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The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.

Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs Of A Global Community Demand Retirement Of The Hague Public Documents Convention, 31 J. Marshall L. Rev. 1045 (1998), Keith D. Sherry

UIC Law Review

No abstract provided.

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

The Right To A Fair Trial In China, Daphne Huang

Washington International Law Journal

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.

The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes

University of Miami International and Comparative Law Review

No abstract provided.

Comparative Law In The New European Community, George Bermann

Faculty Scholarship

As a member and leader of America's immediate post-war generation of comparative lawyers, Rudolf Schlesinger viewed the then European Economic Community (Community) as an unprecedentedly important arena for the theory and practice of comparative law. He was right in doing so. As we know, the Community initially faced the prospect, among other things, of harmonizing the laws of six continental European countries, representing distinct branches of the European civil law tradition. Then, within a dozen years, the Community expanded to pick up members that stood on the outskirts of the European civil law tradition (Denmark) and squarely within the common …

Class Action Litigation In China, Benjamin L. Liebman

Faculty Scholarship

Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the legal profession. …

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.

Self-Determination: An Affirmative Right Or Mere Rhetoric?, Halim Moris

ILSA Journal of International & Comparative Law

Yves Beigbeder, an international scholar, once asked, "If self-determination is an internationally recognized principle, why does it not apply to the people of West Iran, East Timor, Tibet, Kashmir and other territories, as it has been applied to other colonial territories?

Aspects Of The Uncitral Regimes For Procurement And For International Commercial Arbitration, And Government International Commercial Contracts In The Commonwealth Caribbean, Hugh A. Rawlins

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris

ILSA Journal of International & Comparative Law

The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.

Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood

Washington International Law Journal

The Japanese bar maintains that ethical considerations mandate a low admission rate. However, the bar's limit on the number of lawyers in Japan has socioeconomic effects that extend beyond the legal profession. Also, because there are too few Japanese lawyers, "quasi-lawyer" legal substitutes have emerged to satisfy pent-up demand for legal services. This comment suggests that the Japanese bar should expand its membership in order to address the shortage of legal services in Japan. An expanded bar could also address many of Japan's hidden socioeconomic ills.

Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

This Article offers a comparison of the legal education systems of the United States and New Zealand. While it was originally published in 1997 in the Vanderbilt Journal of Transnational Law, and has been largely overlooked in more recent years, it is germane to the current vigorous debate regarding what changes need to be made in American legal education. I highlight in this Article several significant differences between these two systems by contrasting their admissions policies, clinical programs, availability of "law-and-economics" electives, and staffing of required courses. Based on this analysis, I concluded that although American law schools were clearly …

Recent Legislation: Constitutional Law – Congress Imposes New Restrictions On Use Of Funds By The Legal Services Corporation – Omnibus Consolidated Rescissions And Appropriations Act Of 1996, Pub. L. No. 104-134, 110 Stat. 1321, Benjamin L. Liebman

Faculty Scholarship

Fierce political battles have raged about the Legal Services Corporation (LSC) for much of its twenty-three year history. Critics have attacked LSC for pursuing a "radical agenda" and for "engaging in dubious litigation that is of no real benefit to poor people," while supporters have termed LSC "the one program in the entire war on poverty that made a difference" and have decried the "campaign to deny the right of legal representation to the poor." Last year, in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA), Congress reduced LSC funding by thirty percent – to $278 million in …

Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne

ILSA Journal of International & Comparative Law

Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.

Consular Protection To Illegal Migratory Workers And Mexican Undocumented Minors: Two Sensitive Issues Addressed By The Thirteenth Annual Meeting Of The United States-Mexico Binational Commission, Jorge A. Vargas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Jurisprudential Support For Exemplary Damage Awards: A Dichotomy Between England And Other Common Law Jurisdictions, Alan Reed

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder

ILSA Journal of International & Comparative Law

Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

Using American Antitrust To Interpret Costa Rican Competition Law, Pedro M. Mufoz

ILSA Journal of International & Comparative Law

Of course I know, and every other sensible man knows, that the Sherman law is damned nonsense, but if my country wants to go to hell, I am here to help it.

Justice Oliver Wendell Holmes, Jr.

In the model of perfect competition, the market is so populated by sellers and buyers that no one individual can influence the market price through' the manipulation of input or output. "All relevant prices are known to each producer, who also knows of all input combinations technically capable of producing any specific combination of outputs and who makes input-output decisions solely to maximize …

The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch

ILSA Journal of International & Comparative Law

Under a global economy, countries around the world trade with each other. International trade is essential to achieving a global economy. As the world moves toward a global economy, the need for international trade of goods and services is increasing. Numerous agreements between countries have been passed to facilitate international trade

Considerations In Representing Western Companies In Technology Transfers To East Asia, Jeffrey J. Blatt

UC Law SF International Law Review

The countries of East Asia have some of the fastest growing economies in the world. The region's need for high technology is evident in the semiconductor, broadcasting, electronics, and telecommunications fields. Lack of high technology infrastructure outside major metropolitan areas lends itself to foreign direct investment, joint ventures, and the procurement of high technology by Asian buyers.

This Paper addresses a number of considerations, issues, pitfalls, and concerns for structuring a successful technology transfer to East Asia, from the perspective of a potential technology transferor or vendor. Specifically, this Paper examines the effect of export controls, tax implications, the Foreign …

Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet

UC Law SF International Law Review

Compared to the legal profession found in the United States, in Latin countries an impartial counsel who advises all parties to a transaction is located at the top of the legal hierarchy and is referred to as the Latin notary. The Latin notary is granted exclusive power to perform certain legal functions such as memorialization of transactions. The Latin notary combines the competence traditionally associated with a public official and the discretion and responsibility of a private legal professional. For these reasons, the Latin notary is quite different from notaries public in the United States. The Latin notary owes a …

Public Interest Lawyering In Mexico And The United States, Carl M. Selinger

University of Miami Inter-American Law Review

No abstract provided.

Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek

Michigan Journal of International Law

To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …

The Legal System And American Constitutional Democracy, Edited By Maria Frankowska And Albert P. Melone, Emilia Kandeva-Spiridonova

Indiana Journal of Global Legal Studies

No abstract provided.

Competition And Trade Policy: Antitrust Enforcement: Do Differences Matter?, John O. Haley

Washington International Law Journal

This article deals with the question of differences in competition policy enforcement regimes in Japan, Europe and the United States. In answer to the question "Do differences matter?", the author concludes that they matter less than conventional wisdom suggests at least in terms of "fairness" and effectiveness. The article challenges the widely held views that Japan's competition rules are ineffectively enforced and that U.S. antitrust enforcement, especially treble damage actions, have had an unfair impact on foreign firms. The article concludes with recommendations for greater cooperation between trade regulation and antitrust enforcement authority in the United States and among competition …

Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino

Articles

No abstract provided.

A Legal And Practical Overview Of Direct Investment And Joint Ventures In The "New" China, 28 J. Marshall L. Rev. 567 (1995), Daniel J. Brink, Xiao Lin Li

UIC Law Review

No abstract provided.

Tomorrow's Law Schools: Globalization And Legal Education, 32 San Diego L. Rev. 137 (1995), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

The recent changes in world political and economic structures call for an adjustment of legal education theory. The movement toward the globalization of the economy will open opportunities for the expansion of the market of legal services. However, it will also affect the availability and accessibility of those services. This essay describes some of the effects of the globalization movement on legal education and proposes some changes to help meet the challenge of preparing lawyers for practice in this new and rapidly changing world.