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Articles 1 - 30 of 56
Full-Text Articles in Law
Priviliege Against Self-Incrimination In A Rescue Situaiton, The , William T. Pizzi
Priviliege Against Self-Incrimination In A Rescue Situaiton, The , William T. Pizzi
Journal of Criminal Law and Criminology
No abstract provided.
Racism On Trial: New Evidence To Explain The Racial Composition Of Prisons In The United States, Patrick A. Langan
Racism On Trial: New Evidence To Explain The Racial Composition Of Prisons In The United States, Patrick A. Langan
Journal of Criminal Law and Criminology
No abstract provided.
Social Inequality And Crime Control, David F. Greenberg, Ronald C. Kessler, Colin Loftin
Social Inequality And Crime Control, David F. Greenberg, Ronald C. Kessler, Colin Loftin
Journal of Criminal Law and Criminology
No abstract provided.
Impact Of Judicial Commentary Concerning Eyewitness Identifications On Jury Decision Making, The , Richard D. Katzev, Scott S. Wishart
Impact Of Judicial Commentary Concerning Eyewitness Identifications On Jury Decision Making, The , Richard D. Katzev, Scott S. Wishart
Journal of Criminal Law and Criminology
No abstract provided.
Credit Card Fraud: The Neglected Crime , Brian F. Caminer
Credit Card Fraud: The Neglected Crime , Brian F. Caminer
Journal of Criminal Law and Criminology
No abstract provided.
Exclusionary Rule And Its Alternatives--Remedies For Constitutional Violations In Canada And The United States, The , Donald V. Macdougall
Exclusionary Rule And Its Alternatives--Remedies For Constitutional Violations In Canada And The United States, The , Donald V. Macdougall
Journal of Criminal Law and Criminology
No abstract provided.
Heath V. Alabama: A Case Study Of Doctrine And Rationality In The Supreme Court, Ronald J. Allen, John P. Ratnaswamy
Heath V. Alabama: A Case Study Of Doctrine And Rationality In The Supreme Court, Ronald J. Allen, John P. Ratnaswamy
Journal of Criminal Law and Criminology
No abstract provided.
Function Over Form: The Automobile Exception Applied To Motor Homes--Fourth Amendment: California V. Carney, 105 S. Ct. 2066 (1985), Shane V. Nugent
Function Over Form: The Automobile Exception Applied To Motor Homes--Fourth Amendment: California V. Carney, 105 S. Ct. 2066 (1985), Shane V. Nugent
Journal of Criminal Law and Criminology
No abstract provided.
References To Appellate Review In Capital Sentencing Determinations--Eighth Amendment: Caldwell V. Mississippi, 105 S. Ct. 2633 (1985), Michael L. Schultz
References To Appellate Review In Capital Sentencing Determinations--Eighth Amendment: Caldwell V. Mississippi, 105 S. Ct. 2633 (1985), Michael L. Schultz
Journal of Criminal Law and Criminology
No abstract provided.
Assembling A Jury Willing To Impose The Death Penalty: A New Disregard For A Capital Defendant's Rights--Sixth Amendment: Wainwright V. Witt, 105 S. Ct. 844 (1985), Patrick J. Callans
Assembling A Jury Willing To Impose The Death Penalty: A New Disregard For A Capital Defendant's Rights--Sixth Amendment: Wainwright V. Witt, 105 S. Ct. 844 (1985), Patrick J. Callans
Journal of Criminal Law and Criminology
No abstract provided.
Pretrial Detention Of Juveniles And Its Impact On Case Dispositions, The , Charles E. Frazier, Donna M. Bishop
Pretrial Detention Of Juveniles And Its Impact On Case Dispositions, The , Charles E. Frazier, Donna M. Bishop
Journal of Criminal Law and Criminology
No abstract provided.
Blackmail Myth And The Prosecution Of Rape And Its Attempt In 18th Century London: The Creation Of A Legal Tradition, The , Antony E. Simpson
Blackmail Myth And The Prosecution Of Rape And Its Attempt In 18th Century London: The Creation Of A Legal Tradition, The , Antony E. Simpson
Journal of Criminal Law and Criminology
No abstract provided.
Predicting The Career Criminal: An Empirical Test Of The Greenwood Scale, Scott H. Decker, Barbara Salert
Predicting The Career Criminal: An Empirical Test Of The Greenwood Scale, Scott H. Decker, Barbara Salert
Journal of Criminal Law and Criminology
No abstract provided.
Testing Alternative Models Of Fear Of Crime, Ralph B. Taylor, Margaret Hale
Testing Alternative Models Of Fear Of Crime, Ralph B. Taylor, Margaret Hale
Journal of Criminal Law and Criminology
No abstract provided.
