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Articles 11881 - 11910 of 14134

Full-Text Articles in Law

Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski Jan 1992

Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski

Faculty Scholarship

Most recent studies of privatization in Eastern Europe focus on its impact on individual enterprises. In our previous work, we examined this issue from the viewpoint of the future corporate governance structure in Eastern Europe. The aggregate effects of privatization have been largely neglected, perhaps on the assumption that they have no particular bearing on how privatization is to be effected at the enterprise level. It is very important, however, to link the discussion of the various approaches to large-scale privatization with a consideration of other obstacles in the transition to a market economy. These obstacles, which include the weakness …

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June Starr's Law As Metaphor: From Islamic Courts To The Palace Of Justice (Book Review), David M. Engel Jan 1992

June Starr's Law As Metaphor: From Islamic Courts To The Palace Of Justice (Book Review), David M. Engel

Book Reviews

No abstract provided.

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Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek Jan 1992

Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek

Michigan Journal of International Law

This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …

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International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick Jan 1992

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …

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Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley Jan 1992

Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley

Michigan Journal of International Law

The one-party systems in Africa have drawn negative reactions from Western States that provide economic aid. The article assesses the one-party system in light of international human rights law and asks whether aid-giving States must consider whether one-party rule in recipient States violates international standards. In this connection, the article asks whether the rights of association and political freedom as developed in Europe can fairly be applied to Africa, given its historical experience.

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Judicial Review Of The Compensation Law In Hungary, Peter Paczolay Jan 1992

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.

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Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty Jan 1992

Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

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Public Employment Law And The Transition To Democracy In Chile, Robert G. Vaughn Jan 1992

Public Employment Law And The Transition To Democracy In Chile, Robert G. Vaughn

University of Miami Inter-American Law Review

No abstract provided.

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The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul Jan 1992

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.

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Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen Jan 1992

Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen

Michigan Journal of International Law

This Note offers an alternative perspective on international human rights that seeks to bypass the dead-end universalist-cultural relativist debate, and proposes a concept of human rights that is harmonious with the modern collectivist and socialist Chinese order. Since human rights protect dignity, this study finds the source of human dignity in China in society, not in nature. This analysis opens the door to the development of a meaningful set of guaranteed individual rights for a socialist state and a Confucian order.

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A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle Jan 1992

A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle

Michigan Journal of International Law

This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.

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Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby Jan 1992

Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby

UC Law SF International Law Review

Predatory pricing occurs when a firm lowers its prices so that its competitors will lose business. When the competition leaves the market, the predatory firm can raise its prices beyond the levels of a competitive market. Predatory pricing is a violation of the antitrust laws of both the United States and the EC. This Note examines the standards used to determine whether a firm is engaged in predatory pricing in the U.S. and the EC. The author criticizes the approach taken by the U.S. Supreme Court and recommends the adoption of the EC standard.

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Criminalizing The Sexual Transmission Of Hiv: An International Analysis, Thomas W. Tierney Jan 1992

Criminalizing The Sexual Transmission Of Hiv: An International Analysis, Thomas W. Tierney

UC Law SF International Law Review

Public health authorities and legislators are concerned that HIV infected individuals may deliberately engage in behavior that exposes others to the virus. Some feel that governments should impose criminal sanctions against such individuals. This Note compares criminal laws relating to HIV transmission in the United States, Great Britain, Australia, and New Zealand. The author concludes that the traditional criminal approach is inappropriate for dealing with conduct capable of transmitting HIV. Finally, the Note proposes elements for a special HIV-specific criminal statute that takes into account the unique characteristics of this disease.

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United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano Jan 1992

United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano

UC Law SF International Law Review

The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.

