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Articles 11791 - 11820 of 14134
Full-Text Articles in Law
Comparative Analysis Of Concurrent Powers In The United States And In The European Community, Sandrine N. Darrouzet
Comparative Analysis Of Concurrent Powers In The United States And In The European Community, Sandrine N. Darrouzet
LLM Theses and Essays
This thesis investigates the internal concurrent powers through tax and trade of the European Union with a comparative analysis to the American system and decision-making process. The thesis starts with an analysis of the roots of concurrent powers in the United States and in Europe. Then, with the subjects of tax and trade, it will determine the nature of concurrent powers. The final part examines the possible solutions to limit the scope of concurrent powers. The thesis also includes a special analysis of Article 3B of the Treaty on European Union which focuses on limits of power conferred upon the …
Legal Instruments Enabling Cooperation Between Enterprises: A Study On The European Economic Interest Grouping With A Comparative Perspective On American Law, Vincent Mignon
LLM Theses and Essays
The purpose of this study is to examine and evaluate some of the most pertinent legal issues raised by the European Economic Interest Grouping. This study identifies some important unresolved problems pertaining to the EEIG, and propose tentative solutions, and examine the value that an instrument like the EEIG might have for the development similar structures under American law. The analysis aims to determine whether there is a need in American law for a specific legal instrument aimed at fostering cooperation among enterprises.
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Journal Articles
The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Northwestern Journal of International Law & Business
It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Northwestern Journal of International Law & Business
Most brokerage problems are traceable to the troubled history of freight brokers, which has been a constant struggle between regulation and deregulation. Arguably, brokers have been subjected to more extremist regulation than any other industry during the last fifty years. The pattern of extremism began when Congress imposed massive regulations on freight brokers as part of the Motor Carrier Act of 1935. The 1935 regulations completely stifled the U.S. brokerage industry. Forty-five years later, Congress moved to the other regulatory extreme when it passed the Motor Carrier Act of 1980,6 which virtually deregulated the brokerage industry The eased entry controls …
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Northwestern Journal of International Law & Business
Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …
Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint
Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint
Cardozo Law Review
No abstract provided.
Hermeneutics And Constitutional Interpretation, Aharon Barak
Hermeneutics And Constitutional Interpretation, Aharon Barak
Cardozo Law Review
No abstract provided.
European Integration: Beyond 1992, Lloyd Bonfield
European Integration: Beyond 1992, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski
Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Scholarly Articles
The article consists of two parts. The first is the update of constitutional transformation in the region experiencing the retreat from communism. The organization of this part requires some explanation. The part breaks down into two separate chapters on constitution-drafting in former Soviet Republics and in the new democracies of East-Central Europe. As the former Soviet republics existed within the same statehood until the end of 1991, it seemed appropriate to assemble comments on political developments in the former U.S.S.R in one subchapter examining the end of Gorbachev's era and the process of the establishment of the Commonwealth of Independent …
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Revolution And Constitutionalism In America, David A.J. Richards
Revolution And Constitutionalism In America, David A.J. Richards
Cardozo Law Review
No abstract provided.
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches
Publications
No abstract provided.
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Investment Companies As Guardian Shareholders: The Place Of The Msic In The Corporate Governance Debate, Ronald J. Gilson, Reinier Kraakman
Investment Companies As Guardian Shareholders: The Place Of The Msic In The Corporate Governance Debate, Ronald J. Gilson, Reinier Kraakman
Faculty Scholarship
Comparative corporate governance is both necessary and hard. Recent scholarship has identified the political and historical contingency of the American pattern of corporate governance. The Berle-Means corporation, with its separation of management and risk bearing and the attendant agency conflict between managers and shareholders, is now widely recognized as being as much a creature of the American pattern of law and politics as the handiwork of neutral market forces. This recognition underscores the need to place the American experience in a comparative perspective. Other patterns of corporate governance can provide both insights into the operation of our own and a …
Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg
Conflicts Of Copyright Ownership Between Authors And Owners Of Original Artworks: An Essay In Comparative And International Private Law, Jane C. Ginsburg
Faculty Scholarship
Most, if not all, copyright laws distinguish between ownership of the incorporeal copyright, and ownership of chattels. A generally-accepted corollary holds that alienation of the chattel that constitutes the material form of a copyrighted work does not carry the copyright with it. Applying this principle to works of the visual arts, it should be clear that sale of a painting, even if it is the only "copy" of a work, is not a transfer of the exclusive rights under copyright to reproduce the work or to create derivative works based on the painting. Similarly, ownership of the copyright confers no …
British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel
British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel
All Faculty Scholarship
No abstract provided.
Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Scholarly Articles
Not available.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
University of Miami Inter-American Law Review
No abstract provided.
Antitrust In Latin America: Regulating Government And Business, Malcolm B. Coate, René Bustamante, A. E. Rodriguez
Antitrust In Latin America: Regulating Government And Business, Malcolm B. Coate, René Bustamante, A. E. Rodriguez
University of Miami Inter-American Law Review
No abstract provided.
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey
Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey
University of Miami Inter-American Law Review
No abstract provided.
Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar
Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar
University of Miami Inter-American Law Review
No abstract provided.
A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein
A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Bar Association: Resolutions Of The Xxix Conference
Inter-American Bar Association: Resolutions Of The Xxix Conference
University of Miami Inter-American Law Review
No abstract provided.
Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós
Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós
William & Mary Bill of Rights Journal
No abstract provided.