W. Brock
Northwestern Journal of International Law & Business
The nouvelle vague among prominent U.S. public policy spokesmen is the facilitation of corporate mergers and acquisitions, the promotion of corporate bigness, and the emasculation of the anti-merger law. They claim that this kind of bold new departure is needed to enable firms in the United States to challenge large foreign rivals and regain global competitiveness. These pronunciamentos, and the Weltanschauung which they reflect, are hardly novel. In form and substance, they are an uncanny (and not very imaginative) reincarnation of the mindset that governed economic policy making in Europe in the 1950s and 1960s. Then, as now, bigness was …
The Status Of United States International Taxation: Another Fine Mess We've Gotten Ourselves Into, Karen V. Kole
The Status Of United States International Taxation: Another Fine Mess We've Gotten Ourselves Into, Karen V. Kole
Northwestern Journal of International Law & Business
United States international tax policy in the 1980s and beyond, where are we going and why? The federal income tax has arguably taken a consistent approach to basic international issues since its inception. To this allegedly well balanced compromise between theory and practicality, an increasingly complex maze of rules has been added without much direction. The result is chaos with little apparent benefit. Contrary to the alleged intent of these piecemeal amendments, the changes have complicated, not simplified, the area of the international tax law. In trying to make an inherently imperfect system perfect, monumental administrative burdens have been imposed …
The Lawyer's Intercultural Communication Problems With Clients From Diverse Cultures, Joan B. Kessler
The Lawyer's Intercultural Communication Problems With Clients From Diverse Cultures, Joan B. Kessler
Northwestern Journal of International Law & Business
The role of the lawyer is currently in a state of flux. Former Chief Justice Warren Burger has repeatedly called upon the legal community to increase the study of communication skills in law schools. Other legal and communication scholars have recently discussed the importance of communication skills for the lawyer. More and more lawyers are becoming aware of the importance of understanding the research tools and theories used in communication research. The goal of this Perspective is to unify some of the empirical studies in the social sciences and law and to develop a theoretical model of intercultural interviewing and …
The Recognition Of Foreign Privileges In United States Discovery Proceedings, Kurt Riechenberg
The Recognition Of Foreign Privileges In United States Discovery Proceedings, Kurt Riechenberg
Northwestern Journal of International Law & Business
Discovery of evidence that is not available in the United States is a frequent problem in international litigation before United States courts. A common element of international litigation in such complex cases is that key witnesses reside abroad or crucial business documents belonging to foreign litigants are located in other jurisdictions. Due to the fact-dependent nature of these cases, courts in the United States have been confronted with numerous legal and practical obstacles in their attempts to obtain evidence, whether written or oral, from foreign litigants or non-party witnesses. Discovery orders of United States courts relating to testimonial or documentary …
Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg
Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg
Northwestern Journal of International Law & Business
The rapid industrialization of the Republic of China on the island of Taiwan during the past thirty years has been accompanied by the entry of goods "made in Taiwan" into markets around the world. Indeed, foreign trade has become the backbone of Taiwan's economy and the impetus for its economic growth. Between 1976 and 1984, for example, year-to-year growth rates of imports ranged from 7.4% to 34.0%, while export growth ranged from 14.1% to 53.8%. In its ninth medium-term economic plan, the Council of Economic Planning and Development ("CEPD") calls for Taiwan's economy to grow by an annual average of …
American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik
American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik
Northwestern Journal of International Law & Business
The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations promulgated by the International Trade Administration ("ITA") of the Department of Commerce and the International Trade Commission ("ITC"), contain the appropriate measures followed by these agencies in their investigations of potential dumping and countervailing duty violations. If the ITA determines that an investigation is warranted after considering information reasonable available …
Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause
Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause
Northwestern Journal of International Law & Business
The United States post-war foreign policy towards the East has been dominated by a strategic-military orientation. This Perspective will examine East-West relations from a new perspective, one in which an improved climate of economic relations, based upon mutually beneficial trade and investment contacts between the United States and the major communist nations, provides a complement for diplomatic efforts to reduce global military tensions. The threshold analytical premise of this study is that United States foreign policy must be addressed as a comprehensive whole, and that foreign economic, human rights, political and geostrategic policies are not only interdependent, but indivisible. Decisions …
Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker
Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker
Northwestern Journal of International Law & Business
Undeniably, one of the most significant current economic issues is the role of Direct Foreign Investment ("DFI") in the continued development of all nations, rich and poor. History has shown that successful DFI requires a delicate balance between the investor and host country. The emerging view (and one supported by the plethora of recently enacted or modified Foreign Investment Codes) is to seek only those investments from abroad which might be characterized as "beneficial" to the host country. The United States of Mexico has addressed the question of Direct Foreign Investment for many years. In doing so, Mexican policy regarding …
The Termination Of The United States-Netherlands Antilles Tax Treaty: What Were The Costs Of Ending Treaty Shopping, Frith Crandall
The Termination Of The United States-Netherlands Antilles Tax Treaty: What Were The Costs Of Ending Treaty Shopping, Frith Crandall
Northwestern Journal of International Law & Business
On June 29, 1987 the United States Treasury Department terminated the United States-Netherlands Antilles Tax Treaty (the "Treaty"). The United States and the Netherlands Antilles had attempted to preserve the Treaty for eight years. However, negotiations ended because of a loggerhead over the extent to which the Netherlands Antilles would maintain any tax haven status. Termination of the Treaty was a victory for the United States since third parties to the Treaty could no longer misuse it to evade United States taxes. Furthermore, the termination significantly advanced the continuing United States policy to eliminate "treaty shopping." The purpose of this …