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The Tokyo War Crimes Trial, L C. Green

Dalhousie Law Journal

Until comparatively recently (see, eg., The Other Nuremberg by Arnold C. Brackman, 1987) there has been little written in western countries concerning the International Military Tribunal for the Far East - the Tokyo Tribunal - when compared with its "sister" Tribunal at Nuremberg. The compilation of Principles drawn up by the United Nations is known as the Nuremberg Principles regardless of the fact that the same principles were applied in Tokyo. In 1983, to coincide with the first Japanese showing of the film The Tokyo Trial premiered in New York two years later, an International Symposium on the Trial was …

Behind Closed Doors: How The Rich Won Control Of Canada's Tax System... And Ended Up Richer, Faye Woodman

Dalhousie Law Journal

Linda McQuaig is not an expert. Therein lies an important strength of her book on the Canadian tax system, Behind Closed Doors: How The Rich Won Control of Canada's Tax System ... And Ended Up Richer. Because she is not an expert she has not relied on an insider's knowledge of technical points and jargon and neither has she gotten caught up in a particular disciplines's specialist concerns. Rather, as a good journalist, she has provided a lucid critique of the tax system which will be of interest to anyone concerned with how the tax system is or how it …

Predicting The Future Of Privacy In Pregnancy: How Medical Technology Affects The Legal Rights Of Pregnant Women, George J. Annas

Faculty Scholarship

The bodies of pregnant women are the battleground on which the campaign to define the right of privacy is fought. The ultimate outcome will likely be shaped at least as much by new medical technologies as by politics or moral persuasion. This is because medical technologies do much more than change what we can do: they can radically alter the way we think about ourselves. Technologies have the power to change "not only the relation of man to nature but of man to man."1 More than that, they can alter our very concept of what it means to be human, …

Mastery, Slavery, And Emancipation, Guyora Binder

Cardozo Law Review

No abstract provided.

Motions 1989 Volume 2 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Parent-Initiated Termination Of Parental Rights: The Ultimate Weapon In Matrimonial Warfare, D. Marianne Brower Blair

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …

The Future Of Software Copyright Protection: Arbitration V. Litigation, Alisa E. Anderson

UC Law SF Communications and Entertainment Journal

The legal profession and computer industry have expressed dissatisfaction with the existing copyright protection provided computer software and its traditional means of enforcement by litigation. These criticisms are exemplified in the protracted NEC Corp. v. Intel Corp. litigation. After examination of the current copyright laws and the recent NEC/Intel decision, the author analyzes the IBM/Fujitsu settlement, which created a new hybrid form of commercial arbitration. By relinquishing extensive control over their businesses to the arbitrators, IBM and Fujitsu established a sophisticated mechanism to resolve future conflicts and forestall future litigation. The author concludes that this hybrid method of arbitration is …

The United States Court Of International Trade: Will It Ever Be Understood, Karl Richard Tucker

Global Business & Development Law Journal

No abstract provided.

One Step Forward, One Step Back, Human Rights In The People's Republic Of China In 1987/88, John F. Copper, Ta-Ling Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.

Law For A World Community, John Quigley

Syracuse Journal of International Law and Commerce

Changes in international relations are creating a context for a new role for law. The exigencies of survival require solutions that can be achieved only at a supranational level. In the process, international law is being transformed from a law between and among states to a law that includes international organizations, individual persons, corporations, and other non-state groups. It is moving from a set of negative prohibitions that sought to keep states from injuring each other by acts of violence to a set of positive obligations to preserve and improve life for all. Law is shifting from being an interstate …

The Incorporation Of Alaska Natives Under American Law: The United States And Tlingit Sovereignty, 1867-1900, Sidney Harring

Publications and Research

No abstract provided.

Miller V. At & T Network Systems: Toward Consistency In Collective Bargaining Agreement Preemption Of State Law Causes Of Action., Robert E. Oakes

McGeorge Law Review

No abstract provided.

Discovery As Abuse, Frank H. Easterbrook

Articles

No abstract provided.

Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein

Articles

No abstract provided.

Strengthening World Order: Reversing The Slide To Anarchy, John Norton Moore

American University International Law Review

No abstract provided.

