Law Commons^™

Recent Mexican Arbitration Reform: The Continued Influence Of The "Publicistas", Jeffrey J. Mayer

University of Miami Law Review

No abstract provided.

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Can Practice Do Without Theory? Differing Answers In Western Legal Education, Richard Stith

Law Faculty Publications

The demise of the Soviet bureaucratic state and the rebirth of laissez-faire economics worldwide- as well as the scholarship of people such as Richard Rorty- have created a crisis not only for planning but for theory itself. If it still desirable to think thoroughly about what we see and do?

With regard to the study of law, two of the most powerful world culture provide sharply different answers to this question. Legal education in the United States of America is far less theoretical than it is in European nations. The aim of this paper is two-fold: first to summarize briefly …

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy

UIC Law Review

No abstract provided.

Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han

UC Law SF International Law Review

In 1997, one hundred years of British colonial rule will end, and Hong Kong will revert back to the People's Republic of China. At that time, the political, legislative, religious, educational, economic, legal, and social aspects of life in Hong Kong will be governed by the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China." This Article discusses the historical background of Hong Kong and explores some of the troubling issues raised by the adoption of the Basic Law. The Article particularly focuses on the question of whether the main purpose of the Basic …

The Federal Role In Supporting The Arts: Decline In Great Britain, Canada, And The United States, Stephanie M. Cooper

UC Law SF International Law Review

The United States is not alone in its dilemmas with arts funding. Great Britain and Canada also struggle to achieve balanced governmental roles in arts subsidy which allow for artistic freedom without conceding accountability. The three countries take similar approaches to arts funding through an arm's length mechanism that is designed to alleviate undue political influence on the arts. This Note examines both the common and distinct crises in arts funding in Great Britain, Canada, and the United States by exploring the characteristics and flaws of the arm's length principle. The Note then explores each government's efforts to maintain some …

Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young

UC Law SF International Law Review

No abstract provided.

The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross

UC Law SF International Law Review

In the midst of Canada's struggle to redefine federal and provincial sovereignty, the province of British Columbia has proposed a merger of the Federal Court of Canada into the provincial courts. Such a merger would be tantamount to the abolition of the Federal Court. This Article compares the Canadian and U.S. experience with the lower federal courts in an attempt to place into perspective the seemingly radical proposal of eliminating the Federal Court of Canada. The author argues that the Federal Court of Canada does not play an indispensable role in the administration of Canadian federalism. Moreover, the abolition of …

Towards European Union: The Treaty Of Maastricht, Eileen Barrington

University of Miami International and Comparative Law Review

No abstract provided.

European Environmental Law: Before And After Maastricht, Eileen Barrington

University of Miami International and Comparative Law Review

No abstract provided.

The Ec Joint Venture Guidelines: Codification And Cosmetics But No Binding Deadlines, Izzet M. Sinan

University of Miami International and Comparative Law Review

No abstract provided.

The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige

UIC Law Review

No abstract provided.

An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder

UIC Law Review

No abstract provided.

Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel

UIC Law Review

No abstract provided.

How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal

UIC Law Review

No abstract provided.

The Rule Of Law: But Of Which Law - Natural And Positive Law In Post-Communist Transformations, 26 J. Marshall L. Rev. 719 (1993), Igor Grazin

UIC Law Review

No abstract provided.

Further Thoughts On The Rule Of Law And A New World Order, 26 J. Marshall L. Rev. 739 (1993), Paul B. Stephan Iii

UIC Law Review

No abstract provided.

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.

Illiteracy, Disempowerment And Injustice: How The Ontario Human Rights Code Can Protect Persons With Low Literacy Skills, Mark Anthony Drumbl

Scholarly Articles

For too long individuals with low literacy skills have been viewed as "illiterates" living on the margins of society, unable to function as well as their "literate" counterparts. In reality, the one third of all Canadians who have weak literacy skills perform vital roles in society and deserve not to be discriminated against in political employment and contractual situations.

Accordingly, the author suggests that discrimination against individuals with low literacy skills be prohibited by the creation of a new ground in the Ontario Human Rights Code entitled "lack of proficiency in English or French". The author canvasses the ability of …

Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth

Penn State International Law Review (1982 - 2011)

No abstract provided.

Pudong: Another Special Economic Zone In China?-An Analysis Of The Special Regulations And Policy For Shanghai's Pudong New Area, Bin Xue Sang

Northwestern Journal of International Law & Business

The Open Door Policy instituted in the late 1970s marked the beginning of economic reform in the People's Republic of China ("China"). Leading these reforms was the establishment of five special economic zones i and the opening of fourteen coastal cities.2 These special economic zones ("SEZs") and coastal cities, located along the east coast of China, serve as "windows" to attract foreign investment and technology.' So far, each of the five SEZs and the fourteen coastal cities has been successful in achieving these goals.

Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas

Northwestern Journal of International Law & Business

This article describes and analyzes the reforms to the Federal Code of Civil Procedure in the following four areas: (1) application and proof of foreign law; (2) processing of letters rogatory; (3) international cooperation for the taking of evidence, and (4)enforcement of foreign judgments. The first part offers an overview and commentary on the very few provisions Mexico had enacted in the area of international procedural cooperation prior to the 1988 reform. Part two explores the legislative history of the 1988 amendments, emphasizing the objective and purpose of the legislative bills submitted to Congress by the President of Mexico. The …

Regulation Of Professionals In The European Community, Betty Blanco, Susan Dolan

University of Miami International and Comparative Law Review

No abstract provided.

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …

Nihon-Hastings Conference: Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.

Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox

UC Law SF International Law Review

U.S. mandatory disclosure requirements are far more demanding in breadth and detail than those of Japan. However, as this Article suggests, a good deal of diversity, and even laxity, can coexist within mutually agreed upon principles for fair competitive regulation. This Article attempts to provide a framework for efficient regulatory competition between the two countries' markets by focusing on "managerial opportunism"!-an expression identifying a wide range of possible concerns that may influence an issuer's choice among markets. The author suggests appropriate measures for disclosure could minimize differences between securities markets, and as a result minimize the role managerial opportunism plays …

Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort

UC Law SF International Law Review

The principal antifraud provision of securities law in the United States is rule lOb-5. Fraud consists of either a material misstatement reasonably calculated to influence the investing public or silence when an independent duty to speak arises because of prior conduct or a pre-existing fiduciary duty. Judicial theories pursuant to this rule such as the "abstain or disclose" theory and the "misappropriation" theory constitute the major part of U.S. insider trading law. The author contends that the two main tests used to determine when rule lOb-5 rule is applicable, the "effects test" and the "conduct test," are too broad and …

Transnational Investment By Institutions, David L. Ratner

UC Law SF International Law Review

In recent years two significant trends have occurred in securities markets-institutionalization and internationalization. This Article discusses the interaction of these two trends. In particular, the Article explores the effect of current regulatory structures on institutional investment in foreign securities markets. Other factors which may inhibit foreign investment such as tax concerns, disclosure requirements, and liquidity concerns are also discussed.