Digital Commons Network^™

Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty

Syracuse Journal of International Law and Commerce

Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.

The Vocation Of The International Arbitrator, Catherine A. Rogers

American University International Law Review

No abstract provided.

Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Scholarly Articles

After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.

Court Of Justice Oversight Over The European Central Bank: Delimiting The Ecb's Constitutional Autonomy And Independence In The Olaf Judgment, Roger J. Goebel

Fordham International Law Journal

An article devoted to the European Court of Justice's (“ECJ” or the “Court”) judicial review of the European Central Bank's (“ECB”) level of constitutional autonomy and independence may seem a bit arcane in a book dedicated to honor Advocate General Francis Jacobs upon his retirement from the Court. The topic is, however, eminently suitable, because it highlights his influence in a case remote from the many fields of law in which his impact has been so marked-- e.g., free movement of goods, competition law, trademarks and other intellectual property rights, free movement of services and establishment rights, human rights protection, …

The European Union's New Role In International Private Litigation, Ronald A. Brand

Loyola University Chicago International Law Review

No abstract provided.

The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun

Loyola University Chicago International Law Review

No abstract provided.

The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun

Loyola University Chicago International Law Review

No abstract provided.

The European Union's New Role In International Private Litigation, Ronald A. Brand

Loyola University Chicago International Law Review

No abstract provided.

Legal Education After Law School: Lessons From Scotland And England, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Winners And Losers In The Globalization Of Legal Services: Offshoring The Market For Foreign Lawyers, Carole Silver

Articles by Maurer Faculty

This article takes an empirical approach to the issue of how the U.S. legal services market is responding to globalization. It begins by considering the ways in which the domestic legal services market has internationalized by focusing on changes in legal education and examines the disconnection between U.S. legal education and practice opportunities in the U.S. The article proceeds to consider the ways in which U.S. law firms have become global organizations by offshoring their international identities, through the staffing of their non-U.S. offices with non-U.S. lawyers. Based on a database of more than 5,000 lawyers working in the offshore …

Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Articles by Maurer Faculty

No abstract provided.

Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly

Fordham International Law Journal

On July 9, 2004, the International Court of Justice (“ICJ”) handed down an Advisory Opinion concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. In producing the Opinion, the Court traversed issues concerning its jurisdiction to deal with the request, the applicable law, the adherence by Israel to that law, the right of self-defense and the consequences of its findings of unlawfulness. It is well known that the long running issue of Israeli and Palestinian reconciliation is a politically heated one and the work of the ICJ has not been immune from the effects …

Inadmissible In Iberia: The Fate Of Asylum Seekers In Spain And Portugal, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Constitutionalizing Tobacco: The Ambivalence Of European Federalism, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

The Treaty Establishing the European Community announces in EC TREATY art. 5.1. the principle that the powers of the European Community are limited to those specifically conferred on it. However, experience and judicial interpretation have shown that, in practice, the allocation of power between the Community decision maker and Member States is neither clear nor immutable. In its Treaty Establishing a Constitution for Europe, the Community attempts to clarify the allocation of competences. Article III-278 of the Draft E.U. Constitution (Public Health Article) is a public health provision that expressly refers to the regulation of tobacco. To many, the Public …

Legal Status And Rights Of Undocumented Workers: Advisory Opinion Oc-18, Sarah H. Cleveland

Faculty Scholarship

In Advisory Opinion OC-18 of September 17, 2003, the Inter-American Court of Human Rights ruled that international principles of nondiscrimination prohibit discriminating against undocumented migrant workers in the terms and conditions of work. The Court acknowledged that governments have the sovereign right to deny employment to undocumented immigrants, but held that such workers are equally protected by human rights in the workplace once an employment relationship is initiated. In other words, states may not further their immigration policies by denying basic workplace protections to undocumented employees.

Regulating International Lawyers: The Legal Consultant Rules, Carole Silver

Articles by Maurer Faculty

No abstract provided.

United States Regulation Of Canadian Securities Attorneys Under Sarbanes-Oxley: Exploring Costs And Finding An Optimal Allocation Of Authority, Lauren M. Harper

University of Miami Inter-American Law Review

No abstract provided.

Asking The Family Question, Berta E. Hernández-Truyol

UF Law Faculty Publications

Today, the international community is taking strides to address the needs/concerns of the family and to develop norms regarding its protection. However, principles of international law that address issues regarding the family are relatively new. Moreover, to date, these principles have primarily focused on certain specific rights, such as children's rights, women's rights, and child labor rights, rather than incorporating family well-being as a central aim of all international law and relations. This essay proposes a fundamental shift in the approach to international policy and law-making, as well as the engagement of international relations, to include a family-sensitive, culturally inclusive, …

The International Review | 2004 Fall, Michael Rhee

The International Review Newsletter

The War on Terror: Balancing National Security and Civil Liberties

Outsourcing Backlash?

Will Efforts to Keep Jobs at Home Violate the U.S. Constitution and International Law?

Alumna Profile: Roberta Baldini ’94, Assistant Trial Attorney, International Criminal Tribune for Rwanda

Global trade talks back on track

One-sentence curb on human rights abuses

Cotton no longer king at the WTO?

Open and shut: First WTO case against China

International high stakes poker?

An exception to an exception

Which Law Through Which War? Law Through War Revisited, Pierre D'Argent

Buffalo Law Review

No abstract provided.

Global Law Teaching, Catherine Valcke

Journal of Legal Education

No abstract provided.

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Foreword, Laurel S. Terry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Changing Role Of Mexican Accounting Firms And Of Comisario, And Response To Sarbanes-Oxley, Jose O. Garcia Mata

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan

ExpressO

The contemporary world economy make it easier to produce and sell across national borders. The partition of transactions into separate geographical components in turn makes it easier to pick and choose regulatory regimes. Antitrust law has dealt with this problem for nearly a century. At one time it regarded the assignment of a transaction to a particular territory as a prerequisite for the application of its rules; lately it has required much less. As a result, overlapping national regulation has become the dominant structure. Overlapping regulation has its own problems. National regimes may impose inconsistent rules and pursue conflicting ends. …

Legal Frameworks For Economic Transition In Iraq - Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Global Business & Development Law Journal

No abstract provided.

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne

ILSA Journal of International & Comparative Law

The Caribbean Single Market and Economy (CMSE) is a work in progress.

Women's Inheritance Rights In Africa: The Need To Intergrate Cultural Understanding And Legal Reform, Abby Morrow Richardson

Human Rights Brief

No abstract provided.