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The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo Jan 1985

The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo

Michigan Journal of International Law

This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.

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Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley Jan 1985

Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley

Michigan Journal of International Law

This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …

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The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld Jan 1985

The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld

Michigan Journal of International Law

This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …

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Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas Jan 1985

Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas

Michigan Journal of International Law

While a number of commentators have discussed the adaptability of the GATT to problems of trade in services, none have specifically addressed its applicability to lawyering or other professional services. Part I considers the GATT's progress on services issues to date. Part II identifies and classifies the barriers to transnational legal practice. Part III explores the possibility of liberalizing many of these barriers through the application of GATT substantive concepts and the use of GATT procedural mechanisms.

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Clinical Legal Education: Is Taking Rites Seriously A Fantasy, Folly, Or Failure?, Steven D. Pepe Jan 1985

Clinical Legal Education: Is Taking Rites Seriously A Fantasy, Folly, Or Failure?, Steven D. Pepe

University of Michigan Journal of Law Reform

This article assesses the primary product of law schools-the practicing lawyer-and reviews the criticisms of the adequacy of the initial training for attorneys that law schools provide. After a brief. review of goals of legal education and goals of clinical teaching methods, the article argues that properly structured clinical programs are not based on flawed premises and that the nation's law schools, particularly the leading schools, should not abandon their clinical experiments without further efforts to help clinical legal education achieve its unfulfilled promises. The premises and assertions of this article are not new. Indeed, they are reiterations of a …

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Transitional Legal Practice And Professional Ideology, Bryant G. Garth Jan 1985

Transitional Legal Practice And Professional Ideology, Bryant G. Garth

Michigan Journal of International Law

This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …

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The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young Jan 1985

The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young

Michigan Journal of International Law

The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …

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Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law Jan 1985

Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law

Michigan Journal of International Law

To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.

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Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt Jan 1985

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …

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Appendix 2: Annotated Bibliography, Michigan Journal Of International Law Jan 1985

Appendix 2: Annotated Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

Additional reading related to the articles in this volume.

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Front Matter Jan 1985

Front Matter

Michigan Journal of International Law

No abstract provided.

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Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self Jan 1985

Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self

Michigan Journal of International Law

Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …

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A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman Jan 1985

A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman

Michigan Journal of International Law

This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.

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U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson Jan 1985

U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson

Michigan Journal of International Law

Part I of this note considers whether U.S. federal and state law applies the attorney-client privilege equally to communications with U.S. and non-U.S. attorneys. It concludes that, contrary to the ILP's position, the law on this issue is not firm. In light of the policy issues raised by the AM & S decision, part II considers factors that may justify discriminating between U.S. and non-U.S. lawyers, or among non-U.S. lawyers. It concludes that the public interest may be served best by extending the attorney-client privilege to communications with some, but not all, non-U.S. lawyers. Part III presents a proposal for …

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Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis Jan 1985

Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis

Michigan Journal of International Law

This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …

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Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard Jan 1985

Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard

Michigan Journal of International Law

This note argues that the Treaty of Rome has had, and will continue to have, little impact on legal practitioners within the European Community. Part I examines Community barriers to transnational legal practice among the EC nations. It looks first at the history and shortcomings of the 1977 Directive on Freedom of Lawyers to Provide Services. It then describes the effect of the failure of the Council of the European Community to enact a directive mandating mutual recognition of legal degrees. It concludes that neither the Council nor the European Court of Justice is likely to eliminate existing Community-wide barriers …

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Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace Jan 1985

Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace

Michigan Journal of International Law

Part I of this note outlines the major nontariff barriers (NTBs) to trade in services. Part II discusses the provisions of the Trade and Tariff Act that are aimed at the reduction of those barriers. Part III examines the applicability of the TTA to legal services and the potential limitations on the provisions of an international agreement for that particular service industry. It concludes that concerns over state sovereignty, while no longer posing a constitutional obstacle to an international agreement on trade in services, will remain an important political force in the shaping of such an agreement.

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Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law Jan 1985

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.

