Law Commons^™

Mexican Privatization: The Country Prepares For Full Fledge Capitalism, Barry S. Featherman

University of Miami International and Comparative Law Review

No abstract provided.

Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas

University of Miami International and Comparative Law Review

No abstract provided.

The Protection Of Property Rights In The Inter-American System: Banco De Lima Shareholders V. Perú, Victor Marroquín-Merino

University of Miami International and Comparative Law Review

No abstract provided.

Extraterritorial Application Of United States Antitrust Laws: Minimizing The Conflicts , Kevin R. Roberts

University of Miami International and Comparative Law Review

No abstract provided.

Brief Developments In Foreign Law

University of Miami International and Comparative Law Review

No abstract provided.

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.

Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes

Journal Articles

England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …

German Constitutionalism: A Prolegomenon, Donald P. Kommers

Journal Articles

This essay sets out to describe the main features of German constitutionalism, and it concludes by drawing some comparisons with the United States. The term "constitutionalism," however, suffers from the vice of vagueness. As Gerhard Casper has written, "it is neither clearly prescriptive nor clearly descriptive; its contours are difficult to discern; its historical roots are diverse and uncertain." Any attempt to explore the contours and roots of German constitutionalism in the global sense suggested by Casper's comment would be a major undertaking extending far beyond the limits of this study. As used here the term shall be limited to …

Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan

LLM Theses and Essays

The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …

The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels

LLM Theses and Essays

Part I of this thesis will describe the regulation of medical devices in the EEC. Before coming to the actual medical device legislation, a description of the legislative system in Europe will be given, to the extent that it is relevant for the Directives on medical devices. After dealing with the history of Directives and their current contents, the status of the Directives and their future prospects will be discussed. Part II will deal with the regulation of medical devices in the United States under the Food Drug & Cosmetic Act as amended by Medical Device Amendments of 1976. First, …

A Comparison Of Civil Procedure Practices In Products Liability Actions Between The United States And Japan: Underlying Reasons For Basic Differences, Akio Hayashi

LLM Theses and Essays

Both the U.S. and Japan are highly industrialized countries and many of the same products are used in both countries. So, why is there such a large difference in the number of products liability suits filed?

The present work explores the differences in the American and Japanese legal systems with a focus on products liability claims. The conclusion will show that it is the difference in the two countries applicable civil procedures that explain the disparity in suits.

The Integration Of Securities Regulation In Europe, The Interpenetration Of National Securities Markets And The Protection Of Investors: The Case For A European Securities And Exchange Commission, Karim Dh Suratgar

LLM Theses and Essays

This thesis examines the integration of securities regulation in Europe, focusing on the interpenetration of national securities markets and the protection of investors. It argues for the establishment of a European Securities and Exchange Commission (ESEC) to oversee this integration. The paper discusses the European Community’s efforts to establish a community-wide financial market by 1992 as part of its drive for a unified ‘Single Market’. It also highlights the challenges and risks of financial integration, emphasizing the need for investor protection. The thesis concludes that a unified European financial market offers significant opportunities for growth and profit but requires adequate …

Contemporary Issues In Purchase Money Security Interests - Applications To Israeli Law?, Eyal S. Price

LLM Theses and Essays

This LL.M. thesis provides a comparative analysis of purchase money security interests under United States and Israeli law, tracing the doctrine's development in both America (from nineteenth-century American case law through its codification in Article 9 of the Uniform Commercial Code) and Israel (from its first recognition in Bank Leumi Ltd. v. Anglo-Palestine Bank through its adoption into section 169(d) of the Israeli Companies Ordinance in 1989). The work examines the historical emergence of purchase money priority, analyzes the economic rationales underlying the doctrine, and addresses key legal requirements including the "enabling" and "use in fact" requirements along with the …

1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner

All Faculty Scholarship

Shows how the key points Roscoe Pound made in his famous law reform address point to foreign law study for future reform.

The Substantial Identity Rule Under The Japanese Novelty Standard, Toshiko Takenaka

Articles

This article compares the novelty standard under Japanese patent law with the novelty standard under American patent law. This article first explains the structure of the novelty and inventive step provisions under Japanese patent law and examines the interpretation and basic legal theories of these provisions. The inventive step standard developed out of the novelty standard. Thus, to understand the inventive step standard, it is necessary to understand the novelty standard.

Next, this article discusses the unique features of the Japanese novelty standard. The strict novelty requirements of the patent laws of the United States and European countries are contrasted …

United States And European Community Antidumping Law: Similarities And Differences, Patrick F.J. Macrory, Edwin Vermulst, Paul Waer

University of Miami International and Comparative Law Review

No abstract provided.

The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon

Michigan Journal of International Law

Since the outbreak of the international debt crisis at the beginning of the 1980s, debtor countries have reached a series of agreements with private creditor banks, with the aim of reducing the financial strain on the debtor countries and enabling them to service their debts. Long-term extensions of maturities are a central aspect of many of these arrangements. Included in the restructurings are all the medium- and long-term claims of the creditor banks, often short-term trade credits and interbank lines, and, in individual cases such as the restructuring of the debts of Poland, Yugoslavia, Costa Rica, and some African States, …

Paris, The City Of Arbitration?, Pierre Bellet

University of Miami International and Comparative Law Review

No abstract provided.

Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng

University of Miami International and Comparative Law Review

No abstract provided.

Foreign Language Trademarks In Japan: The Linguistic Challenge, Rosalynn Frank

University of Miami International and Comparative Law Review

No abstract provided.

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Compromising On Abortion, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch

Faculty Scholarship

To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …

Searching For A New Constitutional Model For East-Central Europe, Rett R. Ludwikowski

Scholarly Articles

The purpose of this Article is to review the constitutional traditions of the East-Central European states with emphasis on their liberal and democratic attributes. The Article will also examine the common core of the socialist constitutions and analyze the current constitutional development in the Soviet Union and in the two Central European countries most advanced in the process of constitutional transformation, Poland and Hungary. Finally, it will supply observations on the process of forming a new constitutional model in East-Central Europe.

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Faculty Scholarship

This article addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. The article argues that the international attempts to harmonize information practice standards and the national efforts to regulate information processing encourage divergence of national standards for financial services. It argues that regulatory flexibility and customization is …

French Insider Trading Law: A Survey, Robert B. Irving

University of Miami Inter-American Law Review

No abstract provided.

The Success Of Constitutionalism In The United States And Its Failure In Latin America: An Explanation, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger

Faculty Works

The police interrogation process has been a subject of controversy in both Great Britain and the United States. The debate has focused on how to regulate the police and thereby balance the public interest in crime control against the individual interest in freedom from state coercion. In the U.S regulation of the police interrogation process has largely been the result of U.S. Supreme Court interpretations of the self-incrimination privilege of the Fifth Amendment of the U.S. Constitution. In contrast, in Great Britain police interrogation controls have been enacted by Parliament in the Police and Criminal Evidence Act (PACE), supplemented by …

Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger

University of Michigan Journal of Law Reform

Part I provides an overview of the development of British confession law, including the changes under PACE. Part II examines PACE's impact on related subjects, such as detention conditions, access to legal advice, and waiver of the right of access to a solicitor. Finally, Part III suggests that the British experience in developing a statutory framework to regulate these issues can serve as a model for undertaking such reforms in the United States.