Law Commons^™

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Scholarly Works

Although NAFTA's impact is primarily economic, it will also have a profound political impact, especially on relations between Mexico and the United States. In coming to the decision to seek a free trade agreement with the United States, Mexico has already made important political decisions: to jettison its defensive nationalism and fear of United States domination; to reform and liberalize its economic system; and to pave the way for democratizing its political institutions. The United States, in turn, has long sought a solid foundation to overcome its often prickly relationship with its southern neighbor and other Latin American nations. Eliminating …

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong

Faculty Publications

For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope …

From Bloomington To Warsaw: Connections With The New Frontier, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary

Reports

No abstract provided.

Globalization Of Law, Politics, And Markets -- A European Perspective On Implications For Domestic Law, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

A Selective Bibliography On The Endangered Species Act, Kristin Cheney

Faculty Articles

Since its passage in 1973, the Endangered Species Act (ESA) has been the subject of much discussion and numerous publications. This bibliography is not an exhaustive treatment of the topic, but rather concentrates on monographs published from 1980 forward and includes only post-1988 journal articles. To aid the reader in locating relevant references, the journal articles are organized into the subcategories of (1) law and regulations, (2) litigation, and (3) international and extraterritorial.

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …

Task Force On International Studies In The Greater Bay Area - Report And Recommendations, Karine Schomer

The Sompong Sucharitkul Center for Advanced International Legal Studies

Task Force on International Studies in the Greater Bay Area - Report and Recommendations to the Seminar of International Programming.

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Faculty Publications

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Feminism And International Law: A Reply, Fernando R. Tesón

Scholarly Publications

Over the past several years, legal scholars have extended feminist theory to many areas of the law, and legal discourse has been enriched by feminist jurisprudence. Until recently, however, international law had not undergone a sustained feminist critique. This gap is now slowly being filled; a notable contribution to that effort is a recent article by Hilary Charlesworth, Christine Chinkin, and Shelley Wright.

This Essay presents a reply to the Charlesworth-Chinkin-Wright critique. Although much of this reply engages more general issues in feminist theory, it would be impossible, within the scope of this work, to address every important political, cultural, …

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Preservation And Allocation Of Fresh Water Resources In International Law Jordan: Special Case Study, Ghada Ibrahim Abu-Raghes

LLM Theses and Essays

This thesis argues for the creation of a comprehensive, developed body of international environmental law, to regulate allocation and protection of freshwater resources. The thesis gives an idea of the substantive duties and obligations of states under the developing international law of the environment in the use of international watercourses and the responsibilities and liabilities of states for breach of those duties. The thesis continues to examination of a special case study of Jordan encompassing the water resources and river disputes.

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 New New International Economic Order: Private International Law, Helen E. Hartnell

Publications

The domain of international law has expanded to encompass matters traditionally thought to be within domestic jurisdiction via private international law (PIL) conventions and related phenomena. I wish to refer broadly to the unification and harmonization of legal rules and procedures governing the relations between private parties. This is by no means a new phenomenon; it is not only going strong, but growing stronger. My goal today is not to survey current developments in this field so much as to reflect upon some pervasive themes.

Asean And The Environment, Sompong Sucharitkul

Publications

This is part of a series of studies devoted to the Association of South-East Asian Nations (ASEAN), a dynamic regional organization for social, cultural and economic cooperation. This year marks the coming of age of the process of codification and progressive development of international law in the fields of environmental protection since the United Nations Conference on the Human Environment at Stockholm on June 5-16, 1972.

Association Agreements Between The Ec And Central And Eastern European States, Helen E. Hartnell

Publications

Association agreements that establish increased trade, dialogue and cooperation between the EC and the countries of Central and Eastern Europe have proliferated in recent years. Yet still the relationship between the EC and countries in this region has been characterized by a significant degree of mutual misunderstanding and dissatisfaction. On one side, the high expectations of the Central and East European countries are reflected in their equally high disappointment levels vis-a-vis the EC. And on the other side, one senses that the EC grows weary of what it perceives as complaints and ingratitude.

Against this background, I propose to examine …

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 …

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.

Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Foreword: The Challenge Of Rio, David H. Getches

Publications

No abstract provided.

The Command And Control Of United Nations Forces In The Era Of "Peace Enforcement", James W. Houck

Journal Articles

This Article explores how concerns regarding the United Nations' authority to make political, strategic, and operational decisions that comprise the right to command and control UN forces might be reconciled within the framework of the United Nations Charter to create a contemporary and more enduring regime for the command and control of United Nations forces. As Part II demonstrates, command and control issues are not new to the United Nations; indeed, in 1945 the signatories to the United Nations Charter created a model for the command and control of United Nations forces.

While the cold war ensured that this model …

The Commander In Chief And United Nations Charter Article 43: A Case Of Irreconcilable Differences?, James W. Houck

Journal Articles

Part II of this paper provides an overview of the U.N. Charter's framework for collective security, with a particular focus on the Charter's provision for the. creation, command, and control of U.N. military forces. During the Cold War, this framework fell into desuetude, and U.N. forces that participated in enforcement actions, such as Korea and Iraq, as well as peacekeeping operations, were created in ad hoc fashion outside the Charter's framework. Part III examines this development and considers how the conclusion of an Article 43 agreement might alter the President's authority under international law to pursue U.S. interests while participating …