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Articles 1 - 29 of 29
Full-Text Articles in Law
European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber
European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber
All Faculty Scholarship
No abstract provided.
The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French
The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French
Journal Articles
No abstract provided.
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
LLM Theses and Essays
An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …
Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma
Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma
LLM Theses and Essays
A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …
Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber
Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber
Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber
All Faculty Scholarship
No abstract provided.
Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel
Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel
Publications
Although there are now greater environmental protections on the Russian law books, these protections have so far done little to improve ecological conditions in Siberia. This article examines how the dramatic political and legal changes in Russia have affected Siberian nature conservation and environmental protection. More specifically, it seeks to explain why, despite the significant restructuring of political power and the increasingly open discussion of ecological issues, the Siberian environment continues to deteriorate. The article begins with an analysis of existing ecological and economic conditions in Siberia. It then considers how the legal legacy of the USSR has hindered recent …
Sub·Saharan Africa: Economic Stagnation, Political Disintegration, And The Specter Of Recolonization, Jon H. Sylvester
Sub·Saharan Africa: Economic Stagnation, Political Disintegration, And The Specter Of Recolonization, Jon H. Sylvester
Publications
In 1992 I was awarded a Fulbright scholarship to teach in the Law School at the University of Nairobi during the 1992-1993 academic year. Since returning to the United States, whenever I am asked to describe the year and some of my experiences, I am tom between doing a travelogue and doing the report of a (very informal) fact-finding mission. The dilemma is this: On one hand, this was and could easily remain the adventure of my life-complete with breathtaking sights, endless anecdotes about people, local food, cultural idiosyncracies, and funny (some not-so-funny) things that happened. On the other hand, …
Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik
Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon
The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon
Cornell Law Faculty Publications
The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the "Act"), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the …
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Faculty Scholarship
This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …
Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley B. Lubman
Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
What can the study of Chinese law bring to the study of China itself? This Article first distills what we have learned. It reviews Chinese legal studies since their revival in the 1960s in the United States, where foreign studies of modem Chinese law has been most vigorous since the People's Republic of China ("PRC") was established. The major themes that emerged from research before the reform decade emphasized the politicization of law, the persistence of traditional cultural influences and the impact of bureaucratic practice on current institutions - all themes which remain important today. Since the advent of reform, …
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Faculty Scholarship
No abstract provided.
Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei
Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei
Faculty Scholarship
No abstract provided.
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Faculty Publications
Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …
U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu
U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu
LLM Theses and Essays
This thesis explores the complex landscape of intellectual property protection in the context of the U.S-China trade relations. U.S. intellectual property protection in China has emerged as a critical issue in the U.S.-China trade relations, impacting tensions and becoming a critical point. The thesis examines the challenges posed by China’s historical attitudes towards intellectual property rights. China’s historical lack of respect for intellectual property rights, compounded by the Communist political culture, has led to widespread piracy, particularly as China pursues the market-driven economics of U.S. intellectual property protection in China. The Agreements on Trade Related Aspects of Intellectual Property Rights …
The Importance Of 'Nutshells', Alan Watson
The Importance Of 'Nutshells', Alan Watson
Scholarly Works
In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …
International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
French And American Judicial Opinions, Michael Wells
French And American Judicial Opinions, Michael Wells
Scholarly Works
In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …
The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller
The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller
Faculty Scholarship
Historically, most Americans have treated health care as a private commodity whose price, and therefore availability, is primarily determined by market forces. In such a context, the law not unsurprisingly places a high premium on information disclosure by physicians. Personal autonomy-an individual's power to choose among medical options-enjoys its most zealous protection under U.S. jurisprudence.7 The dominant U.S. version of informed consent is grounded on principles of patient/consumer autonomy, and seems to enhance market choice. But a strong theme of collectivism now runs through some discussions of U.S. health policy.8 President Clinton was elected at least in part …
The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee
The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.
Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann
Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann
Faculty Scholarship
For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …
The Forgotten Link: Control In Section 482, Wayne M. Gazur
The Forgotten Link: Control In Section 482, Wayne M. Gazur
Publications
The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.
The Roman Foundations Of European Law, William Ewald
The Roman Foundations Of European Law, William Ewald
All Faculty Scholarship
No abstract provided.
Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Douglass Boshkoff
Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
The Federal Constitutional Court In The German Political System, Donald P. Kommers
The Federal Constitutional Court In The German Political System, Donald P. Kommers
Journal Articles
The Federal Constitutional Court is a major policy-making institution in Germany's system of government. Within the space of four decades (1951- 1991), this tribunal has evolved into the most active and powerful constitutional court in Europe. Its pivotal character in the German political system sterns from its role as a judicial lawmaking body created for the specific purpose of deciding constitutional disputes under the Basic Law.1 In deciding such disputes-that is, in interpreting the language and spirit of the Basic Law-the Constitutional Court has influenced the shape of Germany's political landscape, reaching deep into the heart of the existing state, …
The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton
The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton
LLM Theses and Essays
Since World War II new security devices have evolved in both France and the United States. In France, the new device is known as the first demand guarantee. In the United States, it is called standby letter of credit. The underlying market forces which caused these devices to be developed are the same. But the label applied to the devices and the bodies of existing doctrine with respect to which they are formulated is different. In the French view, the difference between the two instruments is just a matter of different labels. But in the American view, the distinction between …
The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers
The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers
Journal Articles
What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …
Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner
Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner
All Faculty Scholarship
This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."