Digital Commons Network^™

Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel

Faculty Scholarship

In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …

More Than Money, Justice Catherine Branson

Fordham International Law Journal

In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …

European Competition For The 21st Century, Mario Monti

Fordham International Law Journal

This speech discusses recent policy developments and future trends in European Competition Policy.

What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.

Fordham International Law Journal

Philp Alston moderated a panel featuring Dr. Alex Boraine, Justice Catherine Branson, Hina Jilani, and Justice Earl Johnson, Jr.. The panelists discussed access to justice for the poor in their respective countries (South Africa, Australia, Pakistan, and the United States). The panelists discussed how the current system fails to address the legal needs of the poor, and what progress is being made in that area.

An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers

Fordham International Law Journal

The panel, moderated by Edwin Rekosh, discussed access to civil legal aid in various contexts. Pascal Dourneau-Jostte described the French system of legal aid, as well as the European Court of Human Right's methods of providing free legal services. Daniel McQuoid-Mason described the civil legal aid system in South Africa; he noted that only 20% of the country's legal aid goes to civil aid. Anne Owers discussed civil legal aid in the UK. Daniel Greenberg gave an overview of civil legal aid in the United States.

The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason

Fordham International Law Journal

This paper is intended to deal with the different methods of delivering civil legal aid services in South Africa. Before doing so, however, brief mention will be made of the structure of the legal profession and the impact of the new South African Constitution (or "Constitution"), as both have influenced the development of legal aid services in the country. Mention in passing will also be made to special procedures and courts that can be used to access justice in civil matters.

Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas

Fordham International Law Journal

Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).

Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay

Fordham International Law Journal

Joan Vermeulen led a panel discussion on the role of the private sector in addressing unmet legal needs in various country contexts. Countries represented were Australia (Andrea Durbach), France (Jean-Luc Bédos), the UK (Sophie Forsyth), and the United States (John McKay).

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. For in balancing the tension between encouraging effective representation, but at bearable social cost, U.S. jurisdictions stress the latter, all but ignoring the former. The English approach, by contrast, has paid generously, at least in serious cases, thereby implicitly recognizing that defenders could …

China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

The International Review | 1999 Fall, Michael Rhee

The International Review Newsletter

50 Foreign Policies for 50 States? The Massachusetts Burma Law

Symposium: Should the ABA Approve MDP?

A Ten-Year Beef: Unfair Trade Ban or Serious Health Concerns?

Four Steps to a Career in International Law

Alumnus Profile: Dennis S. Prahl, Ladas & Parry

Up Close: Journal of International and Comparative Law

Slipping into a Trade War over Bananas

Cooling off hot tempers over steel imports

Center for International Law Trivia

The Privatization And Project Finance Adventure: Acquiring A Colombian Public Utility Company, Mario Andrade, Mario A. De Castro

Northwestern Journal of International Law & Business

Colombia is an exciting new arena for the international practitioner structuring project finance and privatization transactions. The sectors of the economy that are attractive targets for most multinationals (MNCs) entering Colombia are the energy, oil and gas, mining, water, and telecommunications sectors. In most cases, MNCs in these sectors consider investments in Colombia when the Colombian authorities announce a plan for the privatization or capitalization of state-run companies that have a monopoly on business. Often the MNC becomes aware of the privatization, concession, or capitalization project via an official announcement by the Colombian government calling for bids or an invitation …

Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth

Northwestern Journal of International Law & Business

This article develops an analytical framework for viewing the rules on attorney fee arrangements that have been adopted in the United States and in major western European countries. In section II the paper explains the choice of economic agency theory as a starting point for developing this framework. Within the meaning of economic agency, the attorney is a dual agent, with duties to both the client and the judicial system. In section III the paper identifies five interests that form the basis for evaluating fee systems. These interests are derived from applying basic agency theory to the duties of the …

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Fordham International Law Journal

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. Spiraling costs in England, however, have brought dramatic changes, and have occurred in a rush. This essay explores compensatory schemes, incentives to reduce the cost of case resolution, and methods to ensure adequate advocacy.

Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer

Fordham International Law Journal

This comment explores a judgment in Texas against a Canadian defendant and corresponding suit in Canada seeking to enforce the judgment. The ultimate determination was significant, representing the first time that a Canadian appellate court addressed the impact of the Internet on a Court's adjudicatory decision. The comment explores the difficulty that the internet poses to the doctrine of recognition and enforcement of foreign judgments.

Perspectives On Competition Law: Problems And Solutions, David A.O. Edward

Fordham International Law Journal

This essay suggests that it does not follow that competition between jurisdictions is good merely because competition between economic operators in pursuit of economic goals is a good thing. The result, as the discussion on television indicated, may simply be a jurisdictional mess, as Dr. Markus Wagemann put it. You end up with all sorts of people seeking to pursue their own values: cultural values, regional values, and linguistic values; and the economic operator simply does not know where he or she stands in this jurisdictional competition. This point can perhaps be completed by simply mentioning a remark made to …

2001: A Global Odyssey Prompted By The Merritt-Cihon Upper Level Curriculum Report Of The Aals, Kenneth M. Casebeer

University of Miami Inter-American Law Review

No abstract provided.

Taking Machismo To Court: The Gender Jurisprudence Of The Colombian Constitutional Court, Martha I. Morgan

University of Miami Inter-American Law Review

No abstract provided.

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

[1998 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Peter H.F. Bekker

Journal Articles

The most significant developments in 1998 regarding international courts and tribunals ar reviewed herein, particularly events relating to the International Court of Justice, the International Tribunal for the Law of the Sea, the United Nations Compensation Commission (a quasi-tribunal), the Iran-U.S. Claims Tribunal, and the Claims Resolution Tribunal for Dormant Accounts in Switzerland. Other significant developments relating to the establishment of the permanent International Criminal Court and to the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the World Trade Organization are detailed in other reports in this issue.

A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel Terry

Faculty Scholarly Works

This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …

How To Use Maquiladoras In Mexico Today, Carlos Angulo Parra

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson

United States - Mexico Law Journal (1993-2005)

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.

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

Scholarly Articles

Within the context of NAFTA, understanding the legal structure of other signatories requires familiarity with both common law and civil law. Although a fairly large number of civilian lawyers attend LL.M. programs in the United States, few American lawyers learn the civil law, especially the civil law of Mexico and Mexico's Latin American counterparts. Surprisingly, American and Canadian law schools have paid little attention to preparing graduates for the type of transnational legal practice that will arise under NAFTA.A lack of preparedness at the graduate college level has invariably led to “a lack of knowledge on the United States side …

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

UC Law SF International Law Review

No abstract provided.

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

The Expanding International Trade Regime: New Challenges And Opportunities For Legal Practitioners, Daniel Bradlow, Chang S. Oh-Turkmani, Ronald E. Pump, Robin L. Rosenberg, Seymour J. Rubin, Franciso J. Velasquez

American University International Law Review

No abstract provided.

Financing Sources For Trade & Investment In Latin America, A. Martin Erim, E. Terry Jaramillo, Mark D. Johnson, Marco G. Monroy, Miguel E. Rubio, Oliver P. Yandle, Carlos A. Zubiaur

American University International 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.