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International Association Of Legal Sciences Symposium: Colloquium Summary, Kahei Rokumoto

Case Western Reserve Journal of International Law

Colloquium Summary

Private Lawyers In Contemporary Society: Australia, Jelie-Anne Kennedy, Anthony Ashton Tarr

Case Western Reserve Journal of International Law

No abstract provided.

The Judiciary In Contemporary Society: France, Philippe Fouchard

Case Western Reserve Journal of International Law

No abstract provided.

The Judiciary In Contemporary Society: Korea, Chang Soo Yang

Case Western Reserve Journal of International Law

No abstract provided.

"Federalism" In The European Community And The United States: A Rose By Any Other Name…., Thomas C. Fischer

Fordham International Law Journal

The general progress of the Community toward increased “federalism” seems as persistent and steady as it once was in the United States. That the Community elected another starting point, and at times seems to travel a far different road, does not mean that the final destination is different as well. Compare, for example, “federalism” in the United States and European Community in just two areas that are hallmarks of central government policy: agriculture and taxation.

Sale V. Haitian Centers Council: The Return Of Haitian Refugees, Andrew G. Pizor

Fordham International Law Journal

This Comment contends that the Supreme Court's holding in Sale was erroneous because the 1967 Protocol and customary international human rights law mandate that non-refoulement apply to all refugees regardless of location. Part I describes the historical background of the 1951 Convention, the 1967 Protocol, and the INA as they relate to non-refoulement. Part I also discusses the U.S. government's interdiction program against Haitian migrants and the human rights conditions in Haiti as they existed from the start of the interdiction program in 1982 to the present. Part II examines Sale and sets forth the procedural history of the case, …

The Gulf War: A Practitioner's View, W. Hays Parks

Penn State International Law Review (1982 - 2011)

No abstract provided.

Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson

UC Law SF International Law Review

In India, attempts to provide speedy and informal resolution of disputes through conciliation and mediation have focused on the institution of the Lok Adalat, which means the "people's courts." The Lok Adalat courts aim at extending access to the judicial system and providing a means of dispute resolution which is sensitive to the variety of indigenous methods. This Article examines the Lok Adalat courts both theoretically and in practice.

Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg

Penn State International Law Review (1982 - 2011)

No abstract provided.

Planned Parenthood V. Casey: From U.S. "Rights Talk" To Western European "Responsibility Talk", Danielle Keats Morris

Fordham International Law Journal

This Note discusses the U.S. Supreme Court's shift from the insulating the woman in her private choice to allowing the community greater scope to encourage her to exercise her choice in a manner the community considers reflective and responsible, a shift that parallels the French and Italian abortion legislation.

United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano

UC Law SF International Law Review

The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.

Indigenous Peoples And Self Determination: Challenging State Sovereignty, Catherine J. Iorns

Case Western Reserve Journal of International Law

No abstract provided.

Ethics And International Practice: A Guide To The Professional Responsibilities Of Practitioners , Robert E. Lutz

Fordham International Law Journal

Taking some typical international practice situations, we can highlight the basic professional competence questions posed: (1) ABC Company, located in California, wants to establish a manufacturing facility in Mexico, (2) ABC asks a lawyer to draft a sales agency agreement that it will use in dealing with a French distributor. The lawyer has previously prepared such an agreement for this client for use with respect to distributorships in the United States. These hypothetical situations raise the following professional competence questions: (1) What are the lawyer's professional responsibilities if the lawyer undertakes sole representation of this client in the lawyer's home …

An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.

The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond

Northwestern Journal of International Law & Business

In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …

In Re Santos: Extending The Right Of Non-Return To Refugees Of Civil Wars, Charles W. Cookson Ii

American University International Law Review

No abstract provided.

The Internationalization Of The Practice Of Law, Mary C. Daly

Fordham International Law Journal

In October 1991, the Stein Institute of Law and Ethics of Fordham University School of Law sponsored a two-day conference exclusively devoted to exploring the impact of cross-border legal services on the legal profession.

