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Articles 1 - 9 of 9

Full-Text Articles in Law

Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss Jan 2002

Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss

Faculty Scholarship

No abstract provided.


Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei Jan 2002

Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei

Faculty Scholarship

No abstract provided.


Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu Jan 2002

Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu

Faculty Scholarship

Countries differ in terms of their levels of wealth, economic structures, technological capabilities, political systems, and cultural tradition. No two countries have the same needs or goals. As a result, policymakers face different political pressures and make different value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. These uncoordinated judgments eventually result in a conflicting set of intellectual property laws around the world.

As countries become increasingly interdependent in this globalized economy, these conflicting laws create tension and sometimes result in disputes. To minimize differences and prevent conflicts, countries use ...


Federalism, Democratization, And The Rule Of Law In Russia, Jeffrey Kahn Jan 2002

Federalism, Democratization, And The Rule Of Law In Russia, Jeffrey Kahn

Faculty Scholarship

Combining the approaches of three fields of scholarship - political science, law and Russian area studies - the author of this 2002 Oxford University Press book explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical ...


Constitutional Design: Proposals Versus Processes, Donald L. Horowitz Jan 2002

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young Jan 2002

Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young

Faculty Scholarship

The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives rather ...


Credit Cards And Debit Cards In The United States And Japan, Ronald J. Mann Jan 2002

Credit Cards And Debit Cards In The United States And Japan, Ronald J. Mann

Faculty Scholarship

The widespread use of cards is one of the most salient features of consumer retail payment systems in the United States. American consumers use those cards to pay for about one-fourth of their retail purchases each year. And this is not a static phenomenon; among other things, the use of debit cards, though still relatively small, is rising rapidly. That pattern of use is not, however, typical of other countries. Even in some highly industrialized nations, consumers use cards to pay for purchases much less frequently. Statistics from the Bank for International Settlements, for example, suggest about sixty card-based payment ...


Putin's Federal Reforms: A Legal-Institutional Perspective, Jeffrey Kahn Jan 2002

Putin's Federal Reforms: A Legal-Institutional Perspective, Jeffrey Kahn

Faculty Scholarship

The first year of Putin's presidency proved to be the most concerted and fundamental shake-up of federal relations in Russia since the 1993 Constitution. This paper examines this transition in detail, focusing attention on the legal-institutional aspects of this dramatic shift in policy. First, the end of Yeltsin's 'parade' - of sovereignties, bilateral treaties and special agreements - is examined. Next, attention is paid to Putin's early decrees: 'positive' decrees creating the seven federal districts and federal envoys, and 'negative' decrees that annulled regional laws and legal acts judged by him not to be in conformity with federal law ...


The Second Coming Of Intellectual Property Rights In China, Peter K. Yu Jan 2002

The Second Coming Of Intellectual Property Rights In China, Peter K. Yu

Faculty Scholarship

This Article traces the development of intellectual property rights in China since the country’s reopening in the late 1970s. Part I provides a brief history of the Chinese intellectual property system and examines the various intellectual property disputes between China and the United States in the late 1980s and the early 1990s. This Part argues that the contemporary Chinese intellectual property system was not developed until intellectual property rights reemerged in China in the late 1970s. Part II discusses the causes of the piracy and counterfeiting problem in China. By focusing on the significant political, social, economic, cultural, and ...