Law Commons^™

A Response To Elliot Richardson - Institutions, Developing Countries And Function, 25 J. Marshall L. Rev. 13 (1991), Daniel B. Magraw Jr.

UIC Law Review

No abstract provided.

The Restoration Of Democracy And Environmental Law In Argentina, Daniel Horacio Lago

University of Miami International and Comparative Law Review

No abstract provided.

The International Court Of Justice And The Standing Of Corporate Shareholders Under International Law: Elettronica Sicula V. Raytheon (U.S. V. Italy), Alexander Palenzuela-Mauri

University of Miami International and Comparative Law Review

No abstract provided.

Perú'S New Investment Laws: Privatization And Foreign Investment Statutes, José Daniel Amado

University of Miami International and Comparative Law Review

No abstract provided.

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.

Confessions And The Right To Silence In Japan, Daniel H. Foote

Articles

In several highly-publicized recent cases in Japan, individuals convicted of murder and sentenced to death were acquitted in retrials obtained after decades on death row. These so-called "death penalty retrial cases'" generated great controversy and considerable reflection about the criminal justice system in Japan. A central, substantive issue presented by these cases relates to the procurement and use of confessions; each of these cases-and several other major recent Japanese cases in which defendants have been acquitted following bitterly contested trials-turned on the validity of repudiated confessions.

Consequently, much recent commentary has focussed on conf essions and related issues. Not surprisingly, …

Nōryoku Shōgai Wo Motsu Amerikajin Ni Kansuru Hōritsu (Ada) To Amerikahō Ni Okeru Sabetsu No Gainen [The Americans With Disabilities Act And Concepts Of Discrimination In U.S. Law], Daniel H. Foote

Articles

Paradoxical as it may seem, Title I of the Americans with Disabilities Act (hereinafter, "ADA"), which deals with employment of the disabled, at one and_ the same time represents only a gradual advance over existing law and a pathbreaking new statute with far-reaching implications. On the one hand, the ADA merely builds on the foundations laid in the Rehabilitation Act of 1973, with the key provisions of the ADA closely parallelling approaches taken in the Rehabilitation Act and regulations implementing it. On the other hand, the ADA vastly expands the coverage of the Rehabilitation Act, thereby establishing that integration of …

Computer Software As Articles Of Commerce In International Trade: The Surprising Study Of Singapore's Software Subsidies, 4 Software L.J. 399 (1991), Lawrence M. Friedman, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans

Michigan Journal of International Law

What role these rights and obligations could have played is the central theme of this article. However, in view of the enormous complexity of the problems involved, this article can do no more than provide a general overview. Sections II through VII will first sketch the outlines of the rights and obligations confronting the two German States before unification. Section VIII will compare those outlines to the actual political outcome of the unification process. The former six Sections will explore a number of different contexts in which legal rights and obligations could have been found.

Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek

Michigan Journal of International Law

This essay addresses three issues. The author first describes the major features of the previous Polish industrial relations system which caused it to be undemocratic. He then presents arguments justifying the need for a democracy in industrial relations in Poland. Second, the indispensable premises and elements of three basic democratic institutions of industrial relations are identified: trade union freedom, collective bargaining and the right to strike. These elements were selected for analysis on the basis of international legal instruments, in particular, conventions of the International Labor Organization ("ILO"), as well as U.S. and West European labor legislation. The author then …

The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová

Michigan Journal of International Law

This article deals with four issues: (1) The effort of the International Law Commission of the United Nations to codify jurisdictional immunity. (2) The theoretical and practical Czechoslovak approach toward the institution of jurisdictional immunity of States and the Draft Convention, and a prediction of possible change of the Czechoslovak view. (3) The changing views of East European scholars. (4) An analysis of particular provisions of the Draft Convention with respect to their acceptability by States with different socioeconomic systems and especially by Czechoslovakia.

Renegotiating Transnational Investment Agreements: Lessons For Develping Countries From The Ghana-Valco Experience, Paul Kuruk

Michigan Journal of International Law

This article describes the use of the renegotiation process to resolve problems that arise in the relations between participants in transnational investment. It draws conclusions from the successful renegotiation of an agreement executed in 1962 under which the Ghanaian government guaranteed bauxite and hydroelectric power supplies to support the smelting operations of the Volta Aluminium Company, Limited (Valco) in return for revenues from taxes and from payments for electricity, water, and use of the country's port facilities. The agreement between Ghana and Valco was entered into as part of the Volta River Project (VRP). This project was an investment scheme …

German Unification: Constitutional And International Implications, Albrecht Randelzhofer

Michigan Journal of International Law

A discussion about the legal problems of German unification, taking into account the realms of German constitutional law, public international law, and the law of the European Communities.

