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Discussion After The Speeches Of Douglas Rosenthal And Jonathan Fried, Discussion

Canada-United States Law Journal

No abstract provided.

The Dimensions Of Sovereignty--A U.S. Approach, Douglas E. Rosenthal

Canada-United States Law Journal

No abstract provided.

Settlement Of International Trade Disputes--Challenges To Sovereignty--A Canadian Perspective, Lawrence L. Herman

Canada-United States Law Journal

No abstract provided.

Discussion After The Speech Of Stuart Smith, Discussion

Canada-United States Law Journal

No abstract provided.

Sovereignty And Food Safety In A Nafta Context, Paul Martin

Canada-United States Law Journal

No abstract provided.

Introduction: The Impact Of Globalization On Sovereignty And The Environment, Leonard Young

Canada-United States Law Journal

No abstract provided.

International Human Rights, Harvetta Asamoah, Alya Kayal, Emily Chuo, Melanne Anromecca Civic

The International Lawyer

No abstract provided.

An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis

Northwestern Journal of International Law & Business

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …

Lost In The Judicial Wilderness: The Stateless Corporation After Matimak Trading, Mark Baker

Northwestern Journal of International Law & Business

Statelessness clearly implicates issues concerning basic human rights. The United Nations has addressed some of these issues by taking steps to reduce statelessness and to minimize its results, most notably with the Convention on the Reduction of Statelessness and the Convention Relating to the Status of Stateless Persons. Although mitigating the effects of statelessness is noble and quite worthwhile, these efforts may fail to reach certain stateless persons, and, more specifically, certain stateless entities. Enter Matimak Trading Company ("Matimak"), a corporation formed under the laws of, and with its principal place of business in, Hong Kong. Recently, the U.S. Second …

Debt Exchanges Revisited: Lessons From Latin America For Eastern Europe, Ross P. Buckley

Northwestern Journal of International Law & Business

No abstract provided.

Will The Judgment-Proof Own Cyberspace, Henry H. Perritt Jr.

The International Lawyer

No abstract provided.

International Antitrust, Gabriel Castaneda, Cauwlart Alicia Van, Yee Wah Chin, Paul S. Crampton

The International Lawyer

No abstract provided.

Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A U.S. Perspective, Joseph P. Griffin

Canada-United States Law Journal

No abstract provided.

Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg

Fordham International Law Journal

This article will deal with specific aspects of the divided-power system of the European Union and provide a legal analysis concerning federalism issues in the European Union raised before the Court of Justice that are similar to those in the United States. First, the article will reference recent U.S. case law on federalism. The bulk of the Article will concentrate on the question of whether and to what extent European Community ("EC") directives, as legislative instruments, are capable of mandating specific courses of action to be pursued on the local or regional level in Member States. Next, the article will …

Expansion Of Epidemic Dengue Viral Infections To Pakistan, R E. Paul, A Y. Patel, S Mirza, S P. Fisher-Hoch, S P. Luby

Community Health Sciences

Objectives: Antibodies to dengue viruses have occasionally been reported in individuals in Pakistan, but the frequency of occurrence of dengue infection in Pakistan is unclear. The first confirmed dengue hemorrhagic fever outbreak in Pakistan occurred in 1994. In October 1995, the authors investigated an outbreak of a febrile illness among employees of a construction contractor at a power generation plant in Baluchistan, Pakistan, to determine the cause of illness and recommend appropriate preventive measures.Methods: The work site and living arrangements were inspected, a questionnaire was administered, and serum samples were collected from all consenting contractor employees and their families if …

Segmentation Of Printed Circuit Board Images Into Basic Patterns, Madhav Moganti, Fikret Ercal

Computer Science Faculty Research & Creative Works

Segmentation is the first and foremost step in the inspection of the printed circuit boards. In this paper a new technique for the segmentation of printed circuit board (PCB) images is presented. The technique basically segments a given PCB into small windows containing primitive PCB subpatterns. The technique proposed exploits the simplicity and the homogeneity of the PCB images and is inherently parallel. A detailed discussion of the experiments and the results obtained is also presented. © 1993 Academic Press.

