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2000

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Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason Jan 2000

Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason

Faculty Articles

As the US becomes increasingly litigious, US citizens are more frequently sheltering their wealth in offshore asset protection trusts, or OAPTs. This article provides a thorough overview of the topic, discussing a variety of pertinent legal information.

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2000-01 Managing And Editorial Boards, Georgia Journal Of International And Comparative Law Jan 2000

2000-01 Managing And Editorial Boards, Georgia Journal Of International And Comparative Law

GJICL Editorial Boards

Managing and Editorial Boards for the Academic Year 2000-01

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Student Organization Officers 2000-2001, Office Of Registrar Jan 2000

Student Organization Officers 2000-2001, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

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The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez Jan 2000

The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez

LLM Theses and Essays

When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …

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Laws Governing Bank Securities Activities In The United States, Hanning Zhang Jan 2000

Laws Governing Bank Securities Activities In The United States, Hanning Zhang

LLM Theses and Essays

This thesis analyzes the previous regulatory approach to bank investment activities in the United States and its effects on the banking industry, discusses regulatory changes that expanded banking powers, reviews the new legislation and potential problems in the current movement of financial reform, and suggests some solutions. Chapter II reviews previous statutory regimes on bank securities activities, including those separating traditional and investment banking under the Glass-Steagall Act and Bank Holding Company Act. The regulatory regime under the E.U. banking system is addressed to give an example of successful deregulation, by which universal banks may fully enjoy the rapid changing …

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Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil Jan 2000

Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil

LLM Theses and Essays

This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …

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A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger Jan 2000

A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger

LLM Theses and Essays

Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …

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The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson Jan 2000

The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson

LLM Theses and Essays

Much of the recent literature on negotiation has concerned environmental negotiations. The environmental negotiations literature often discusses the negotiation of domestic environmental issues or the negotiation of multilateral/global environmental conventions. However, the literature on bilateral negotiations dealing with environmental issues, especially as it is related to mutual defense arrangements is scarcer. This thesis deals with this latter type of negotiations. This thesis explores whether interest-based negotiation techniques can be effectively used in resolving the environmental issues that are associated with base closures. It will do so by first describing and responding to some of the criticisms of the fundamental concepts …

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Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim Jan 2000

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …

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Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele Jan 2000

Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele

LLM Theses and Essays

The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …

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International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva Jan 2000

International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva

LLM Theses and Essays

This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …

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International Joint Ventures Between France And The United States, Alexis Desreumaux Jan 2000

International Joint Ventures Between France And The United States, Alexis Desreumaux

LLM Theses and Essays

This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …

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Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky Jan 2000

Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky

LLM Theses and Essays

The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …

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The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar Jan 2000

The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar

LLM Theses and Essays

The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …

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"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli Jan 2000

"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli

LLM Theses and Essays

It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …

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The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park Jan 2000

The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park

LLM Theses and Essays

Mutual funds and hedge funds are popular forms of investment in the United States and throughout the world. Mutual funds are regulated by securities' regulators in the United States. Hedge funds, however, are not regulated because of their operational flexibility in investment. U.S. regulators are concerned that if they regulate hedge funds, hedge funds will, along with their economic benefits, emigrate to offshore havens. However, if we consider the importance of the American financial markets in the world, this idea can be dismissed. Due to globalization in the capital markets, small events in the United States can have large effects …

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Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson Jan 2000

Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson

LLM Theses and Essays

This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …

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Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross Jan 2000

Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross

GW Law Faculty Publications & Other Works

Despite doctrinal requirements that the state establish a compelling interest to justify content-based regulations on speech, Professor Ross argues that courts have routinely taken the government's interest at face value when it argues that it inhibits speech to protect children. The Article examines the Supreme Court's test which requires the state to establish a compelling interest by articulating the precise harm it wishes to address, demonstrating a nexus between that identified harm and the regulated speech, and showing that restriction of the speech will alleviate the harm. The author seeks to reframe the discussion surrounding controversial speech and children by …

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Patent Protection Of Computer Programs, James P. Chandler Jan 2000

Patent Protection Of Computer Programs, James P. Chandler

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Dialogue Magazine, Winter 2000 Jan 2000

Dialogue Magazine, Winter 2000

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

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Federal Environmental Law In The 'New Federalism' Era, Robert L. Glicksman, Stephen Mcallister Jan 2000

Federal Environmental Law In The 'New Federalism' Era, Robert L. Glicksman, Stephen Mcallister

GW Law Faculty Publications & Other Works

As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important decisions, always decided with the same five justices in the majority, the Court has begun to redefine the federal-state relationship and the scope of federal authority. The past term generally continued that trend, with one important commerce power decision, one significant Eleventh Amendment/Fourteenth Amendment decision, and a number of decisions that involve or affect federalism and the scope of federal power, although the Court sometimes relied on statutory …

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The Watermark: A Journal Of The Arts - Vol. 08 - 2000-2001, University Of Massachusetts Boston Jan 2000

The Watermark: A Journal Of The Arts - Vol. 08 - 2000-2001, University Of Massachusetts Boston

The Watermark: A Journal of the Arts (1993-2014)

No abstract provided.

