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Articles 1 - 30 of 57
Full-Text Articles in Law
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Faculty Scholarship
No abstract provided.
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Cornell Law Faculty Publications
Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.
International Dimensions, Vol. 1 #1, Int'l Law Society
International Dimensions, Vol. 1 #1, Int'l Law Society
The Sompong Sucharitkul Center for Advanced International Legal Studies
A journal of personal impression, experience and commentary on the subject of international law published by members of the International Law Society, Golden Gate University School of Law.
Aspects Of Reception Of Law, Alan Watson
Aspects Of Reception Of Law, Alan Watson
Scholarly Works
In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can …
Protecting Possession, Ugo Mattei
A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers
A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Coming To Terms With Plan B: Ten Principles Governing Secession, Patrick Monahan, Michael J. Bryant
Coming To Terms With Plan B: Ten Principles Governing Secession, Patrick Monahan, Michael J. Bryant
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall
An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall
LLM Theses and Essays
Due to sanctions imposed against South Africa’s Apartheid government, the South African economy suffered as little international investment was made in the country. With these sanctions lifted following the democratic elections of 1994, South Africa is now an alluring country for international investment. Despite this attractiveness, U.S. corporations face many legal concerns before entering the South African economy. An analysis of these issues is made in the context of American and South African law with solutions proposed in an effort to avoid deterring foreign investment. These concerns include political and non-economic risks that often hinder investment in the African continent, …
The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw
The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw
LLM Theses and Essays
U.S. bankruptcy law offers a wide range of protections to a variety of debtors. The possibility of liquidation, reorganization, or rehabilitation is available to corporations, partnerships, individuals, and even some government institutions in the U.S. Conversely, the accessibility to bankruptcy in Belgium is restricted. In Belgium, only a salesman, as defined in the Belgian Code of Commerce, has access to bankruptcy protection, and this access is restricted in nature only to liquidation. This thesis analyzes the differences in the bankruptcy systems of the U.S. and Belgium, paying special attention to the role of the bankruptcy trustee in Chapter 7 bankruptcy …
The United States Implementing Legislation Of The Uruguay Round Agreement On Antidumping: Its Problems And Effects On The Bilateral Trade Relation Between The United States And Korea, Changdong Shin
LLM Theses and Essays
Antidumping laws were designed to protect domestic industries from unfair predatory price discrimination from foreign companies, yet these laws are often alleged to be used to protect domestic industries from competition. The U.S. has not been a stranger to these accusations since the 1980s as the U.S.’s trade deficit grew. The Uruguay Round negotiations were aimed at ending this protectionist use of antidumping laws, but many issues were left unsettled by the Uruguay Round antidumping agreement. In particular, interpretation of the agreement is deferred to each country primarily. Thus, the Dispute Settlement Body of the WTO can only determine a …
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
LLM Theses and Essays
Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
International Trade And Competition Law In Japan, David J. Gerber
International Trade And Competition Law In Japan, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman
The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sovereignty And Regionalism, Horacio A. Grigera Naón
Sovereignty And Regionalism, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen
Faculty Scholarship
No abstract provided.
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Scholarly Works
No abstract provided.
Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford
Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford
Journal Articles
Bankruptcy law is developing rapidly in the countries of Central and Eastern Europe (CEE) that have recently escaped the domination of the Union of Soviet Socialist Republics (USSR). The communist governments fell in those countries that were separate from the USSR in 1989, and those countries that were a part of the USSR gained their independence and acquired new non-communist governments in 1989 (the Baltic states) and 1991 (Ukraine, Belarus, Moldova, and Russia). While many other areas of law that are basic to the development of a market economy need substantial development or revision, bankruptcy law is leading the way, …
Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, 95 Mich. L. Rev. 255 (1996), Jason Kilborn
Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, 95 Mich. L. Rev. 255 (1996), Jason Kilborn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross
Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Response To Mathias Reimann: More, More, More But Real Comparative Law, Nora V. Demleitner
A Response To Mathias Reimann: More, More, More But Real Comparative Law, Nora V. Demleitner
Scholarly Articles
None available.
Supremacy And Integrity: Member-State Law As A Limiting Principle In The United States And The European Union, William J. Wagner
Supremacy And Integrity: Member-State Law As A Limiting Principle In The United States And The European Union, William J. Wagner
Scholarly Articles
No abstract provided.
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
Faculty Scholarship
Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.
Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman
Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman
All Faculty Scholarship
This article discusses recent efforts to reform the Russian bar and procuracy, the institutions’ responses, and the problem of criminal procedure reform as it relates to them.
Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman
Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman
All Faculty Scholarship
This article briefly discusses the history of the jury trial in the Soviet Union and the recent reform reinstating trial by jury in Russia. It focuses on specific case studies regarding Russian jury trials under the new system. The author personally observed many of the first jury trials from December 1993 to October 1994 and comprehensively studied the Russian jury reform through observations, interviews with judges and lawyers, and review of case files.
The German Duality Of State And Society, David Abraham
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Articles
No abstract provided.
Sovereignty, Freedom, And Civil Society: Toward A New Jerusalem, Antonio F. Perez
Sovereignty, Freedom, And Civil Society: Toward A New Jerusalem, Antonio F. Perez
Scholarly Articles
Jerusalem has become a symbol of the world's past. In one sense, of course, it is holy ground to three of the world's great historical religions. The very identity of Muslims, Christians, and Jews are bound up in stories in which the city of Jerusalem plays a large, and sometimes central, role. But Jerusalem is also a symbol of the past in a much different way. Much like today's system of states, the debate concerning sovereignty over Jerusalem is a prisoner of the history of international law-a history that has been told in the language of absolute and undivided sovereignty …