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Articles 1 - 30 of 72
Full-Text Articles in Law
Verlinden B.V. V. Central Bank Of Nigeria: Expanding Jurisdiction Under The Foreign Sovereign Immunities Act, Patricia E. Bergum
Verlinden B.V. V. Central Bank Of Nigeria: Expanding Jurisdiction Under The Foreign Sovereign Immunities Act, Patricia E. Bergum
Northwestern Journal of International Law & Business
In 1976 Congress enacted the Foreign Sovereign Immunities Act' to clarify the law surrounding actions in United States federal courts against foreign states. Congress intended to establish "the sole and ex- clusive standards to be used in resolving questions of sovereign immu- nity" The Act provides comprehensive guidelines on when and how a party can bring suit against a foreign state. By contrast, Verlinden B. V v. Central Bank of Nigeria addresses who can bring suit under the Act. In Verlinden, the Supreme Court interpreted the Act to enable not only domestic plaintiffs, but also foreign plaintiffs, to sue foreign …
Types Of Consensus In Public Evaluations Of Crime: An Illustration Of Strategies For Measuring Consensus, Terance D. Miethe
Types Of Consensus In Public Evaluations Of Crime: An Illustration Of Strategies For Measuring Consensus, Terance D. Miethe
Journal of Criminal Law and Criminology
No abstract provided.
Differential Sentencing Patterns Among Felony Sex Offenders And Non-Sex Offenders, Anthony Walsh
Differential Sentencing Patterns Among Felony Sex Offenders And Non-Sex Offenders, Anthony Walsh
Journal of Criminal Law and Criminology
No abstract provided.
The Impact Of State Mental Hospital Deinstitutionalization On United States Prison Populations, 1968-1978, Henry J. Steadman, John Monahan, Barbara Duffee, Eliot Hartstone
The Impact Of State Mental Hospital Deinstitutionalization On United States Prison Populations, 1968-1978, Henry J. Steadman, John Monahan, Barbara Duffee, Eliot Hartstone
Journal of Criminal Law and Criminology
No abstract provided.
Surgical Search: Removing A Scar On The Fourth Amendment, Leonard Bruce Mandell, L. Anita Richardson
Surgical Search: Removing A Scar On The Fourth Amendment, Leonard Bruce Mandell, L. Anita Richardson
Journal of Criminal Law and Criminology
No abstract provided.
Expanding The Victim's Role In The Criminal Court Dispositional Process: The Results Of An Experiment, Robert C. Davis, Frances Kunreuther, Elizabeth Connick
Expanding The Victim's Role In The Criminal Court Dispositional Process: The Results Of An Experiment, Robert C. Davis, Frances Kunreuther, Elizabeth Connick
Journal of Criminal Law and Criminology
No abstract provided.
Fourth Amendment--Of Warrants, Electronic Surveillance, Expectations Of Privacy, And Tainted Fruits, Dawn Webber
Fourth Amendment--Of Warrants, Electronic Surveillance, Expectations Of Privacy, And Tainted Fruits, Dawn Webber
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Double Jeopardy: Two-Tier Trial Systems And The Continuing Jeopardy Principle, Adam N. Volkert
Fifth Amendment--Double Jeopardy: Two-Tier Trial Systems And The Continuing Jeopardy Principle, Adam N. Volkert
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Will The Public Safety Exception Swallow The Miranda Exclusionary Rule, Steven Andrew Drizin
Fifth Amendment--Will The Public Safety Exception Swallow The Miranda Exclusionary Rule, Steven Andrew Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Right To Counsel Of Prisoners Isolated In Administrative Detention, Deborah L. Yalowitz
Sixth Amendment--Right To Counsel Of Prisoners Isolated In Administrative Detention, Deborah L. Yalowitz
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Public Trial Guarantee Applies To Pretrial Suppression Hearings, Logan Munroe Chandler
Sixth Amendment--Public Trial Guarantee Applies To Pretrial Suppression Hearings, Logan Munroe Chandler
Journal of Criminal Law and Criminology
No abstract provided.
Eighth Amendment--Proportionality Review Of Death Sentences Not Required, Manvin S. Mayell
Eighth Amendment--Proportionality Review Of Death Sentences Not Required, Manvin S. Mayell
Journal of Criminal Law and Criminology
No abstract provided.
Reaffirming The Moral Legitimacy Of The Doctrine Of Diminished Capacity: A Brief Reply To Professor Morse, Joshua Dressler
Reaffirming The Moral Legitimacy Of The Doctrine Of Diminished Capacity: A Brief Reply To Professor Morse, Joshua Dressler
Journal of Criminal Law and Criminology
No abstract provided.
Bribery, Graft, And Conflicts Of Interest: The Scope Of Public Official, Charles Peters
Bribery, Graft, And Conflicts Of Interest: The Scope Of Public Official, Charles Peters
Journal of Criminal Law and Criminology
No abstract provided.
Rico--Criminal Forfeiture Of Proceeds Of Racketeering Activity Under Rico, Timothy A. Ita
Rico--Criminal Forfeiture Of Proceeds Of Racketeering Activity Under Rico, Timothy A. Ita
Journal of Criminal Law and Criminology
No abstract provided.
If It Ain't Broke, Don't Fix It: Why The Grand Jury's Accusatory Function Should Not Be Changed, Thomas P. Sullivan, Robert D. Nachman
If It Ain't Broke, Don't Fix It: Why The Grand Jury's Accusatory Function Should Not Be Changed, Thomas P. Sullivan, Robert D. Nachman
Journal of Criminal Law and Criminology
No abstract provided.
