Law Commons^™

Environmental Protection And Privatization: The Allocation Of Environmental Responsibility And Liability In Sale Transactions Of State-Owned Companies In Poland, Susan S. Cummings

UC Law SF International Law Review

Since 1988, Poland has made considerable progress in privatizing its state-owned enterprises. Among many problems involved in the privatization efforts are the issues of liability for environmental damages. Initially, environmental issues were not a central concern to government officials charged with privatization. But as privatization progressed and Western investors raised legitimate questions regarding allocation of environmental liabilities, the Polish government set out a mechanism for considering environmental issues. For example, the Ministry of Privatization and the Ministry of Environmental Protection created the Inter- Ministerial Environmental Unit to coordinate environmental issues in the context of capital privatization.

This Article provides the …

The Czech Republic And Slovakia: Foreign Participation In Changing Economics, Sarah Andrus

UC Law SF International Law Review

The Czech Republic and Slovakia have rapidly enacted legislation in an effort to create positive investment climates. In 1992, what was then Czechoslovakia, or the Czech and Slovak Federal Republic, enacted a comprehensive Commercial Code. After the country split, the Czech Republic and Slovakia maintained the Commercial Code and since have also improved their taxation systems. This Note explores the evolution of their investment legislation since 1988 and discusses the effect that the separation of the Czech and Slovak Federal Republic has had on investment in the two countries. The Note concludes that although the economies of the Czech Republic …

Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Peace Perspective On The Taiwan United Nations Membership Question, 28 J. Marshall L. Rev. 259 (1994), Walter J. Kendall Iii

UIC Law Review

No abstract provided.

Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl

Scholarly Articles

This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl

Scholarly Articles

Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …

Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl

Scholarly Articles

In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.

La Liberté D'Expression Et La Dignité De La Personne Devant La Cour Suprême Du Canada, Mark A. Drumbl, Ian Lee, Martha Rafuse

Scholarly Articles

Although the principle of human dignity is not expressly recognized in the Canadian Charter of Rights and Freedoms, it cannot be denied that it is an important value which underlies many of the rights and liberties which receive explicit constitutional protection. In this article, the authors examine the manner in which the courts, and in particular the Supreme Court of Canada, have taken this fundamental value into consideration when determining the limits that may be imposed on freedom of expression. The authors suggest that the court's jurisprudence does not reveal a coherent approach to the resolution of conflicts which arise …

Missiles With A Message: The Legality Of The United States Raid On Iraq's Intelligence Headquarters, John Quigley

UC Law SF International Law Review

In this Article, the author questions the legality of the U.S. missile attack on Iraq's intelligence headquarters in response to the alleged Iraqi attempt to assassinate former U.S. President George Bush. The author concludes that the U.N. Security Council abdicated its responsibility when it failed to investigate Iraq's complaint. While the United States, after the attack, asserted it had acted in self-defense, the author argues that the U.N. Charter's definition of self-defense requires that the initial armed attack upon the defending party actually occur against a state. In this instance, a foiled assassination plot is found by the author to …

Are Money Launderers All Washed Up In The Western Hemisphere--The Oas Model Regulations, Phyllis Solomon

UC Law SF International Law Review

The Western Hemisphere is the home of some of the world's largest money laundering centers. The ability to launder profits has played a significant role in the success of drug trafficking in this region. In spite of these facts, many individual countries still lack laws that criminalize crucial aspects of money laundering. Additionally, many countries have stringent bank secrecy laws that enable drug traffickers to easily hide their illegally acquired funds. So long as stringent banking laws exist in some countries, money laundering operations can thrive. This Note analyzes existing international schemes to combat money laundering. The Inter- American Drug …

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

UC Law SF International Law Review

In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.