The "Rule Of Reason" In Antitrust Law: Property Logic In Restraint Of Competition, Rudolph J. Peritz

UC Law Journal

Disputing the orthodox view that competition policy has always been the only legitimate normative basis for antitrust law, this Article re-examines early antitrust history and finds persistently strong commitments to common-law property rights. An analysis of legislative materials and Supreme Court opinions reveals a series of conflicts between two competing logics or paradigms-- one founded in competition policies and the other in property rights. The discovery of this fundamental and unstable tension ultimately leads this Article to conclude that both the passage of the Sherman Act and the adoption of a "rule of reason" standard were products of triumphant property …

Precertification Settlement Of Class Actions: Will California Follow The Federal Lead, J. Spencer Schuster

UC Law Journal

The captioned parties to proposed class action lawsuits often settle before the court certifies the alleged class. The federal courts have not reached a consensus on the applicability of federal rule 23(e) to such "precertification settlements," but a growing number of federal courts order notice of proposed dismissals and compromises only when such notice is necessary to protect the legitimate interests of the putative class. The settled practice of looking to the Federal Rules of Civil Procedure when California authority is lacking supports adoption of this "functional approach" in California.

This Note argues that the settling parties should not be …

Recollections Of Professor Bishop As A Teacher Of Teachers Of Transnational Law, Covey T. Oliver

Michigan Journal of International Law

It will be interesting to me to see, should this modest tribute survive editing, whether others writing in this Symposium have also chosen to single out Bill Bishop's influence on a post-World War II generation of teachers of international public law, conflict of laws, comparative public law, and admiralty: men and women who have in considerable part been led, aided, or influenced by him into one or several aspects of the global normative science, named "transnational law" by one of his own great teachers (and mine), Philip C. Jessup.' If others have also sounded this theme, reiteration of it can …

(Why) Should Nations Utilize Antidumping Measures?, Ross Denton

Michigan Journal of International Law

The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.

Freedom Of Association: Indian Tribes, Workers, And Communal Ghosts, Aviam Soifer

Maryland Law Review

No abstract provided.

The Nuremberg Principles: A Defense For Political Protesters, Frank Lawrence

UC Law Journal

In the past three decades, some political protesters have offered an affirmative defense based on the Nuremberg Principles. The Nuremberg Defense, as it has become known, provides that private citizens have a duty and a privilege under international law and state crime prevention statutes to prevent crimes against the peace, crimes against humanity, and war crimes. Federal and state courts traditionally have rejected the Nuremberg Defense. The Nuremberg Principles are a part of customary international law, however, and as such should be applied in domestic courts. In addition, the justifications offered by courts for rejecting the Nuremberg Defense wither under …

Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The five essays by Soviet environmental law specialists published in this volume of the Pace Environmental Law Review provide insights into the contemporary debate in the USSR about how to protect nature. Before commenting on each essay, it is useful to sketch out the problems which the Soviet Union is encountering as it struggles to cope with its substantial pollution and widespread natural resource misuse.

The Toshiba-Kongsberg Incident: Shortcomings Of Cocom, And Recommendations For Increased Effectiveness Of Export Controls To The East Bloc, Wende A. Wrubel

American University International Law Review

No abstract provided.

United States-Korean Relations: Toward The 21st Century, Stephen J. Solarz

American University International Law Review

No abstract provided.

Palestine And Humanitarian Law: Israeli Practice In The West Bank And Gaza, Carol Bisharat

UC Law SF International Law Review

With the purpose of providing a context for the eighteen month long Palestinian uprising, this Article traces the significant events in the history of the Israeli-Palestinian conflict emphasising the intolerable conditions imposed by twenty-two years of military rule. In the framework of international law, this Article examines first the application of the Fourth Geneva Convention, and secondly Israel's institutionalized violation of the Convention's governing standards as they apply to Palestinians in the occupied territories. The Palestinian right to self determination will be analyzed as it relates to the application of the Fourth Geneva Convention. Finally, Israeli laws and practices will …

A Comparison Of Joint Ventures In The People's Republic Of China And Japan, Richard E. Pelosi Jr.

NYLS Journal of International and Comparative Law

No abstract provided.

Whither Liberty, Equality,Or Legality? Slavery, Race, Property And The 1787 American Constitution, Juliet E.K. Walker

NYLS Journal of Human Rights

No abstract provided.

Territorial Applicability Of The Convention: Article 2, John Quigley

NYLS Journal of Human Rights

No abstract provided.