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Articles 31 - 60 of 164
Full-Text Articles in Law
Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole
Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole
Penn State International Law Review
No abstract provided.
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
Washington International Law Journal
In February 1992, Thailand amended its patent law to provide patent protection for drugs. The amendment resulted from pressure by the United States pharmaceutical industry and the United States Trade Representative; it was not a Thai internal policy decision. Bleak prospects in the U.S. drug market due to a climate of increasing restraints on drug prices have led the Pharmaceutical Manufacturers Association to push for patent protection for their products abroad. Consequently, the United States Trade Representative pressured Thailand to amend its Patent Act to include pharmaceuticals, threatening to use Section 337 of the Trade and Tariff Act of 1930 …
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Washington International Law Journal
Special 301 of the 1988 Omnibus Trade and Competitiveness Act grants the United States Trade Representative the authority to target countries that do not adequately protect intellectual property rights. The USTR has been investigating and negotiating with several countries, including Thailand, in an effort to improve intellectual property protections for American products. As a result, Thailand has instituted noteworthy changes in its copyright and patent laws. This Comment recommends that the USTR continue to negotiate with Thailand, and that the USTR continue to exert pressure on Thailand. This Comment also suggests that because Thailand has taken steps to improve protection …
Chinese Methods For Settling Economic Disputes Concerning Foreigners And Their Legal Bases, Xiao Yongzhen, Godfrey Lam, Neil Meyers
Chinese Methods For Settling Economic Disputes Concerning Foreigners And Their Legal Bases, Xiao Yongzhen, Godfrey Lam, Neil Meyers
Washington International Law Journal
This translation of an original Chinese language work by Xiao Yongzhen discusses the legal authority Chinese courts rely on in addressing economic disputes arising from foreign investment and joint-venture agreements in the People's Republic of China. The translation details specific legal mechanisms used in China, as well as distinct Chinese legislation and practices relied upon to amicably resolve contractual disputes between private parties involving foreign interests in China. Translators' Introductory Note: The style of Chinese law review articles differs somewhat from that of American law reviews; therefore this translation should be read with those differences in mind. Chinese law review …
The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura
The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura
Washington International Law Journal
The recent Japanese banking and securities scandals are among the most serious events that the Japanese business community has ever experienced. This article, written by Professor Seiji Tanaka, and translated by Yutaka Nakamura, analyzes these events applying positive laws from Professor Tanaka's standpoint, emphasizing the social responsibilities that corporations should have in Japanese society. The article relies on the basic purposes and provisions of the Japanese Commercial and Civil Codes and establishes organic principles of social responsibility for Japanese corporations to follow. Finally, the article emphasizes that a high standard of conduct, based on these principles of social responsibility, is …
The Role Of Local Governments In Striking The Proper Balance Between Individualism And Communitarianism: Lessons For And From Americans, Kevin J. Worthen
The Role Of Local Governments In Striking The Proper Balance Between Individualism And Communitarianism: Lessons For And From Americans, Kevin J. Worthen
BYU Law Review
No abstract provided.
Schools As Intellectual And Moral Associations, Bruce C. Hafen
Schools As Intellectual And Moral Associations, Bruce C. Hafen
BYU Law Review
No abstract provided.
Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein
Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein
BYU Law Review
No abstract provided.
Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit
Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit
Michigan Law Review
A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes
General Report: Individualism And Communitarianism In Contemporary Legal Systems: Tensions And Accommodations, Mary Ann Glendon
General Report: Individualism And Communitarianism In Contemporary Legal Systems: Tensions And Accommodations, Mary Ann Glendon
BYU Law Review
No abstract provided.
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
BYU Law Review
No abstract provided.
The "State" Of Private Networks: The Emerging Legal Regime Of Polycorporatism In Germany, Gunther Teubner
The "State" Of Private Networks: The Emerging Legal Regime Of Polycorporatism In Germany, Gunther Teubner
BYU Law Review
No abstract provided.
Individualism And Communitarianism In A Contemporary Polish Legal System: Tensions And Accommodations, Miroslaw Wyrzykowski
Individualism And Communitarianism In A Contemporary Polish Legal System: Tensions And Accommodations, Miroslaw Wyrzykowski
BYU Law Review
No abstract provided.
Individualism And Communitarianism At Work, Thomas C. Kohler
Individualism And Communitarianism At Work, Thomas C. Kohler
BYU Law Review
No abstract provided.
Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku
Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku
BYU Law Review
No abstract provided.
Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse
Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse
BYU Law Review
No abstract provided.
The Poverty Of Rights-Blind Communality: Looking Through The Window Of Japan, Tatsuo Inoue
The Poverty Of Rights-Blind Communality: Looking Through The Window Of Japan, Tatsuo Inoue
BYU Law Review
No abstract provided.
Public School Financing In The United States: More On The Dark Side Of Intermediate Structures, John C. Reitz
Public School Financing In The United States: More On The Dark Side Of Intermediate Structures, John C. Reitz
BYU Law Review
No abstract provided.
