Law Commons^™

Hearing On The Foreign Sovereign Immunities Act, Coronavirus, And Addressing China’S Culpability Before The Senate Committee On The Judiciary, Russell A. Miller

Scholarly Articles

There are a number of theories about the Chinese government’s acts or omissions concerning the emergence and world-wide spread of the coronavirus that may be the proximate cause of actionable transboundary harm. All of these theories start with the incontestable fact that the coronavirus outbreak originated in China. One theory is concerned with the conduct of the Chinese government after the health crisis emerged. This “ex post” theory alleges a broad range of acts and omissions that helped transform a local outbreak into a global pandemic. There is room for this theory under the Transboundary Harm Principle. But the “ex …

Is Truth In The Eye Of The Beholder? Objective Credibility Assessment In Refugee Status Determination, Michael Kagan

Scholarly Works

Credibility assessment is often the single most important step in determining whether people seeking protection as refugees can be returned to countries where they say they are in danger of serious human rights violations. Despite its importance, credibility-based decisions in refugee and asylum cases are frequently based on personal judgment that is inconsistent from one adjudicator to the next, unreviewable on appeal, and potentially influenced by cultural misunderstandings. Some of the people who need protection most are especially likely to have trouble convincing decision-makers that they should be believed.

This article sets out principles, standards, and criteria drawn from international …

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 …

Political Developments And Human Rights In The People's Republic Of China, Hungdah Chiu

Congressional Testimony

Hearings before the Subcommittee on Human Rights and International Organizations and the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Affairs, House of Representatives. 99th Congress, 1st Session, 1985.

United States-China Relations 11 Years After The Shanghai Communique, Hungdah Chiu

Congressional Testimony

Hearing before the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Relations, House of Representatives, 98th Congress, 1st Session, 1983.

Taiwan Communiqué And Separation Of Powers, Hungdah Chiu

Congressional Testimony

Hearings Before the United States Senate, Committee on the Judiciary, Subcommittee on Separation of Powers. 97^th Congress, 2^nd Session (September, 1982).

Normalization Of Relations With The People’S Republic Of China: Practical Implications, Hungdah Chiu

Congressional Testimony

Hearings Before the United States House of Representatives, Committee on International Relations, Subcommittee on Asian and Pacific Affairs. 95^th Congress, 1^st Session (September/October, 1977).

Oil And Asian Rivals: Sino-Soviet Conflict; Japan And The Oil Crisis, Hungdah Chiu

Congressional Testimony

Hearings before the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Affairs, House of Representatives. 93rd Congress, 1st and 2nd Sessions. 1974.

International Judicial Assistance And Utah Practice, Gordon A. Christenson

Faculty Articles and Other Publications

This article will undertake to consider the present framework of Utah procedural law in relation to international judicial assistance. It will endeavor to suggest methods of handling problems of personal service, evidence, and proof of foreign law and will seek to point out some dangers along the way.