International Law Commons^™

The Treaty Power And American Federalism, Curtis A. Bradley

Michigan Law Review

For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …

Paraguay

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review

No abstract provided.

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

The Bahamas

University of Miami Inter-American Law Review

No abstract provided.

The Interplay Between The Foreign Sovereign Immunities Act And Erisa: The Effects Of Gates V. Victor Fine Foods, Karen Geller

University of Miami Inter-American Law Review

No abstract provided.

Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.

Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson

University of Miami Inter-American Law Review

No abstract provided.

The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez

University of Miami Inter-American Law Review

No abstract provided.

The Indigenous Peoples Of Bolivia's Amazon Basin Region And Ilo Convention No. 169: Real Rights Or Rhetoric?, Laurie Sargent

University of Miami Inter-American Law Review

No abstract provided.

China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander

Penn State International Law Review

No abstract provided.

Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard

Penn State International Law Review

No abstract provided.

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …

A Preliminary Survey Of Recent International Legal Developments, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

This year, three different time frames appear to commend themselves for our treatment of international legal developments of considerable importance and far-reaching consequences. The first covers the legal developments in the year 1997-1998. The second embraces continuing growth and progress made in the international legal fields within the United Nations Decade of International Law, that is from the year 1990 until today. The third and last is the half-century mark, dating back to 194 7-1948.

Memorial Address For Rudolf Schlesinger: Delievered At The University Of Trento Law School, Ulrich Drobnig

UC Law SF International Law Review

No abstract provided.

Health Care Rationing In The Courts: A Comparative Study, Timothy Stoltzfus Jost

UC Law SF International Law Review

The role of the judiciary and government agencies in the allocation of health care resources differs across national boundaries. This Article describes how institutions in Germany, the United Kingdom, and the United States approach conflicts and protect rights in rationing health care. Professor Jost first describes the legal aspects of decisions on distribution and financing of health care decisions, and then examines the existing institutions in each of these countries.

In Germany, the health insurance program is an employment- based social insurance system. Under a quasi-public scheme, nonprofit health insurance funds administer the program. The German health system is overseen …

The Common Core For European Private Law: Presented At The Third General Meeting Of The Trento Project, Hein Kotz

UC Law SF International Law Review

No abstract provided.

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog

UC Law SF International Law Review

No abstract provided.

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Comparative Study Of The Divorce Laws In California And The Mexican Federal District, Sharilyn R. Payne

UC Law SF International Law Review

This Note compares the no-fault divorce laws of California with the fault divorce laws of the Mexican Federal District. It looks at the laws themselves, their histories, how they take the family into account, the divorce rates of both areas, and new trends in divorce laws. This study then attempts to determine whether there is any correlation between divorce rates and the difficulty or ease with which a divorce can be obtained. It stresses the need to conduct this type of analysis before rushing to change the law.

The New German Internet Law, Lothar Determann

UC Law SF International Law Review

The creation of the Internet and other technological innovations in communications makes the issues and regulations surrounding them of increasingly international proportions. This article discusses the recent German case of Germany v. Felix Somm, which provides an example of the application of the new German Internet law. The new federal and state statutes contain provisions on many of the same topics: the liability of online providers, data protection and protection against violent and pornographic materials. The state statute regulates services that resemble and might eventually replace traditional broadcasting ("Media Services"). The federal law regulates online services that supplement and replace …

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …

On The Promise And Perils Of Democracy In Haiti, Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.