Digital Commons Network^™

Transnational Legal Practice And Professional Ideology, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review (1982 - 2011)

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.

Selective Distribution, John Temple Lang

Fordham International Law Journal

Systems of selective distribution involve essentially two elements. First, the distribution does not supply every dealer, retailer, or wholesaler who is willing to sell the products in question. Only those who meet certain criteria are appointed as authorized retailers or wholesalers. Second, authorized dealers may sell only to other authorized dealers, or, in the case of retailers, to users. It is usual to classify the criteria for selecting the dealers to be approved as follows: 1) Qualitative and Quantitative Criteria; 2) Objective and Subjective Criteria; 3) Technical Qualifications and Commercial Qualifications. There may of course be obligations, including restrictive obligations, …

The Impact Of Security Concerns Upon International Economic Law, David D. Knoll

Syracuse Journal of International Law and Commerce

Having raised the question of whether differently structured economies can both gain from trade and retain a sense of national security, this paper seeks to analyze the progress of international economic law in regulating the interface between trade and defense policies.

A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger

Northwestern Journal of International Law & Business

The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.

United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt

Northwestern Journal of International Law & Business

The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …

Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang

Fordham International Law Journal

It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a concomitant decrease in the number of cases dealt with by the Commission. The Commission could try to solve any problem of increasing workload by proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national …

A Shared Values Approach To Jurisdictional Conflicts In International Economic Law, Bernhard Grossfeld, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

No abstract provided.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci

Fordham International Law Journal

This Comment will discuss problems inherent in creating a framework for liberalization of trade in the service sector and will propose a general plan for approaching those problems. Part One will examine the economic significance of the service sector world-wide. Part Two will consider problems in quantifying the service sector and in identifying barriers to trade in services. Part Three will look into the difficulties of building international consensus on the need for liberalization and efforts made to that end. To conclude, Part Four will explore the possibility of extending the GATT to cover services.

Book Reviews, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Foreign Agents' Registration: A Practitioner's Note, James N. Hyde

North Carolina Journal of International Law

No abstract provided.

Application And Constitutionality Of The Revised Uniform Reciprocal Enforcement Of Support Act, Lou Ann Newman

North Carolina Journal of International Law

No abstract provided.

The Supreme Court Says No To Equal Treatment Of Puerto Rico: A Comment On Harris V. Rosario, Stewart W. Fisher

North Carolina Journal of International Law

No abstract provided.

The International Court Of Justice At Its Present Stage Of Development, Hermann Mosler

Dalhousie Law Journal

The object of this study is not to give an outline on the role and function of the International Court of Justice in general but to evaluate its present situation. This is quite a different subject although for this purpose it will be indispensable to compare achievement reached by the Court with the role assigned to it at the time of its foundation as part of the basic structure of the United Nations, the legal organization of the international community. Reminding at the very beginning, of deficiencies actually existing, I do not want to intimate that the problems with which …

The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard

UC Law SF International Law Review

The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.

Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland

Northwestern Journal of International Law & Business

In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …

Direct Elections To The European Parliament, Peter-Christian Muller-Graff

Case Western Reserve Journal of International Law

No abstract provided.

Some Aspects Of Abuse Of Dominant Positions In European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This article starts by looking at Article 86 of the ECC Treaty governing antitrust violations and the significance of "dominant position" in applying the Rule. The author then explains how in light of United Brands v. Commission, a Court of Justice of the European Communities Court, evidence of dominance may be classified in four categories. Next, the author explains the different types of abuses under Article 86. Finally, the author draws four conclusions. First, the contrast drawn by various authors between the EEC law, which prohibits abuse of a dominant position, and U.S. law, which forbids "monopolisation", is exaggerated and …

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Back Matter

Syracuse Journal of International Law and Commerce

Book Review, Books Received, Back Cover

The Soviet Foreign Trade Monopoly: Institutions And Laws By John Quigley, W. E. Butler

Maryland Journal of International Law

No abstract provided.

The Anthropocentric Theory Of International Law As A Basis For Human Rights, S. Prakash Sinha

Case Western Reserve Journal of International Law

No abstract provided.

Lawyers, Privileged Communications, And The Foreign Agents Registration Act Of 1938, Phyllis K. Fong

Vanderbilt Journal of Transnational Law

Originally enacted to control the spread of subversive propaganda during World War I, the Foreign Agents Registration Act of 1938 (Act) now regulates the conduct of lobbyists, public relations counsellors, attorneys, and other agents acting on behalf of foreign entities. The Act no longer prohibits dissemination of political propaganda, but requires that foreign agents register and disclose the nature and extent of all activities conducted pursuant to the agency agreement, on the assumption that adequate disclosure and publicity of agents' activities will make it impossible for foreign agents to take advantage of an unwary public. Congress has imposed, moreover, penal …

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

The present essay is one of the fruits of a four-year comparative research project entitled "Florence Access-to-Justice Project," sponsored by the Ford Foundation and, with a slightly more local focus, the Italian National Council of Research (CNR). The essay will serve as the General Report introducing the Project's forthcoming four-volume series. The volumes, being published by Sijthoff (Leyden and Boston) and Giuffr6 (Milan) under the general editorship of Mr. Cappelletti are: Volume I. Access to Justice: A World Survey (edited by Messrs. Cappelletti and Garth); Volume II. Access to Justice: Studies of Promising Institutions (edited by Mr. Cappelletti and Mr. …

Inter-American Legal Developments, R. C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

How To Structure Investment And Trade Operations For Americans In The Roc: A Lawyer's Experience, Chun Li

Maryland Journal of International Law

No abstract provided.

North Carolina In The International Marketplace: A Guide To Transnational Business Activity, Michael A. Almond

North Carolina Journal of International Law

No abstract provided.

Latin American Economic Integration, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.