The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …

Lessons For The European Community From The Indian Experience With Federalism, Shivadev Shastri

UC Law SF International Law Review

As the European Community (EC) moves toward the goal of a unified Europe, it faces the challenge of evolving its institutions to accommodate its vast diversity while providing a foundation upon which a European unity can be fostered. India with a federal system encompassing pluralistic forces as diverse and complex as those of the EC, provides valuable lessons for the EC as the EC embarks upon the road to political and economic union. This Note explores the two different approaches to federalism embodied in EC and Indian efforts. The author compares the institutional features of the two systems, particularly discussing …

Consumer Protection Laws In South America, Robert G. Vaughn

UC Law SF International Law Review

Since 1990, a number of South American countries have adopted comprehensive consumer protection codes. Several more South American countries are currently considering proposals for consumer protection statutes. This Article examines the development of consumer protection provisions in South America and reflects on the reasons giving rise to the recent explosion in such laws. The author evaluates the strengths and weaknesses of various approaches to consumer protection taken by these South American countries. The author argues that the increasing protections for consumers suggests a growing concern for human rights. Finally, the author explores the significance of this rapid growth in South …

Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew

UC Law SF International Law Review

Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …

Rudolf B. Schlesinger: Law Teacher Summa Cum Laude, Ray Forrester

UC Law SF International Law Review

No abstract provided.

Corporatization And Privatization Of State-Owned Enterprises: Some Australian Perspectives, Tony Greenwood, David Williamson, Jim Armitage, Gary Rumble

UC Law SF International Law Review

No abstract provided.

Telecommunications Privatizations: An Overview, Thomas J. Casey, Simone Wu

UC Law SF International Law Review

No abstract provided.

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."

The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton

LLM Theses and Essays

Since World War II new security devices have evolved in both France and the United States. In France, the new device is known as the first demand guarantee. In the United States, it is called standby letter of credit. The underlying market forces which caused these devices to be developed are the same. But the label applied to the devices and the bodies of existing doctrine with respect to which they are formulated is different. In the French view, the difference between the two instruments is just a matter of different labels. But in the American view, the distinction between …

Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson

Faculty Scholarship

This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …

As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune

Michigan Journal of International Law

This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …

The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds

Michigan Journal of International Law

Review of Russian Law: The End of the Soviet System and the Role of Law by F.J.M. Feldbrugge

Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams

Michigan Journal of International Law

Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos

Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman

Michigan Journal of International Law

By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.

The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter

Michigan Journal of International Law

This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.

Incentives For Peace And Profits: Federal Legislation To Encourage U.S. Enterprises To Invest In Arab-Israeli Joint Ventures, Daniel Lubetzky

Michigan Journal of International Law

This article proposes a set of provisions that would encourage U.S. companies and entities to invest in joint ventures with Israeli and Arab partners in the Middle East. The immediate effect of these provisions would be to revive and fortify the economies of that region. The long-term objectives behind the enactment of such incentives would be threefold: (1) to improve the prospects for peace and stability in the Middle East; (2) to enhance the strategic and political standing of the United States in the Middle East; and (3) to increase the long-term international competitiveness of U.S. businesses.

Legislative History And Statutory Interpretation: The Relevance Of English Practice, William S. Jordan Iii

Akron Law Faculty Publications

In this comparative analysis, William S. Jordan III explores the use of legislative history in statutory interpretation by contrasting American judicial practice with the more restrictive approach traditionally followed in English courts. Jordan examines the theoretical underpinnings and practical consequences of both systems, particularly in light of the U.S. judiciary’s reliance on committee reports, floor debates, and other legislative materials to ascertain congressional intent. He critiques the inconsistencies and potential manipulability of legislative history in the U.S. context, while also considering the constraints and clarity offered by the English model, which emphasizes textualism and limits extrinsic evidence. The article ultimately …

The U.N. Convention On International Bills Of Exchange And International Promissory Notes With Some Comparisons With The Former And Revised Article Three Of The Ucc, Daniel E. Murray

University of Miami Inter-American Law Review

No abstract provided.

Debt Collateralization And Business Insolvency: A Review Of The Mexican Legal System, Agustín Berdeja-Prieto

University of Miami Inter-American Law Review

No abstract provided.

An Opportunity For Constitutional Reform In Argentina: Re-Election 1995, Christopher M. Nelson

University of Miami Inter-American Law Review

No abstract provided.