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How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic Jan 2016

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Michigan Journal of International Law

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? We contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, we reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and Western perspectives, …


Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Jan 2002

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …


No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt Jan 2002

No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt

Michigan Journal of International Law

Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country's large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms' incentives to integrate …


Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber Jan 1995

Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber

Michigan Journal of International Law

The legal services industry is experiencing a fundamental transformation. Thirty years ago, legal markets were almost exclusively national; today, a global legal market is emerging and evolving at a considerable pace. Unfortunately, further globalization is hindered by the failure of national regulatory systems to respond effectively. Globalization has made domestic regulation more difficult because it increases the complexity of the interactions between lawyers, the legal system, and the authorities responsible for regulating the legal profession. As the process of globalization has blurred the distinction between national and international legal issues, an international regulatory regime governing transnational legal practice has become …


Translated Documents And Hague Service Convention Requirements, Christopher Cheng Jan 1993

Translated Documents And Hague Service Convention Requirements, Christopher Cheng

Michigan Journal of International Law

Part I of this Note discusses translation requirement permitted under the Hague Convention, the provisions of the Convention governing service abroad, and when translation requirements apply to service abroad. Part II addresses complications arising from U.S. courts' strict interpretation of the requirements and their failure to consult the laws of the addressee state. Part III suggests practical methods which courts and attorneys can implement to avoid these complications. In general, both U.S. courts and attorneys must defer to foreign legal standards when applying Article 5. Because courts sometimes fail to consult foreign law, they have read national translation requirements more …


Transitional Legal Practice And Professional Ideology, Bryant G. Garth Jan 1985

Transitional Legal Practice And Professional Ideology, Bryant G. Garth

Michigan Journal of International Law

This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …


Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley Jan 1985

Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley

Michigan Journal of International Law

This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …


A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman Jan 1985

A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman

Michigan Journal of International Law

This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.


A Federal Bar For Foreign Lawyers, Christopher J. Caywood Jan 1985

A Federal Bar For Foreign Lawyers, Christopher J. Caywood

Michigan Journal of International Law

Part I of this note presents the case for a national bar to regulate foreign lawyers. National regulation would likely enable the United States to conclude reciprocity agreements with foreign nations that would enhance the treatment of U.S. attorneys abroad. It would also benefit the American public by increasing the availability of legal expertise on foreign and international law, and encouraging international trade in services. Part II addresses potential objections to a federal bar regulating foreign lawyers. Part A examines state and local bar associations' concerns regarding the maintenance of adequate levels of legal and ethical competence. It argues that …


Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self Jan 1985

Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self

Michigan Journal of International Law

Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …


The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld Jan 1985

The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld

Michigan Journal of International Law

This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …


Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law Jan 1985

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.


The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young Jan 1985

The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young

Michigan Journal of International Law

The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …


Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law Jan 1985

Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law

Michigan Journal of International Law

To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.


The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo Jan 1985

The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo

Michigan Journal of International Law

This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.


Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis Jan 1985

Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis

Michigan Journal of International Law

This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …


Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard Jan 1985

Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard

Michigan Journal of International Law

This note argues that the Treaty of Rome has had, and will continue to have, little impact on legal practitioners within the European Community. Part I examines Community barriers to transnational legal practice among the EC nations. It looks first at the history and shortcomings of the 1977 Directive on Freedom of Lawyers to Provide Services. It then describes the effect of the failure of the Council of the European Community to enact a directive mandating mutual recognition of legal degrees. It concludes that neither the Council nor the European Court of Justice is likely to eliminate existing Community-wide barriers …


Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas Jan 1985

Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas

Michigan Journal of International Law

While a number of commentators have discussed the adaptability of the GATT to problems of trade in services, none have specifically addressed its applicability to lawyering or other professional services. Part I considers the GATT's progress on services issues to date. Part II identifies and classifies the barriers to transnational legal practice. Part III explores the possibility of liberalizing many of these barriers through the application of GATT substantive concepts and the use of GATT procedural mechanisms.


Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace Jan 1985

Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace

Michigan Journal of International Law

Part I of this note outlines the major nontariff barriers (NTBs) to trade in services. Part II discusses the provisions of the Trade and Tariff Act that are aimed at the reduction of those barriers. Part III examines the applicability of the TTA to legal services and the potential limitations on the provisions of an international agreement for that particular service industry. It concludes that concerns over state sovereignty, while no longer posing a constitutional obstacle to an international agreement on trade in services, will remain an important political force in the shaping of such an agreement.


U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson Jan 1985

U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson

Michigan Journal of International Law

Part I of this note considers whether U.S. federal and state law applies the attorney-client privilege equally to communications with U.S. and non-U.S. attorneys. It concludes that, contrary to the ILP's position, the law on this issue is not firm. In light of the policy issues raised by the AM & S decision, part II considers factors that may justify discriminating between U.S. and non-U.S. lawyers, or among non-U.S. lawyers. It concludes that the public interest may be served best by extending the attorney-client privilege to communications with some, but not all, non-U.S. lawyers. Part III presents a proposal for …


Appendix 2: Annotated Bibliography, Michigan Journal Of International Law Jan 1985

Appendix 2: Annotated Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

Additional reading related to the articles in this volume.


Index, Michigan Journal Of International Law Jan 1985

Index, Michigan Journal Of International Law

Michigan Journal of International Law

Index of terms used in this volume.