Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett Oct 1993

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett

Faculty Scholarship

No abstract provided.


Grappling With A Grotian Moment: Sovereignty And The Quest For A Normative World Order, Samuel K. Murumba Jan 1993

Grappling With A Grotian Moment: Sovereignty And The Quest For A Normative World Order, Samuel K. Murumba

Faculty Scholarship

No abstract provided.


A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton Jan 1993

A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy Jan 1993

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 …


Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine Jan 1993

Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson Jan 1993

The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


The Effect Of Economic Integration On Environmental Standards, Joel R. Paul Jan 1993

The Effect Of Economic Integration On Environmental Standards, Joel R. Paul

Faculty Scholarship

No abstract provided.


The Role Of The Great Powers In United Nations Peace-Keeping, Lori Fisler Damrosch Jan 1993

The Role Of The Great Powers In United Nations Peace-Keeping, Lori Fisler Damrosch

Faculty Scholarship

Over the past forty-five years, international peace-keeping has developed two principal operational models: the small power model and the big power model. The small power model accounts for virtually all U.N. peace-keeping efforts over more than four decades. However, the big power model is becoming increasingly important to a world which is demanding both symbolism and substance from the United Nations.

Under the small power model, modest, lightly armed contingents from small states are deployed to symbolize international concern rather than to enforce international order. Typically, the participating states have no direct stake in the outcome of the conflict in …


Book Review, Curtis A. Bradley, Jack L. Goldsmith Jan 1993

Book Review, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Reviewing, Gary B. Born & David Westin, International Civil Litigation in the United States Courts (1992) (with Jack L. Goldsmith)


Barriers To Foreign Issuer Entry Into U.S. Markets, Roberta S. Karmel, Mary S. Head Jan 1993

Barriers To Foreign Issuer Entry Into U.S. Markets, Roberta S. Karmel, Mary S. Head

Faculty Scholarship

No abstract provided.


Subsidiarity And The European Community, George Bermann Jan 1993

Subsidiarity And The European Community, George Bermann

Faculty Scholarship

The notion of subsidiarity in European federalism labors from all manner of burdens. It seems elusive by nature, commentators claiming that they do not know what subsidiarity means or, if they do, that they do not see in it anything new. At the same time subsidiarity has been presented at least in some quarters as a panacea for the Community's current malaise. It clearly is not that. Even if subsidiarity has not been oversold, it is almost certainly overexposed, a condition that the present Article is unlikely to cure.

My purpose in this Article is simply to help make some …


The Jewish Perspective In International Law, Pnina Lahav Jan 1993

The Jewish Perspective In International Law, Pnina Lahav

Faculty Scholarship

Let me start with two qualifications.

First, this question: is defining the term "Jewish" essential to an exploration of a Jewish vision of international law? The historian Jacob Talmon recalls an exchange between a Gentile and a Jew:

"I thought you were Jewish," said the Gentile.

"Well," answered the Jew, "by a biological standard I am Jewish, since both of my parents were Jewish, but it is 20 years since I sent a letter of resignation to the Jewish community."

"I see," answered the Gentile, "you mean that Jewishness is like a club."

The anecdote captures the evasive quality of …