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Editorial: Mandatory Reporting Of Child Abuse In Ireland: Some Cautionary Comments, Niall Mcelwee Jan 2000

Editorial: Mandatory Reporting Of Child Abuse In Ireland: Some Cautionary Comments, Niall Mcelwee

Irish Journal of Applied Social Studies

The last year of the previous Millennium saw the publication of the latest government document on mandatory reporting of child abuse titled the National Guidelines for the Protection and Welfare of Children. This issue has come to dominate the minds of social care workers and child protection and welfare professionals. This editorial is an edited version of research conducted for a conference on child abuse and sexual offences held in Waterford, Ireland. Mandatory reporting has become a mantra and is now part of a highly politicised debate in this country. It seems to me that mandatory reporting should not be …

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The Freedom Of Information Act, 1997: Some Observations, Anita Crowdle Jan 2000

The Freedom Of Information Act, 1997: Some Observations, Anita Crowdle

Irish Journal of Applied Social Studies

The Freedom of Information Act 1997 was considered to be a vital part of the daily running within the child care organisation that I was working in and came to my attention whilst working in the caring field in the academic year of 1997/98. As it was my first post within the field of social care, having graduated from college in Athlone just that year with a Diploma, I was fortunate to "grow up" with the Act. Meanwhile the organisation and its staff gained the knowledge and training to make the necessary preparations and changes for the Acts implementation. This …

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The Changing Structure Of The Homeless Population In Cork City: Implications For Theories Of Homelessness And Service Provision, Michelle Norris, Noreen Kearns Jan 2000

The Changing Structure Of The Homeless Population In Cork City: Implications For Theories Of Homelessness And Service Provision, Michelle Norris, Noreen Kearns

Irish Journal of Applied Social Studies

The last two decades have seen extensive reform of policy on homelessness in Ireland, but these changes have not been underpinned by any extensive research which would shed light on the causes of homelessness and help in the design of settlement services. This article, which describes the results of the first detailed survey of the homeless population of Cork city, is intended to address the dearth of empirical evidence on homelessness in Ireland. This information is presented in three parts. The opening section of this article outlines the methods which were used to collect data on the homeless population in …

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Single Pregnant Women's Encounters In Public: Changing Norms Or Performing Roles, Abbey Hyde Jan 2000

Single Pregnant Women's Encounters In Public: Changing Norms Or Performing Roles, Abbey Hyde

Irish Journal of Applied Social Studies

This paper presents data on single pregnant women's encounters in public in an Irish context. Data were collected using in-depth interviews, which were analysed using a grounded theory strategy. The study was conducted in Dublin City and 51 unmarried women whose ages ranged from 16-36 participated. Findings suggested that while dominant public discourses on non-marital childbearing within the culture were negative (albeit challenged) at the time data were being collected, responses from others whom participants interacted with in verbal face-to-face encounters in public were generally (though certainly not exclusively) experienced as positive in tone. An attempt is made to explain …

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Youth Work In Ireland: The Struggle For Identity, Hilary Jenkinson Jan 2000

Youth Work In Ireland: The Struggle For Identity, Hilary Jenkinson

Irish Journal of Applied Social Studies

This paper discusses the struggle the youth work sector in Ireland has experienced in forming a conceptual and practicebased identity . Youth work in the Irish context is a relatively new discipline both in theoretical and practical terms and its development on the ground has been severely hindered by "the erratIc and fitful evolution of policies .. .insecure employment conditions, inadequate resources and a constant search for funding from a bewildering array of sources" (Gilligan 1991 p.89). This article outlines some central principles that are fundamental to youth work practice, and identifies practice contexts which adhere to these tenets. The …

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Early Childhood Care And Education In Ireland And The Challenge To Educational Disadvantage, Jackie O'Toole Jan 2000

Early Childhood Care And Education In Ireland And The Challenge To Educational Disadvantage, Jackie O'Toole

Irish Journal of Applied Social Studies

Acknowledging the common assumption locating the impact of education in its role to act as a mediator between origins and destinations, this paper examines Early Childhood Care and Education [ECCE], particularly the role state provided, compensatory education plays in challenging educational disadvantage. Initially operationalisation is made of the key concepts of ECCE, equality of opportunity and educational disadvantage. I then move to briefly describe the historical development of ECCE and compensatory education. Three state provided compensatory education programmes are identified: Rutland Street Project, Breaking the Cycle and Early Start. I conclude by outlining the significant impact early interventions can have …

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Networking: Promotion Of "Horizontal" Partnership In The Local Development Programme, Catherine Forde Jan 2000

Networking: Promotion Of "Horizontal" Partnership In The Local Development Programme, Catherine Forde

Irish Journal of Applied Social Studies

Social partnership, or 'the search for consensus on economic and social objectives between sectoral interests' (Walsh et aI., 1998) has gained increasing importance in Irish public policy in recent years. The Programme of Integrated Development in Disadvantaged Areas 1995-1999 (P.I.D.D.A), under the Local Development Programme, is one of several initiatives to stem from the Irish commitment to social partnership. The Programme represents a locally-based response to unemployment and disadvantage. Two of its principal objectives are as follows: • To improve the capacity of local communities 'to participate fully in local development and to counter social exclusion' (Ireland, 1995, p. 60). …

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Markets, Myths, And A Man On The Moon: Aiding And Abetting America’S Flight From Health Insurance, Andre Hampton Jan 2000

Markets, Myths, And A Man On The Moon: Aiding And Abetting America’S Flight From Health Insurance, Andre Hampton

Faculty Articles

The United States health care system is a tragic product of blind distrust of government and unquestioning faith in markets—the belief that the market will always do a more efficient job of allocating resources better than the government. However, health care is a peculiar commodity that differs from other goods and services that are distributed in the market. There is a real question about whether it is appropriate to provide health coverage pursuant to an insurance model, let alone provide it through an insurance model in the market. While the pooling of risks guarantees a greater number of people will …

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