The Moral Dilemma Of Positivism, Anthony D'Amato
The Moral Dilemma Of Positivism, Anthony D'Amato
Faculty Working Papers
I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …
Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich
Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich
Northwestern Journal of International Law & Business
Despite considerable advance publicity, the internationalization of the world's stock markets remains in the incipient stage of development. Nonetheless, the exchange of capital across international borders through the purchase and sale of equity securities is likely to continue. This Comment will explore the potential problems faced by United States shareholders when the corporations in which they own stock list and offer equity securities on stock exchanges in foreign countries.
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Northwestern Journal of International Law & Business
Up until the last six or seven years, very little attention has been paid in the West to the tax system of the People's Republic of China ("PRC" or "China"). This is understandable since, in the immediate post-liberation years, many countries in the Western Hemisphere tried hard to pretend that the PRC did not exist at all. Following its break with the Soviet Union in 1960, China adhered firmly to a policy of self-reliance. China's opening to the West, in economic terms, did not really begin until approximately 1978. Given the type of economic system which had evolved in China …
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Northwestern Journal of International Law & Business
A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Northwestern Journal of International Law & Business
In many ways, the space shuttle inaugurated a new phase in the development of space as an international resource. The shuttle may be used to launch satellites into orbit and has the additional capability of retrieving and repairing satellites. As the number of satellites in orbit increases, the problem of interference among satellites escalates. The issue centers around the geostationary orbit and the electromagnetic spectrum as well as direct satellite broadcasting from orbiting transmission stations to individual receivers. This Comment will examine the current legal and probable future state of the international zone known as the geostationary orbit and the …
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock
Northwestern Journal of International Law & Business
United States manufacturers have sometimes found themselves unable to identify which unfair import competitors have injured their industries when sources of unfair competition exist in more than one country. These manufacturers have had some redress from unfair trade available to them through various federal trade laws, including, inter alia, the antidumping and countervailing duty laws. Until recently, however, these laws have largely addressed unfair trade competition coming from a single foreign country source at a time; they have not, however, addressed the "hammering effect" of unfair competition from many sources operating in the market at once or sequentially. The International …
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
Northwestern Journal of International Law & Business
The Federal Republic of Germany, one of the United States' main trading partners, has a rather different approach to the liability of a parent corporation for the debts of its subsidiaries. In the United States, the affiliated enterprises doctrine is generally viewed as a subcategory of the piercing the corporate veil doctrine. Under German law, there is a sharp distinction between the general rules on piercing the corporate veil, which may also be applied to a parent-subsidiary relationship, and the special legal framework governing the Konzernrecht (law of affiliated enterprises). German corporation law is based on the assumption that in …
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
Northwestern Journal of International Law & Business
From near total destruction forty-one years ago, the Federal Republic of Germany has emerged as the fourth wealthiest industrialized nation. Yet despite this wealth, the German capital markets remain miniscule in comparison to those of other industrialized nations. This development has had a significantly adverse effect on the ability of German companies to raise equity capital. The aversion of individual Germans to invest in equity securities can be explained on a number of levels. First, many investors find that fixed-rate bonds and similar securities provide equal if not better yields than stocks, without the concomitant risk. Another significant reason that …
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Northwestern Journal of International Law & Business
The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …
Book Review
Northwestern Journal of International Law & Business
When a corporation enters foreign markets it must confront the complications of foreign currency exchange. Foreign exchange management ("forex management") taxes the skills of the most creative corporate financial managers. Achieving tax advantages through forex management, or at least avoiding financial disasters, requires the talents of a prophet. To maintain profits, the tax efficient forex manager must reduce taxes while reducing foreign exchange risks. In Tax Efficient Forex Management, John Chown supplies forex managers with the knowledge required to achieve significant tax advantages from managing foreign currency and asset exchange. According to Mr. Chown, the book is intended for both …
The Prospects For Labor Law Reform In Poland, Maria Matey
The Prospects For Labor Law Reform In Poland, Maria Matey
Northwestern Journal of International Law & Business
A complex combination of socioeconomic factors have produced a situation in Poland in the mid-1980s which is in urgent need of reform. This need for change extends to the complicated and controversial subject of labor law. It is the purpose of this Perspective to set forth the current status of labor law in Poland and to analyze the prospects for possible reform. There are currently three approaches to labor law reform in Poland. The first is held by the government, the second by labor law scientists, and the third by the trade unions created after 1982. These approaches include wide-ranging …
Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer
Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer
Northwestern Journal of International Law & Business
The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ("§ 301") and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301's application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration's free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports …