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Articles 1 - 30 of 121
Full-Text Articles in Comparative and Foreign Law
Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand
Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand
University of Michigan Journal of Law Reform
Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
Indiana Law Journal
No abstract provided.
In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn
In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Selected Writings, Francisco V. Garcia-Amador
Selected Writings, Francisco V. Garcia-Amador
University of Miami Inter-American Law Review
No abstract provided.
Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg
Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg
University of Miami Inter-American Law Review
No abstract provided.
Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond
Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond
Penn State International Law Review
No abstract provided.
Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman
Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman
Penn State International Law Review
No abstract provided.
Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell
Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell
BYU Law Review
No abstract provided.
The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight
The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight
BYU Law Review
No abstract provided.
The Seventh Circuit Explains Why There Is No Harm In Exploiting Undocumented Workers: Del Rey Tortilleria, Inc. V. Nlrb, 976 F.2d 1115 (7th C Ir. 1992), John F. Barmon
University of Miami Inter-American Law Review
No abstract provided.
Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson
Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson
Washington International Law Journal
The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of …
Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs
Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs
Washington International Law Journal
This comment examines the likelihood that the Japanese government will promote investments in energy efficiency programs in the developing world with funding from its Official Development Assistance (ODA). The Japanese Prime Minister has stated that Japan will support the promotion of sustainable development in the developing world, primarily through disbursements of its ODA funds. The need to promote investments in energy efficiency projects in the developing world is widely accepted by proponents of sustainable development. However, the likelihood that Japan will replace its current ODA energy program, which targets investments in energy generation, with a program that promotes investments in …
The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood
The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood
Washington International Law Journal
With the end of the Cold War, the North-South Korean relationship has been the focus of increasing attention in the international community. In 1991, after years of tense and hostile relations, the two states adopted the Korean Reconciliation Treaty. To assess the prospects for successful reunification of the two Koreas through the Treaty, this comment compares it with the German Basic Treaty of 1984, which promotes similar goals of reunification of divided states. The comparison shows that the German Treaty has been more successful in facilitating unification, due largely to its relative flexibility in implementation. This comment proposes that the …
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Washington International Law Journal
Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.
Ancom: A New Attitude Toward Foreign Investment?, Eduardo A. Wiesner
Ancom: A New Attitude Toward Foreign Investment?, Eduardo A. Wiesner
University of Miami Inter-American Law Review
No abstract provided.
Ekmekdjian V. Sofovich: The Argentine Supreme Court Limits Freedom Of The Press, Leon Patricios
Ekmekdjian V. Sofovich: The Argentine Supreme Court Limits Freedom Of The Press, Leon Patricios
University of Miami Inter-American Law Review
No abstract provided.
Dahl's Law Dictionary. Diccionario Jurídico By Henry S. Dahl, Keith S. Rosenn
Dahl's Law Dictionary. Diccionario Jurídico By Henry S. Dahl, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Washington International Law Journal
On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts that …
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
Washington International Law Journal
During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past from re-occurring, fostering …
Lessons From A Changing Japan, John Owen Haley
Lessons From A Changing Japan, John Owen Haley
Washington International Law Journal
As suggested by the title, these comments center on three propositions: that Japan is changing; that somehow Japan in the process of such change has something to teach us; and finally, that we have something to learn from Japan. Living in Japan over the past six months—the longest period during which I have continuously lived in Japan since the early 1970's—I have been startled by the extent of intellectual and material changes. Although some may belittle the Japanese slogan kokusaika, I am deeply impressed by the profound "internationalization" of Japanese attitudes and understanding. As goods, services, and ideas flow …
Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel
Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel
Washington International Law Journal
The Republic of China underwent a rapid political transformation from an authoritarian nation to a democratic state which required change at every level of the government. The ROC's Council of Grand Justices has contributed to this period of reform through a number of constitutional interpretations which have resulted in greater individual liberties and further restrictions on government actions. This has been accomplished even though the Council operates against substantive and procedural limitations on its powers. A review of these Council interpretations from the past decade reveals that the Council has made steady inroads towards fulfilling its role as the supreme …
Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler
Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler
Washington International Law Journal
This translation of an original Japanese language work, by Hiroshi Naka and Akio Nakamura, both of the Japanese Ministry of Finance, details the reforms of Japan's financial and securities & exchange system made under the recently enacted System Reform Act. The major reforms under the Act include: (1) altering the "Glass Steagall" rule (the separation of securities business and banking business) in Japan so that banks and securities companies can engage in each other's business through their subsidiaries; (2) extending securities regulations to some new types of structured finance; (3) amending public offering provisions and providing new articles for private …
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
Washington International Law Journal
As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes …
Teachings Of The European Community Experience For Developing Regional Organizations, Louis F. Del Duca
Teachings Of The European Community Experience For Developing Regional Organizations, Louis F. Del Duca
Penn State International Law Review
No abstract provided.
The Maastricht Train: Slowing Down For Sharp Curves, Matthew J. Eshelman
The Maastricht Train: Slowing Down For Sharp Curves, Matthew J. Eshelman
Penn State International Law Review
No abstract provided.
Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole
Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole
Penn State International Law Review
No abstract provided.
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
Washington International Law Journal
In February 1992, Thailand amended its patent law to provide patent protection for drugs. The amendment resulted from pressure by the United States pharmaceutical industry and the United States Trade Representative; it was not a Thai internal policy decision. Bleak prospects in the U.S. drug market due to a climate of increasing restraints on drug prices have led the Pharmaceutical Manufacturers Association to push for patent protection for their products abroad. Consequently, the United States Trade Representative pressured Thailand to amend its Patent Act to include pharmaceuticals, threatening to use Section 337 of the Trade and Tariff Act of 1930 …
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Washington International Law Journal
Special 301 of the 1988 Omnibus Trade and Competitiveness Act grants the United States Trade Representative the authority to target countries that do not adequately protect intellectual property rights. The USTR has been investigating and negotiating with several countries, including Thailand, in an effort to improve intellectual property protections for American products. As a result, Thailand has instituted noteworthy changes in its copyright and patent laws. This Comment recommends that the USTR continue to negotiate with Thailand, and that the USTR continue to exert pressure on Thailand. This Comment also suggests that because Thailand has taken steps to improve protection …
Chinese Methods For Settling Economic Disputes Concerning Foreigners And Their Legal Bases, Xiao Yongzhen, Godfrey Lam, Neil Meyers
Chinese Methods For Settling Economic Disputes Concerning Foreigners And Their Legal Bases, Xiao Yongzhen, Godfrey Lam, Neil Meyers
Washington International Law Journal
This translation of an original Chinese language work by Xiao Yongzhen discusses the legal authority Chinese courts rely on in addressing economic disputes arising from foreign investment and joint-venture agreements in the People's Republic of China. The translation details specific legal mechanisms used in China, as well as distinct Chinese legislation and practices relied upon to amicably resolve contractual disputes between private parties involving foreign interests in China. Translators' Introductory Note: The style of Chinese law review articles differs somewhat from that of American law reviews; therefore this translation should be read with those differences in mind. Chinese law review …
The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura
The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura
Washington International Law Journal
The recent Japanese banking and securities scandals are among the most serious events that the Japanese business community has ever experienced. This article, written by Professor Seiji Tanaka, and translated by Yutaka Nakamura, analyzes these events applying positive laws from Professor Tanaka's standpoint, emphasizing the social responsibilities that corporations should have in Japanese society. The article relies on the basic purposes and provisions of the Japanese Commercial and Civil Codes and establishes organic principles of social responsibility for Japanese corporations to follow. Finally, the article emphasizes that a high standard of conduct, based on these principles of social responsibility, is …