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- Discovery of Evidence; International Litigation; privilege; foreign jurisdictions (1)
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Articles 31 - 60 of 68
Full-Text Articles in Law
Racism, Peremptory Challenges, And The Democratic Jury: The Jurisprudence Of A Delicate Balance, Brian J. Serr, Mark Maney
Racism, Peremptory Challenges, And The Democratic Jury: The Jurisprudence Of A Delicate Balance, Brian J. Serr, Mark Maney
Journal of Criminal Law and Criminology
No abstract provided.
Not-So-Noble Lie: The Nonincorporation Of State Consenual Surveillance Standards In Federal Court, Jonathan Turley
Not-So-Noble Lie: The Nonincorporation Of State Consenual Surveillance Standards In Federal Court, Jonathan Turley
Journal of Criminal Law and Criminology
No abstract provided.
Examining Three-Wave Deterrence Models: A Question Of Temporal Order And Specification, Raymond Paternoster
Examining Three-Wave Deterrence Models: A Question Of Temporal Order And Specification, Raymond Paternoster
Journal of Criminal Law and Criminology
No abstract provided.
Comparison Of Prison Use In England, Canada, West Germany, And The United States: A Limited Test Of The Punitive Hypothesis, James P. Lynch
Comparison Of Prison Use In England, Canada, West Germany, And The United States: A Limited Test Of The Punitive Hypothesis, James P. Lynch
Journal of Criminal Law and Criminology
No abstract provided.
Psychiatry, Insanity, And The Death Penalty: A Note On Implementing Supreme Court Decisions, Jonathan L. Entin
Psychiatry, Insanity, And The Death Penalty: A Note On Implementing Supreme Court Decisions, Jonathan L. Entin
Journal of Criminal Law and Criminology
No abstract provided.
Capital Sentencing In Kentucky: An Analysis Of The Factors Influencing Decision Making In The Post-Gregg Period, Gennaro F. Vito, Thomas J. Keil
Capital Sentencing In Kentucky: An Analysis Of The Factors Influencing Decision Making In The Post-Gregg Period, Gennaro F. Vito, Thomas J. Keil
Journal of Criminal Law and Criminology
No abstract provided.
Crime Severity And Criminal Career Progression, Kimberly L. Kempf
Crime Severity And Criminal Career Progression, Kimberly L. Kempf
Journal of Criminal Law and Criminology
No abstract provided.
Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Paternalistic Override Of Waiver Of Right To Conflict-Free Counsel At Expense Of Right To Counsel Of One's Choice, Randall L. Klein
Sixth Amendment--Paternalistic Override Of Waiver Of Right To Conflict-Free Counsel At Expense Of Right To Counsel Of One's Choice, Randall L. Klein
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Defendant's Right To Confront Witnesses: Constitutionality Of Protective Measures In Child Sexual Assault Cases, Rachel I. Wollitzer
Sixth Amendment--Defendant's Right To Confront Witnesses: Constitutionality Of Protective Measures In Child Sexual Assault Cases, Rachel I. Wollitzer
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Waiver Of The Sixth Amendment Right To Counsel At Post-Indictment Interrogation, John S. Iii Banas
Sixth Amendment--Waiver Of The Sixth Amendment Right To Counsel At Post-Indictment Interrogation, John S. Iii Banas
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Preclusion Of Defense Witnesses And The Sixth Amendment's Compulsory Process Clause Right To Present A Defense, John Stocker
Journal of Criminal Law and Criminology
No abstract provided.
The Separation Of Powers And Abuses In Prosecutorial Discretion, Donald A. Daugherty
The Separation Of Powers And Abuses In Prosecutorial Discretion, Donald A. Daugherty
Journal of Criminal Law and Criminology
No abstract provided.
Speedy Trial Act Of 1974--Dismissal Sanction For Noncompliance With The Act: Defining The Range Of District Courts' Discretion To Dismiss Cases With Prejudice, Suzanne Isaacson
Speedy Trial Act Of 1974--Dismissal Sanction For Noncompliance With The Act: Defining The Range Of District Courts' Discretion To Dismiss Cases With Prejudice, Suzanne Isaacson
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 …