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Articles 11611 - 11640 of 14134

Full-Text Articles in Law

French And American Judicial Opinions, Michael Wells Jan 1994

French And American Judicial Opinions, Michael Wells

Scholarly Works

In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …

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The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French Jan 1994

The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.

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Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann Jan 1994

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …

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The Importance Of 'Nutshells', Alan Watson Jan 1994

The Importance Of 'Nutshells', Alan Watson

Scholarly Works

In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …

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International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams Jan 1994

International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers Jan 1994

The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers

Journal Articles

What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …

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The Forgotten Link: Control In Section 482, Wayne M. Gazur Jan 1994

The Forgotten Link: Control In Section 482, Wayne M. Gazur

Publications

The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.

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Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala Jan 1994

Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala

Faculty Publications

Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …

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The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee Jan 1994

The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.

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Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd Nov 1993

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.

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Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad

WBIP Creation Up To 1993

No abstract provided.

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Nov. 1993, Eurodad, Third World Debt In The 1900s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1900s, Eurodad

WBIP Creation Up To 1993

No abstract provided.

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Selected Writings, F. V. Garcia Amador Oct 1993

Selected Writings, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

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Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg Oct 1993

Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg

University of Miami Inter-American Law Review

No abstract provided.

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White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling Oct 1993

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.

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In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn Oct 1993

In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

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The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle Oct 1993

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.

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Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand Oct 1993

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand

University of Michigan Journal of Law Reform

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.

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Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts Oct 1993

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts

Cardozo Law Review

Over the past few years public law debates have invariably focused on the relative significance of legal institutions as expressed in formal legislative and administrative structures versus everyday politics in the resolution of policy questions. This emphasis has been particularly evident in the examination of the appropriate structure and distribution of responsibility for administrative decision making, in general, and presidential authority versus agency autonomy, in particular.

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Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston Sep 1993

Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston

WBIP Creation Up To 1993

No abstract provided.

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Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd Sep 1993

Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd

WBIP Creation Up To 1993

No abstract provided.

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September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson Sep 1993

September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson

WBIP Creation Up To 1993

No abstract provided.

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Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow Sep 1993

Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow

WBIP Creation Up To 1993

No abstract provided.

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Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve The Efficacy Of The Mdbs, Daniel Bradlow Sep 1993

Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve The Efficacy Of The Mdbs, Daniel Bradlow

WBIP Creation Up To 1993

No abstract provided.

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Sept. 16, 1993, T. Thahane, Vp & Secretary, Summary Of Discussion Of Aug 26 And 27 Mtg Of The Whole, T. Thahane Sep 1993

Sept. 16, 1993, T. Thahane, Vp & Secretary, Summary Of Discussion Of Aug 26 And 27 Mtg Of The Whole, T. Thahane

WBIP Creation Up To 1993

No abstract provided.

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Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman Sep 1993

Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond Sep 1993

Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight Sep 1993

The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight

BYU Law Review

No abstract provided.

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Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell Sep 1993

Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell

BYU Law Review

No abstract provided.

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Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd Aug 1993

Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.

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