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1997

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Translating & Interpreting Foreign Statutes, Andrew N. Adler Jan 1997

Translating & Interpreting Foreign Statutes, Andrew N. Adler

Michigan Journal of International Law

This article aspires to address academics and anyone who must translate or interpret foreign statutes without previous in-depth education in the alien language and law. To make matters more interesting, the author concentrates on the plight of the minority of judges who want to arrive at independently reasoned interpretations of foreign law when given the opportunity. Most judges strive mightily to avoid even having to glance at foreign laws. And, when it becomes absolutely necessary to read a foreign code, most judges and litigators retain the centuries-old habit of relying too slavishly on tendentious expert testimony. Furthermore, while most states …


Front Matter Jan 1997

Front Matter

Michigan Journal of International Law

No abstract provided.


Japanese-Auto Products V. Bbs—A Threat To Exacerbate U.S.-Japanese Trade Relations, Matthew R. Hicks Jan 1997

Japanese-Auto Products V. Bbs—A Threat To Exacerbate U.S.-Japanese Trade Relations, Matthew R. Hicks

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


An Assessment Of Shellfish Resources In The Deep Water Areas Of The Peconic Estuary, Daniel Lewis, Jeffrey Kassner, Robert Michael Cerrato, Rebecca Finch Jan 1997

An Assessment Of Shellfish Resources In The Deep Water Areas Of The Peconic Estuary, Daniel Lewis, Jeffrey Kassner, Robert Michael Cerrato, Rebecca Finch

Special Reports

1 v. (various pagings) : ill. ; 28 cm. Includes bibliographical references.,from the introduction, ". . .In the present study, a survey of the shellfish resources in the deep waters of the Peconic Estuary was undertaken in the fall of 1995 as part of the natural resources assessment for the Peconic Estuary Program. The goals of the study were to assess the status of shellfish resources in the deep waters of the Peconic Estuary and to obtain information on bottom type, the distribution and abundance of shellfish, and the distribution of other species, particularly shellfish predators. This survey complements and …


Long Island Historical Journal, Volume 10, Number 1 (Fall 1997), Department Of History, Stony Brook University, Stony Brook, Ny Jan 1997

Long Island Historical Journal, Volume 10, Number 1 (Fall 1997), Department Of History, Stony Brook University, Stony Brook, Ny

Long Island Historical Journal

TABLE OF CONTENTS - FEATURE ARTICLES: Friends in the Spirit: African Americans and the Challenge to Quaker Liberalism, 1776-1915 by Lynda R. Day - 1 / Environment vs. Development: Groundwater and Land Use Planning in Nassau and Suffolk Counties by Lee E. Koppelman - 16 / “The Village of East-Hampton,” A Sketch by John Howard Payne edited with an Introduction and Notes by Robert P. Rushmore - 25 / Who Says the Montauk Tribe is Extinct? Judge Abel Blackmar’s Decision in Wyandank V. Benson (1909) by John A. Strong - 39 / Promises Kept: Empire State College on its Twenty-Fifth …


Contents, Anon Jan 1997

Contents, Anon

Washington International Law Journal

No abstract provided.


International Legal Education In U.S. Law Schools: Plenty Of Offerings, But Too Few Students, John A. Barrett Jr. Jan 1997

International Legal Education In U.S. Law Schools: Plenty Of Offerings, But Too Few Students, John A. Barrett Jr.

The International Lawyer

No abstract provided.


Ilr Masthead Volume 19-2 Jan 1997

Ilr Masthead Volume 19-2

ILR Past Mastheads

No abstract provided.


Constitutional "Refolution" In The Ex-Communist World: The Rule Of Law Jan 1997

Constitutional "Refolution" In The Ex-Communist World: The Rule Of Law

American University International Law Review

No abstract provided.


French Telecommunications Regulation After The 1996 Reforms, Michael S. Carter Jan 1997

French Telecommunications Regulation After The 1996 Reforms, Michael S. Carter

The International Lawyer

No abstract provided.


The International Sphere Of Application Of The 1988 Ottawa Convention On International Factoring, Franco Ferrari Jan 1997

The International Sphere Of Application Of The 1988 Ottawa Convention On International Factoring, Franco Ferrari

The International Lawyer

No abstract provided.