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …

Book Review: The Contentious Lands: A Review Of Western Public Lands And Environmental Politics, By Charles Davis, Ed., Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Turning Servile Opportunities To Gold: A Strategic Analysis Of The Corporate Opportunities Doctrine, Eric L. Talley

Faculty Scholarship

Perhaps no single motif permeates corporate law and governance literature like the problem of agency costs. Though modest in concept, the canonical principal-agent framework yields fundamental insights into virtually every economic relationship involving the firm. These insights, in turn, not only animate prevailing positive accounts of the modern corporation, but they also provide a normative basis for regulating the oft-lamented gulf between ownership and control.

Despite their pervasiveness, problems of agency costs are rarely more vexing than when an agent is also a potential competitor. A notable example of such a scenario occurs when a corporate manager acquires information about …

Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg

Faculty Scholarship

U.C.C. Articles 2B of the Uniform Commercial Code was designed primarily to regulate online and mass market transactions, particularly the licensing of computer software. Its effects, however, will extend to authors of works other than computer software. This Article considers the effects Article 2B would have on dealings between those authors and the exploiters of the authors' works. By reducing procedural barriers to the formation of licenses, Article 2B would make it all too easy for an author to assent to contract terms that may heavily favor an exploiter of the author's work. On the other hand, default contract terms …

Foreword, Daniel Richman

Faculty Scholarship

There is a degree of irony in calling this a Symposium on "The Changing Role of the Federal Prosecutor." In perhaps its most important aspect, the role of the federal prosecutor has not changed at all – or, at least, we do not want it to change. At its core, the prosecutor's job always has been to mediate between spectacularly broad, legislative pronouncements and the equities of individual cases, giving due attention to the public interest and such technical matters as evidentiary sufficiency. This continues to be true. Indeed, the full title of the Symposium celebrates our hope for continuity …

Toward A Principled Interpretation Of The Commerce Clause, Thomas W. Merrill

Faculty Scholarship

Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If forced to choose between formalism and functionalism, I would probably come down on the side of formalism. I would not do so, however, because there is some meta-rule that prescribes formalism. Rather, it would be because formalism, on balance, has better consequences than functionalism – in other words, because there are good functionalist reasons to be a formalist.

Where I part company with many constitutional formalists is not so much over the desirability of rules as opposed to ad hoc balancingbut rather over the generality and …

How Does Congress Define 'Perjury'?, Robert Blecker

Other Publications

No abstract provided.

The Right Way Out, Robert Blecker

Other Publications

No abstract provided.

By What Right Do Judges Run Prisons?, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

Reflections On The Role Of Nonprofit Associations In A Representative Democracy, Barbara Bucholtz

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Total S.A. Case: Meaning Of "Investment" Under The Ilsa, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Class Action Litigation In China, Benjamin L. Liebman

Faculty Scholarship

Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the legal profession. …

High-Level, "Tenured" Lawyers, Thomas W. Merrill

Faculty Scholarship

Government lawyers can be broadly categorized as either political or civil service appointees. The political appointees constitute a thin layer at or near the top of the hierarchy of government lawyers. They include, most prominently, presidential appointees – "Officers of the United States" who must be nominated and confirmed by the Senate prior to their appointment. They also include a variety of lesser lawyers who are exempt from most of the civil service laws. Such exempt "inferior Officers" include, for example, the lawyers in the White House Counsel's office and so-called "Schedule C" lawyers who hold positions "of a confidential …

Does The Constitution Require That We Kill The Competitive Goose? Pricing Local Phone Services To Rivals, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

This Article concludes a series by these authors and Professors J. Gregory Sidak and Daniel F. Spulber, published last year in this journal. Here, Professors Baumol and Merrill address the issues surrounding the pricing of local phone services to long distance rivals, clarifying their points of agreement and disagreement with Sidak and Spulber. In their previous articles, Sidak and Spulber argued that the movement toward competition in local telephone service should be accompanied by substantial compensation to existing local telephone carriers, a view that Baumol and Merrill do not share. Rather, they note three points of disagreement between Sidak and …