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The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint Jan 1992

The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint

UC Law SF International Law Review

Cases on political speech in different constitutional systems may illuminate important presuppositions of those systems. Pursuing this theme, this Article compares decisions on flag desecration in the United States and the Federal Republic of Germany. In the United States, where protection aginst seditious libel has been rejected as a legitimate governmental interest, arguments for penalizing flag desecration must assert implausible governmental interests. In contrast, the German Constitutional Court frankly acknowledges that the state may sometimes penalize flag desecration to avoid the impairment of governmental authority. In conclusion the author questions whether the German doctrine, which may have been justifiable in …

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Foreword: The Constitution Of Responsibility, Steven G. Calabresi, Gary S. Lawson Jan 1992

Foreword: The Constitution Of Responsibility, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

The American legal academy is decidedly nationalistic. Comparative law tends to be a minor part of the law school curriculum, and discussion of alternative legal systems almost never finds its way into mainstream courses like constitutional law. As a result, much that is distinctive about American constitutionalism, and the American legal system in general, is often taken for granted. The federal Constitution, for example, says much about governmental structure, power, and limitations, but virtually nothing about the obligations of citizens to one another or to the government.' This feature of the American Constitution starkly sets it apart from many of …

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Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette Jan 1992

Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette

Articles

The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …

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Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power Jan 1992

Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power

Faculty Scholarship

Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …

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Foreword: O Canada, William W. Van Alstyne Jan 1992

Foreword: O Canada, William W. Van Alstyne

Faculty Publications

This forward, written ten years after the adoption of the Constitution of Canada, draws sharp comparisons between Canada’s constitution and the United States’ original governing document, the Articles of Confederation.

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The Canadian Constitution And The Dangers Of Establishment, Richard Kay Jan 1992

The Canadian Constitution And The Dangers Of Establishment, Richard Kay

Faculty Articles and Papers

No abstract provided.

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The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii Jan 1992

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford Jan 1992

Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford

Penn State International Law Review (1982 - 2011)

No abstract provided.

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A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su Jan 1992

A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su

LLM Theses and Essays

Due to the rapid industrialization and commercialization of Taiwan’s economy, many of Taiwan’s old laws regulating economic activity have been rendered obsolete. The lack of proper regulation of modern economic activities has led to the formation of many monopolies and oligopolies in Taiwan which practice price-fixing and output restrictions. The Taiwanese government has responded to this problem with a new antitrust statute, known as the Fair Trade Law (FTL), and a draft FTL was formally adopted in 1986. The strengths and weaknesses of the draft FTL are analyzed with regards to monopolies and oligopolies, mergers and combinations, and concerted actions. …

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Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang Jan 1992

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …

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Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson Jan 1992

Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson

Scholarly Articles

When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …

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An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland Jan 1992

An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland

Cardozo Journal of International and Comparative Law

The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …

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Privatization And Economic Rights In Central Europe, Robert Jystad Jan 1992

Privatization And Economic Rights In Central Europe, Robert Jystad

Cardozo Journal of International and Comparative Law

The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …

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The State Rebuilding Civil Society: Constitutionalism And The Post-Communist Paradox, Ethan Klingsberg Jan 1992

The State Rebuilding Civil Society: Constitutionalism And The Post-Communist Paradox, Ethan Klingsberg

Michigan Journal of International Law

Part I of this article provides an overview of trends in the intellectual history of civil society theory in the West. Since the rejection of the classical notion of a unified State and civil society, Western commentators have focused their analyses on State action's effect upon modern civil society. In reaction to the dangers of State co-optation of civil society's autonomy, social critics have proposed a range of solutions, such as limitations on State power to interfere in areas like property rights and the assumption of power by a universal class. Part II reviews Soviet bloc dissidents' contributions to civil …

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Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter Jan 1992

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter

Michigan Journal of International Law

This article surveys the environmental law reforms taking place throughout the region and some of the important issues surrounding these reforms. Two caveats to this approach should be highlighted at the outset. First, information from the region is still somewhat incomplete. Precise translations of laws, in particular, are not always available. This article can provide only a general guide to legislative and regulatory trends in the region and should not form the basis for specific action or decisions. Second, every country in the region is different, with its own complexities. Despite our failure to resist the temptation to generalize about …

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Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein Jan 1992

Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein

Michigan Journal of International Law

This essay is a part of a broader study entitled "Post-communist Constitution-making: Confessions of a Comparatist" which focuses on Czechoslovakia.

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