Attorneys Before The Grand Jury: Assertion Of The Attorney--Clinet Privilege To Protect A Client's Identity, Seymour Glanzer, Paul R. Taskier
Attorneys Before The Grand Jury: Assertion Of The Attorney--Clinet Privilege To Protect A Client's Identity, Seymour Glanzer, Paul R. Taskier
Journal of Criminal Law and Criminology
No abstract provided.
Role Of The Prosecutor Inside The Grand Jury Room: Where Is The Foul Line, Peter F. Vaira
Role Of The Prosecutor Inside The Grand Jury Room: Where Is The Foul Line, Peter F. Vaira
Journal of Criminal Law and Criminology
No abstract provided.
Doctrine Of Waiver As Applied To Grand Jury Subpoenas, Michael A. Reiter
Doctrine Of Waiver As Applied To Grand Jury Subpoenas, Michael A. Reiter
Journal of Criminal Law and Criminology
No abstract provided.
Grand Jury Secrecy--Time For A Reevaluation, William B. Lytton
Grand Jury Secrecy--Time For A Reevaluation, William B. Lytton
Journal of Criminal Law and Criminology
No abstract provided.
Improper Use Of The Federal Grand Jury: An Instrument For The Internment Of Political Activists, Michael E. Deutsch
Improper Use Of The Federal Grand Jury: An Instrument For The Internment Of Political Activists, Michael E. Deutsch
Journal of Criminal Law and Criminology
No abstract provided.
Eyewitness Identification: Should Psychologists Be Permitted To Address The Jury, Margaret J. Lane
Eyewitness Identification: Should Psychologists Be Permitted To Address The Jury, Margaret J. Lane
Journal of Criminal Law and Criminology
No abstract provided.
Commentary On China's New Patent And Trademark Laws, A , L. Mark Wu-Ohlson
Commentary On China's New Patent And Trademark Laws, A , L. Mark Wu-Ohlson
Northwestern Journal of International Law & Business
In anticipation of the formulation of a patent and trademark law by the legislative organs of the People's Republic of China ("PRC"), attention in Chinese legal literature has frequently focused in recent years on the function of patent and trademark laws in China's Marxist economy. To a large extent, these recent writings focus on the paradox of incorporating into a socialist legal system laws with grant to individuals exclusive ownership rights to intellectual property. The manner in in which this paradox is resolved will no doubt mold the future of industrial property law in China.
Liquidating The Foreign Personal Holding Company: Alternative Considerations, Neil M. Goff
Liquidating The Foreign Personal Holding Company: Alternative Considerations, Neil M. Goff
Northwestern Journal of International Law & Business
Prior to 1937, it was common for United states taxpayers to utilize offshore corporate entities, structured in the form of a foreign personal holding company ("FPHC") to avoid United States taxation. As indi- cated by the House Committee Notes accompanying enactment of the Revenue Act of 1937, "[t]he evidence presented to the joint committee has shown that foreign personal holding companies have afforded one of the most flagrant loopholes for tax avoidance."' The primary problem faced by the lawmakers in 1937 was the fact that the United States was unable to acquire direct taxing jurisdiction over such companies due to …
Unctad Code Of Conduct For Liner Conferences: Trade Milestone Or Millstone--Time Will Soon Tell, The Perspectives, Leslie Kanuk
Unctad Code Of Conduct For Liner Conferences: Trade Milestone Or Millstone--Time Will Soon Tell, The Perspectives, Leslie Kanuk
Northwestern Journal of International Law & Business
A careful examination of the Code itself reveals it to be a poorly drafted, internally contradictory and ambiguous document-open to va- rying interpretations of form and substance-which implicitly requires an elaborately complex regulatory mechanism to assure that its cargo- sharing provisions are adhered to by Codist signatories. The Code may also prove to be the proverbial camel's nose under the tent. It purports, as its title implies, to be a code of conduct for liner conferences. How- ever, various informed interpretations of the Code, and premature unilat- eral efforts by some nations to implement the Code, indicate that non-conference carriers …
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Northwestern Journal of International Law & Business
Transborder Data Flow is international communication. TBDF is the more widely used term. In this Perspective, the terms TBDF and international information transfer will be used interchangeably. Either term can be defined, somewhat elaborately, as the electronic transmission of personal or non-personal information across political boundaries for processing, or storing in computer files. More simply, TBDF is interna- tional movement of information over transnational computer-communi- cation systems. Transfer of information over transnational computer systems is the underlying concept. Proposed or actual restrictions on such transfers are the underlying problem. Interests advanced or re- strained by policies applicable to such transfers …
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Northwestern Journal of International Law & Business
Several factors have led to the current push for sanctions against employers who hire illegal aliens. One main factor is the perception that illegal aliens take jobs from United States citizens and legal aliens, work- ers and negatively affect the national economy. Obviously, any percep- tion that the jobs of United States citizens are being lost tends to create an emotionally charged environment that hampers objective decision making. Further, frustration has built up because current legal mecha- nisms seem incapable of halting illegal immigration. This frustration has increased xenophobia. Finally, proponents of sanctions identify a major inequity in a law …
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
Northwestern Journal of International Law & Business
This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …
Jeanneret V. Vichey: Sales Of Illegally Exported Art Under The Uniform Commercial Code, William Pearlstein
Jeanneret V. Vichey: Sales Of Illegally Exported Art Under The Uniform Commercial Code, William Pearlstein
Northwestern Journal of International Law & Business
Jeanneret v. Vichey reveals such a development. Depending on its final disposition, it may be of great consequence to the United States art market. The narrow legal question in Jeanneret is whether the Italian government's threats to confiscate an illegally exported work of art or to fine its owner constitute a sufficiently substantial cloud on title to support a buyer's claim of breach of the warranty of title provided by Uniform Commercial Code (UCC) § 2-312.11 The broader underlying issue is whether any exporting nation, by threatening actual or potential owners with fines or confiscation, can cloud the title to …