Individualisme Et "Communautarisme" En Droit Francais: Ie Cas Des Relations De Travail, Xavier Blanc-Jouvan
Individualisme Et "Communautarisme" En Droit Francais: Ie Cas Des Relations De Travail, Xavier Blanc-Jouvan
BYU Law Review
No abstract provided.
The Need For An American Industrial Policy, Steven C. Earl
The Need For An American Industrial Policy, Steven C. Earl
BYU Law Review
No abstract provided.
Apple Of Gold: Constitutionalism In Israel And The United States, Cynthia A.M. Stroman
Apple Of Gold: Constitutionalism In Israel And The United States, Cynthia A.M. Stroman
Michigan Law Review
A Review of Apple of Gold: Constitutionalism in Israel and the United States by Gary Jeffrey Jacobsohn
Administering Justice In A Consensus-Based Society, Koichiro Fujikura
Administering Justice In A Consensus-Based Society, Koichiro Fujikura
Michigan Law Review
A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley
The Tribunal In Albania, John Paul Jones
The Tribunal In Albania, John Paul Jones
Law Faculty Publications
Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.
Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz
Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz
University of the District of Columbia Law Review
No abstract provided.
From Japan's Death Row To Freedom, Daniel H. Foote
From Japan's Death Row To Freedom, Daniel H. Foote
Washington International Law Journal
In 1975, the Japanese Supreme Court relaxed the standards governing the grant of retrials in criminal cases. Since then four death row inmates have obtained new trials and ultimate vindication through acquittals. The facts of the four cases are compelling: all involved highly publicized murders, rather harsh investigations leading to confessions that the defendants subsequently disavowed, and seemingly routine convictions followed by decades-long struggles by the convicted men to forestall their executions and secure retrials. Each of the men spent over 25 years on death row before the final determination that he had been unjustly convicted. In this article, Professor …
Comparative Law In Perspective, Dan Fenno Henderson
Comparative Law In Perspective, Dan Fenno Henderson
Washington International Law Journal
The use and study of comparative law has grown in scope and in importance—and no more so than in the area of commercial exchange between the United States and Japan. Comparative law is being applied more practically in the Courts; it is an agent of change and of harmonization between different peoples and economies. However, the respective concepts of law and its role in society, as well as the role of language in understanding the law, continue to make the use and study of comparative law a challenge. A real sensitivity to the cultural, structural and conceptual differences in the …
Contract Societies: Japan And The United States Contrasted, Shinichirō Michida, Veronica L. Taylor
Contract Societies: Japan And The United States Contrasted, Shinichirō Michida, Veronica L. Taylor
Washington International Law Journal
This translation of an original Japanese language work by Michida Shinichirō contrasts the differences between the understanding of contractual obligations in the United States and in Japan. The translation cites specific differences between each country's statutes and case law, as well as distinct cultural factors that are important when considering respective understandings of contract in these societies. Translator's Introductory Note: This translation is intended to give readers an introduction to Japanese contract law theory and its operation in that society. Professor Shinichirō Michida was writing for a general audience in Japan, not simply for those with legal training. One of …
Establishing A Stock Corporation In Japan After The 1990 Revision Of The Commercial Code, Bruce W. Maclennan
Establishing A Stock Corporation In Japan After The 1990 Revision Of The Commercial Code, Bruce W. Maclennan
Washington International Law Journal
The most recent revision of the laws governing the incorporation of a kabushiki kaisha—stock corporation—in Japan brought an increased capitalization requirement, made it possible for one person to perform the incorporation, and removed the necessity of having a court-appointed inspector examine certain transactions undertaken in the process of incorporation. Additionally, FECL and Anti-Monopoly Law reporting requirements for inward direct investments have recently been liberalized. These and other revisions designed to increase creditor protection and streamline the process have changed incorporation procedures considerably. This comment examines these statutory changes and describes in detail the process of incorporating a subsidiary of …
Philippine Foreign Investment Efforts: The Foreign Investments Act And The Local Governments Code, John F. Pierce
Philippine Foreign Investment Efforts: The Foreign Investments Act And The Local Governments Code, John F. Pierce
Washington International Law Journal
The Philippine Government's efforts to attract foreign direct investments have been ineffectual, especially when compared with the efforts of its Southeast Asian neighbors. Foreign investment incentive legislation has been relatively ineffectual in attracting the investment the Philippines sought due to the ambiguous and arbitrary execution of its investment laws and policies. The Philippine Judiciary's unsettled attitude toward foreign investment further enhanced the overall impression that the Philippines was not a safe or stable investment host country. The Philippines' most recent legislative attempt to lure foreign investment is the Foreign Investments Act of 1991. The Foreign Investments Act goes much further …
Recent Mexican Arbitration Reform: The Continued Influence Of The "Publicistas", Jeffrey J. Mayer
Recent Mexican Arbitration Reform: The Continued Influence Of The "Publicistas", Jeffrey J. Mayer
University of Miami Law Review
No abstract provided.