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Books Received, Michigan Law Review Dec 1984

Books Received, Michigan Law Review

Michigan Law Review

A list of books received by Michigan Law Review

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Vol. 33, No. 10, November 28, 1984, University Of Michigan Law School Nov 1984

Vol. 33, No. 10, November 28, 1984, University Of Michigan Law School

Res Gestae

•Profs: Ax Summer Term •Sandalow Pulls Down Six Figures Annually •Polarization Politics: Whose Side are You On? •Lodahl Just Disgruntled Over Democratic Outcome •2, 4, 6, 8, Come on, Let's Evaluate •The Comparable Worth Debate: A Recipe for Economic Disaster •Peer Schools Aid Repayment •'Alternative' Careers Explored •HLSA Proposes Office Plan •Law Students to Stage Play •Crossword •'Choose Me' Short on Quality Options •Save a Suit, Draft a Lawyer •Notices •The UPI's Bottom Five List •Law in the Raw

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Briefs, University Of Michigan Law School Oct 1984

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

The Court's "good faith" exception spells more trouble for the exclusionary rule; John Jackson tells government officials everything they always wanted to know about international trade; University mourns Marcus Plant; Frederick Schauer joins the faculty; Susan Eklund is promoted and Virginia Gordan and Beverley Pooley make the "Dean's List"; Dennis Ross leaves for Washington .

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Rites Of Passage, Rites Of Spring: The Honors Convocation And Senior Day Speeches. A Senior Day Address, Patricia M. Wald Oct 1984

Rites Of Passage, Rites Of Spring: The Honors Convocation And Senior Day Speeches. A Senior Day Address, Patricia M. Wald

Law Quadrangle (formerly Law Quad Notes)

Like the new leaves on the Quadrangles trees, Honors Convocation and Senior Day demarcate the end of the Law School academic year. In speeches made on these occasions last May, Law Professor Thomas Kauper and Federal Judge Patricia M. Wald urged graduates to take the risks that excellence mandates and to live full lives both inside and outside the law. Their addresses follow in abridged form.

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Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Oct 1984

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

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Periodical Index, Michigan Law Review Oct 1984

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Reviews

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Vol. 33, No. 3, September 26, 1984, University Of Michigan Law School Sep 1984

Vol. 33, No. 3, September 26, 1984, University Of Michigan Law School

Res Gestae

•Faculty Reviews Summer Session •Rabbi Teaches More Than Torah •LSSS: ''Tried MSA?" •Student Dies in Bike Wreck •Schools Establish Secularism •Way to Go •God Belongs in the Schools •Act Against the Reagan Threat •Cut to the Quick •Notices •Twerski: Teacher, Drafter, Commuter •IM Game of the Week: A Fun Contest •Omission is the Better Part of Valor •Law in the Raw

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The University Of Michigan Bulletin: Law School Announcement 1985-86, University Of Michigan Law School Aug 1984

The University Of Michigan Bulletin: Law School Announcement 1985-86, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; Legal Education at Michigan; Personnel and Facilities; The Law Curriculum; Graduation, Honors, and Prizes; Extra-Curricular Activities; Living in Ann Arbor; Admissions and Finances; Officers and Faculty;

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Periodical Index, Michigan Law Review Jun 1984

Periodical Index, Michigan Law Review

Michigan Law Review

Subject index of articles, comments, notes, and recent developments appearing in leading reviews.

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The Unnecessary Doctrine Of Necessaries, Michigan Law Review Jun 1984

The Unnecessary Doctrine Of Necessaries, Michigan Law Review

Michigan Law Review

This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …

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How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann May 1984

How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann

Michigan Law Review

The concept of "two speeds" de lege ferenda and the connected question of possible flexibility in Community law de lege lata raise a number of highly complex institutional questions that go to the very roots of the Community system. We offer the following analysis of such questions to Eric Stein, whose writing and teaching have contributed so greatly to the understanding of the Community's foundations.

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Vol. 32, No. 22, April 11, 1984, University Of Michigan Law School Apr 1984

Vol. 32, No. 22, April 11, 1984, University Of Michigan Law School

Res Gestae

•Hoopster Ready to Handle Hutchins •Participants Call C.L.S. Seminar A Success •Smith Responds to Racist •Piling On •Poster Apology •Moot Court •Christianity Deserves a Second Look •SFF Thanks •Harvard Initiates New Loan Program •Notices •Senate Okays Public Interest Loan Letter •Conference to Examine First Amendment in Reagan Era •Fiction- Episode IV: Divide and Conquer •Marvin Gaye Leaves Complex Legacy •Mombo Continues •WLSA Gets No Action on Women 's Course •Nightmares for McStudent in Wonderland •Mombo the Mongoose and Assorted Tales •Law in the Raw

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