The Proposal For A Directive On The Right Of Establishment For Lawyers In The European Community, Heinz Weil

Fordham International Law Journal

This Commentary concerns the initiative of the Council of the Bars and Law Societies of the European Community to codify the right of establishment for lawyers. I would first like to give a short summary of the historical background, without which it would be rather difficult to understand the meaning of the CCBE's Draft Directive on the Right of Establishment for Lawyers. Then, without going into the technicalities of the text, I would like to summarize the content of the draft. Finally, I would like to say a few words about the present situation concerning the Draft Directive.

A Worldwide Common Code Of Professional Ethics?, John Toulmin Q.C.

Fordham International Law Journal

This Article examines if what the European Economic Community adopted as a common Code of Conduct for Lawyers in the European Community could be the basis for world-wide code of conduct for lawyers. The code of conduct creates a framework of principles of professional conduct that is to be applied to all cross-border activities between lawyers in the EEC, including all professional contacts with lawyers of Member States (and other signatories) other than their own, and also to the professional activities of lawyers in a Member State other than their own.

The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram

Fordham International Law Journal

In this Article, I will consider two general areas of the U.S. law of confidentiality. In Part I, I will reflect briefly upon what I call “the U.S. culture of lawyer-client confidentiality.” I say “culture” rather than “cult,” and one must guard against temptations to confuse those concepts. Those reflections will serve as background—by way of both match and contrast—to my sketch of the U.S. law of confidentiality in Part II.

Lawyers In The European Community: Progress Towards Community-Wide Rights Of Practice, Roger J. Goebel

Fordham International Law Journal

This Article will cover the following topics: I The Context of Community Law on Lawyers' Rights; II The Rights of Professionals; III Rules on Lawyers' Freedom to Provide Services; IV Lawyers' Right of Professional Establishment; V Mutual Recognition of Higher-Education Diplomas; VI The Role of the Council of the Bars and Law Societies of the European Community; VII The State of Progress Toward Community-wide Rights of Practice; and VIII Reflections on U.S.-E.C. Cross-Border Practice.

Immunity Of International Organizations In United States Courts: Absolute Or Restrictive?, Richard J. Oparil

Vanderbilt Journal of Transnational Law

Since 1945, international and intergovernmental organizations have been entitled to immunity under the International Organizations Immunities Act (IOIA) akin to that enjoyed by foreign governments, which was absolute at that time. In 1976, however, passage of the Foreign Sovereign Immunities Act (FSIA) significantly restricted the nature of foreign governments' immunity. This Article addresses the issue of whether the FSIA also restricted the immunity enjoyed by international organizations. The first two sections describe the IOLA and the FSIA. The third section discusses a number of cases involving international organizations and the ways courts have been able to avoid the issue of …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990).

THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES …

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.

Hong Kong: Prospects Of Autonomy Under Chinese Rule After 1997, Eric K. Shiu

Global Business & Development Law Journal

No abstract provided.

A Call For A General Agreement On Trade In Services, Jack W. Flader, Jr.

Global Business & Development Law Journal

No abstract provided.

Transitions To Democracy And The Rule Of Law

American University International Law Review

No abstract provided.

Law And The Poor In Rural India: The Prospects For Legal Aid, Richard K. Gordon Jr., Jonathan M. Lindsay

American University International Law Review

No abstract provided.

Toward A Community Bill Of Rights: The European Community Charter Of Fundamental Social Rights, Mary Frances Dominick

Fordham International Law Journal

This Article considers the Commission's initial step toward a Community bill of rights-its 1979 proposal for accession to the European Convention. That proposal was prompted in large measure by a 1974 decision of the German Constitutional Court. Due to the importance of this rulings for Community human rights jurisprudence, their significance and substance are examined in some detail in Part II of the Article. In Part III, the Council of Europe's European Social Charter is contrasted with the Community Charter, the former document having been signed, though not ratified, by all twelve Community Member States.

The Impact Of European Community Antitrust Law On United States Companies, William Brown

UC Law SF International Law Review

This Article examines two developments which have made EC competition (or anti-trust) law increasingly important to non- EC companies. First, the European Court's ruling in the Woodpulp case has confirmed the Commission's jurisdiction to apply EC competition law to companies whose agreements or practices affect competition within the Community, even where those companies are based outside, and have no place of business within, the Community. The Article examines the implications of the judgment. Secondly, in preparation for 1992, more and more non-EC companies are acquiring shareholdings in, or forming joint ventures with, EC companies, and competition law has an important …