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Full-Text Articles in Comparative and Foreign Law
Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz
Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz
UIC Law Review
The first section of this article will describe what Restorative Justice is to get a better understanding of this alternative to the punitive criminal justice system. It will then describe the work done by the Community of Sant’Egidio in Rome through the lens of Restorative Justice. It will move on to the state of the criminal justice system in Cook County and the United States, particularly in how it treats criminal behavior. In particular, it will compare the work of Sant’Egidio to the Restorative Justice work being done by state Drug Treatment Courts. Federal reentry courts address the problems of …
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …
International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu
International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu
UIC Review of Intellectual Property Law
This paper discusses the concept of using international arbitration as a method of resolving patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, or to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision-makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.
Reflection On The Finality Of Panel's Decisions In Domain Name Dispute Resolution Process, With Reference To China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009), Yun Zhao
UIC John Marshall Journal of Information Technology & Privacy Law
The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s …
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich
UIC Law Review
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.
International Commercial Arbitration In China: History, New Developments, And Current Practice, 28 J. Marshall L. Rev. 539 (1995), Ge Liu, Alexander Lourie
International Commercial Arbitration In China: History, New Developments, And Current Practice, 28 J. Marshall L. Rev. 539 (1995), Ge Liu, Alexander Lourie
UIC Law Review
No abstract provided.