Law Commons^™

Romania's Rapid Rule Of Law, Clifford Rechtschaffen

Publications

No abstract provided.

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.

The Tribunal In Albania, John Paul Jones

Law Faculty Publications

Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo

LLM Theses and Essays

The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis analyzes current …

The Application Of U.S. Antidumping Law To The Imports From The People's Republic Of China: Review Of Evolution And Need For Revolution, Li Yang

LLM Theses and Essays

Despite the dramatic increase in trade between the U.S. and China since the normalization of relations between the countries in 1979, China is still confronted with U.S. laws that hinder trade. The most serious threat to Sino-U.S. trade is the U.S. antidumping law, which authorizes the imposition of a duty on imported merchandise that the Department of Commerce determines is sold at less than fair value, if the U.S. International Trade Commission determines the U.S. industry in that field is materially injured. This law and cases interpreting it are examined. With its low wage rate and lack of cost accounting, …

Can Practice Do Without Theory? Differing Answers In Western Legal Education, Richard Stith

Law Faculty Publications

The demise of the Soviet bureaucratic state and the rebirth of laissez-faire economics worldwide- as well as the scholarship of people such as Richard Rorty- have created a crisis not only for planning but for theory itself. If it still desirable to think thoroughly about what we see and do?

With regard to the study of law, two of the most powerful world culture provide sharply different answers to this question. Legal education in the United States of America is far less theoretical than it is in European nations. The aim of this paper is two-fold: first to summarize briefly …

Some Comparative Remarks About The Efficacy Of International And Constitutional Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …

Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss

Faculty Scholarship

No abstract provided.

In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey

UIC Law Open Access Faculty Scholarship

No abstract provided.

Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty

UIC Law Open Access Faculty Scholarship

No abstract provided.

Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Scholarly Articles

The article consists of two parts. The first is the update of constitutional transformation in the region experiencing the retreat from communism. The organization of this part requires some explanation. The part breaks down into two separate chapters on constitution-drafting in former Soviet Republics and in the new democracies of East-Central Europe. As the former Soviet republics existed within the same statehood until the end of 1991, it seemed appropriate to assemble comments on political developments in the former U.S.S.R in one subchapter examining the end of Gorbachev's era and the process of the establishment of the Commonwealth of Independent …

Book Review: Policing Japan, Daniel H. Foote

Book Reviews

Professor Setsuo Miyazawa's Policing in Japan: A Study on Making Crime represents a very valuable addition to the growing body of English-language works on the Japanese police. This is the first such observational study of the police by a Japanese scholar and the only study to examine the behavior of Japanese detectives. Miyazawa, a professor at Kobe University and one of the leading legal sociologists in Japan, has buttressed his own observations with an extensive, and revealing, questionnaire survey of police attitudes.

Some Worries About Sentencing Guidelines, William T. Pizzi

Publications

No abstract provided.

"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote

Articles

The capital punishment system and current standards for collateral review of capital sentences appear quite similar in the United States and Japan. On a deeper level, though, the systems are moving in very different directions. Given. the extensive literature on capital punishment and capital habeas in the United States, this article focuses chiefly on Japan, examining the process by which the standards governing postconviction review have been relaxed and the impact of that change. Japan's Supreme Court bears the image of being a highly conservative, passive institution resistant to dramatic .change of any sort. Yet this examination reveals that, in …

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.

Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Litigation Cost Allocation Rules And Compliance With The Negligence Standard, Keith N. Hylton

Faculty Scholarship

This article examines compliance, incentives to bring suit, and incentives to settle in a negligence regime under alternative litigation cost allocation rules. Four allocation rules are considered: the American rule, which requires each party to pay his own costs; the British rule, which requires the losing party to pay the winning party's costs in addition to his own; the prodefendant rule, which requires the defendant to pay only his own costs if he loses and nothing otherwise; and the proplaintiff rule, which requires the plaintiff to pay only his own costs if he loses and nothing otherwise.

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.

Making America Competitive, Mark J. Loewenstein

Publications

No abstract provided.

Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

Articles

No abstract provided.

Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson

Faculty Scholarship

No abstract provided.