New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer Jan 1997

New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer

Northwestern Journal of International Law & Business

Cigarette and tobacco advertisements have become a part of life in the Czech Republic and Romania. In the Czech Republic, Camel cigarettes, manufactured by R.J. Reynolds, sponsored weddings in which taxis bearing the Camel logo transported guests from the wed- ding to the reception.' In Romania, Kent cigarettes, manufactured by British and American Tobacco Company (BAT), sponsored the ex- tremely popular television show "Dallas."3 Unfortunately, the health consequences of cigarette use, which lead to the annual death of three million people around the world,4 have also become a part of daily life. In 1995, almost 20% of the Czech Republic's …


Central European Law, John Regis Coogan, Chavdar Popov, Don Markusic, Tomislav Boric Jan 1997

Central European Law, John Regis Coogan, Chavdar Popov, Don Markusic, Tomislav Boric

The International Lawyer

No abstract provided.


Nafta Vis A Vis The E.U.--Similarities And Differences And Their Effects On Member Countries, William C. Graham Jan 1997

Nafta Vis A Vis The E.U.--Similarities And Differences And Their Effects On Member Countries, William C. Graham

Canada-United States Law Journal

No abstract provided.


The Cultural Industries Exemption From Nafta--Its Parameters, John A. Ragosta Jan 1997

The Cultural Industries Exemption From Nafta--Its Parameters, John A. Ragosta

Canada-United States Law Journal

No abstract provided.


Nafta In The Global Context, Richard O. Cunningham Jan 1997

Nafta In The Global Context, Richard O. Cunningham

Canada-United States Law Journal

No abstract provided.


Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer Jan 1997

Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer

Northwestern Journal of International Law & Business

The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.


Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor Jan 1997

Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor

Northwestern Journal of International Law & Business

An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …


Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto Jan 1997

Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto

Northwestern Journal of International Law & Business

Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …


Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner Jan 1997

Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner

Northwestern Journal of International Law & Business

The international reaction to the Helms-Burton Act has been fierce.7 But even while the Helms-Burton debate has been raging, an earlier iece of U.S. legislation, the Foreign Corrupt Practices Act (FCPA or Act), has garnered unexpected flattery from some of the same countries that have been so vigorous in denouncing the Helms-Burton Act. There are two pos- sible explanations for these different reactions.


The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott Jan 1997

The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott

Northwestern Journal of International Law & Business

This perspective provides an introduction to the problem of corruption, focusing on two questions: * What causes corruption? * Where is corruption most serious? The perspective concludes with a brief discussion of two countries - Kenya and Uganda - that seem to be going in opposite directions politi- cally and economically, as well as in their attitudes toward corruption.


Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg Jan 1997

Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg

Northwestern Journal of International Law & Business

Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …


The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity Jan 1997

The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity

Northwestern Journal of International Law & Business

This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …


International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry Jan 1997

International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry

Northwestern Journal of International Law & Business

This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.


Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott Jan 1997

Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott

Northwestern Journal of International Law & Business

The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …


Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin Jan 1997

Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin

Fordham International Law Journal

This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This …


In Defense Of The Human, Joseph A. O'Hare S.J. Jan 1997

In Defense Of The Human, Joseph A. O'Hare S.J.

Fordham International Law Journal

The President of Fordham University introduces this book by discussing the dedication to Mother Teresa and comments on her life's work.


Centerings, V. 5, N. 03, Health Science Center, State University Of New York At Stony Brook Jan 1997

Centerings, V. 5, N. 03, Health Science Center, State University Of New York At Stony Brook

Centerings

v. : ill. ; 43 cm (original analog pub.)


Components Of Marianist Educational Culture: In A Content Analysis Of Published Works Of William Joseph Chaminade And In Phenomenological Interviews Of Persons Designated As Best Experienced In Marianist Education, Joseph H. Lackner Jan 1997

Components Of Marianist Educational Culture: In A Content Analysis Of Published Works Of William Joseph Chaminade And In Phenomenological Interviews Of Persons Designated As Best Experienced In Marianist Education, Joseph H. Lackner

Master's Theses

Digitized thesis


New Understandings Mediating Business Law In The Thai And Vietnamese Traditions: A Hermeneutic Approach To Legal Education, Leslie A. Manteuffel Jan 1997

New Understandings Mediating Business Law In The Thai And Vietnamese Traditions: A Hermeneutic Approach To Legal Education, Leslie A. Manteuffel

Master's Theses

Digitized thesis