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

Comparative Constitutional Fundamentals, Richard Kay

Faculty Articles and Papers

No abstract provided.

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.

The Convergence Of Law In An Era Of Political Integration: The Wood Pulp Case And The Alcoa Doctrine, James J. Friedberg

Faculty & Staff Scholarship

No abstract provided.

No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger

UC Law SF International Law Review

One of the primary purposes of the automobile liability insurance system is to provide compensation to people injured in automobile accidents. Many experts agree that the traditional liability system has failed to adequately perform this function. California has been particularly affected by the failure of the traditional liability insurance system. This Note describes how no-fault automobile insurance improves on the liability insurance system and how it solves some of the system's biggest problems. This Note also analyzes two no-fault systems, that of Quebec and that of New York, and proposes a no-fault system for California.

A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck

UC Law SF International Law Review

Japan has employed heavy tax preferences for capital gains as part of a spectacularly successful national policy of encouraging capital formation and economic growth. The United States, in contrast, brought an end to sixty-five years of capital gains preferences with the Tax Reform Act of 1986. A very limited cut was enacted in 1990. However, President George Bush has made further reductions in the capital gains tax a central goal of his administration. This Note analyzes the experience of both nations and examines the effects of capital gains taxation on economic efficiency, levels of national investment, the politics of income …

Environmental Protection In Post-Socialist Eastern Europe: The Polish Example, Julian Conrad Juergensmeyer, Michael Kulesza, Ewa Gmurzynska

UC Law SF International Law Review

Political and governmental changes in Eastern Europe have brought about an information explosion concerning the extent of environmental degradation in those countries. Poland is an example of Eastern Europe's pursuit of rapid industrialization to the detriment of the environment. This Article describes the severe air and water pollution problems in Poland. The authors discuss the environmental laws which existed under the communist government and the proposed Draft Law, and recommend changes to bring Poland's environmental law more in line with the laws of Western Europe.

Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray

UC Law SF International Law Review

No abstract provided.

Nihon-Hastings Conference--Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.

Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui

UC Law SF International Law Review

There have been many new developments in Japanese securities law in the last few years. The author reviews some of the most important of these developments, including the movement to allow banks to participate in the securities business and new regulations pertaining to insider trading and disclosure. The author describes the substance of these new developments and analyzes the potential and actual effects of each of them.

Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller

Articles

Our word law is a loanword from Old Norse.1 It makes its earliest appearances in Old English manuscripts in the late tenth century. At that time the Old English word for law was, believe it or not, æ, written as a digraph called "ash." Now most readers, myself included, tend to experience anxiety when we confront a ligatured vowel like ae and so we untie it as a prelude to getting rid of it altogether: we turn an aesthete2 into an aesthete before finally humiliating him (or her) as an esthete, all to resolve our nervousness. King Æthelred the Unready …

Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Energy for development utilizing traditional supply investments, estimated to cost $1.4 - $4 trillion through 2010, will be unaffordable both for recipients and lenders. The capital required, even if obtainable, would squeeze out capital for all other development requirements and would pose unacceptable environmental and cleanup costs. Upgrading existing energy supply systems would cost a fraction of new supply. Energy efficiency and environmentally benign renewables can at least halve new supply capital requirements and avoid their environmental costs. Least cost planning by lenders and recipients, on the basis of total system life cycle costs, for both energy and non-energy related …

The Expert In U.S. And German Patent Litigation, James Maxeiner

All Faculty Scholarship

The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment …

An International Lawyer Takes Stock, Sir Robert Y. Jennings

University of Miami International and Comparative Law Review

No abstract provided.

Legal Aspects Of Cinematographic Production And Coproduction In Italy, Vincenzo Sinisi, Cameron Mccracken

University of Miami International and Comparative Law Review

No abstract provided.

Counsel, Consul, Or Diplomat: Is There Any Practical Significance For Practitioners?, Cami Green

University of Miami International and Comparative Law Review

No abstract provided.

A Report On Countertrade, Christopher Kerres

University of Miami International and Comparative Law Review

No abstract provided.