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Northwestern Pritzker School of Law

Journal

2001

Articles 1 - 30 of 46

Full-Text Articles in Law

Internet Jurisdiction Today, Adria Allen Jan 2001

Internet Jurisdiction Today, Adria Allen

Northwestern Journal of International Law & Business

This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …

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Opaque Recklessness, Kimberly Kessler Ferzan Jan 2001

Opaque Recklessness, Kimberly Kessler Ferzan

Journal of Criminal Law and Criminology

No abstract provided.

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Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran Jan 2001

Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran

Journal of Criminal Law and Criminology

No abstract provided.

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The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson Jan 2001

The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.

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Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber Jan 2001

Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.

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Merits Of Ratifying And Implementing The Cartagena Protocol On Biosafety, Jonathan A. Glass Jan 2001

Merits Of Ratifying And Implementing The Cartagena Protocol On Biosafety, Jonathan A. Glass

Northwestern Journal of International Law & Business

In a meeting in Cartagena, Colombia in February 1999, parties to the CBD, known as the Conference of the Parties ("COP"), could not agree on the proposed biosafety protocol drafted in prior meetings.3 However, in January 2000, in a meeting in Montreal, the parties to the CBD finally adopted the draft protocol, naming it the Cartagena Protocol on Biosafety ("Cartagena Protocol or Protocol"). 4 When the Cartagena Protocol opened for signature at the CBD's COP meeting in Nairobi in May 2000, sixty-four governments and the European Union signed the Protocol . Presently, eighty-one parties have signed the Protocol, while only …

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Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel Jan 2001

Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel

Northwestern Journal of International Law & Business

The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …

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Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz Jan 2001

Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz

Journal of Criminal Law and Criminology

No abstract provided.

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The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan Jan 2001

The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan

Journal of Criminal Law and Criminology

No abstract provided.

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It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson Jan 2001

It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson

Journal of Criminal Law and Criminology

No abstract provided.

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Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan Jan 2001

Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan

Journal of Criminal Law and Criminology

No abstract provided.

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Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness Jan 2001

Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness

Journal of Criminal Law and Criminology

No abstract provided.

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Book Review Jan 2001

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

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The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld Jan 2001

The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.

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Drug Court Model As A Response To Broken Windows Criminal Justice For The Homeless Mentally Ill, Jennifer Hodulik Jan 2001

Drug Court Model As A Response To Broken Windows Criminal Justice For The Homeless Mentally Ill, Jennifer Hodulik

Journal of Criminal Law and Criminology

No abstract provided.

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Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser Jan 2001

Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser

Journal of Criminal Law and Criminology

No abstract provided.

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Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff Jan 2001

Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff

Journal of Criminal Law and Criminology

No abstract provided.

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Recent Books Jan 2001

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

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Fourth Amendment Privacy Interests, William C. Heffernan Jan 2001

Fourth Amendment Privacy Interests, William C. Heffernan

Journal of Criminal Law and Criminology

No abstract provided.

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Reconstructing Consent, Marcy Strauss Jan 2001

Reconstructing Consent, Marcy Strauss

Journal of Criminal Law and Criminology

No abstract provided.

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A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver Jan 2001

A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver

Journal of Criminal Law and Criminology

No abstract provided.

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Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher Jan 2001

Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher

Journal of Criminal Law and Criminology

No abstract provided.

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Multinational Regulatory Competition And Single-Stock Futures , Frank Partnoy Jan 2001

Multinational Regulatory Competition And Single-Stock Futures , Frank Partnoy

Northwestern Journal of International Law & Business

Whereas these first two forms of regulatory competition are well documented and covered in the legal literature, the third form - which I call "multinational regulatory competition" - is newer and more difficult to characterize. Accordingly, any claims about future regulatory competition in this form necessarily are speculative. By "multinational regulatory competition," I mean competition occurring when a group of regulators from more than one sovereign forms a partnership as a multinational regulator and then seeks to compete with other groups of regulators, also formed from more than one sovereign. There is some recent empirical evidence that regulatory trends in …

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Demutualization Of Financial Exchanges: Business As Usual, Caroline Bradley Jan 2001

Demutualization Of Financial Exchanges: Business As Usual, Caroline Bradley

Northwestern Journal of International Law & Business

The article begins by outlining some of the history of mutual business forms, and the recent demutualization movement. Then, after examining the idea of exchanges as proprietary businesses, the article examines three new problems caused by demutualization: how shares in an exchange will be traded; how a proprietary exchange can function as a regulator; and the risk that a proprietary exchange will become a take-over target. The article concludes that there is no perfect arrangement for trading in an exchange's shares; that, if proprietary exchanges are allowed to act as regulators, they should be subject to some constraints as to …

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International Governance Through Trade Agreements: Patent Protection For Essential Medicines, Judy Rein Jan 2001

International Governance Through Trade Agreements: Patent Protection For Essential Medicines, Judy Rein

Northwestern Journal of International Law & Business

This paper examines the current conflicts surrounding the implementation of patent protection for pharmaceuticals. Part II outlines the specifics of trade agreements shaping the global intellectual property regime and the consequences for governments seeking to devise an essential drugs policy. Part III analyzes the process of obtaining consensus and compliance with patent protection rules through the negotiation and implementation of trade agreements, and the utilization of dispute settlement mechanisms. This section also examines the aggressive application of unilateral measures to induce adherence to levels of protection beyond those established at the multilateral and regional level. Part IV considers alternative approaches …

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Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe Jan 2001

Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe

Northwestern Journal of International Law & Business

Foreign Investment Companies Limited By Shares ("FICLBS") is one of the most important recent innovations in the People's Republic of China's ("China") foreign-invested enterprises law. Since January 10, 1995, China has authorized use of the FICLBS and, for the first time, it more closely resembles major corporate organizations used by international foreign investors.! So far over eighteen FICLBS have been approved for operation through 1999, with combined actual foreign investment of USD 1.2 billion.2 FICLBS has the potential to be the ideal organization for major international investment in China after it joins the World Trade Organization. The FICLBS can issue …

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Transnational Bribery: The Big Questions, Steven R. Salbu Jan 2001

Transnational Bribery: The Big Questions, Steven R. Salbu

Northwestern Journal of International Law & Business

During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as …

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Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess Jan 2001

Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess

Northwestern Journal of International Law & Business

Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should supplant the role of governments in fighting corruption, and (4) whether corporate principles can have an impact in the fight against corruption. Our focus is primarily on the latter question, but encompasses all of them. Implicit in Salbu's list is the question of whether a single magic …

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Switzerland & The International Trade In Art & Antiquities, Michele Kunitz Jan 2001

Switzerland & The International Trade In Art & Antiquities, Michele Kunitz

Northwestern Journal of International Law & Business

Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …

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Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang Jan 2001

Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang

Northwestern Journal of International Law & Business

This Comment first presents a brief history of European policy governing children's television advertising in Europe and lists the current regula-tions in the various EU member states, ranging from Britain's deferential guidelines to Sweden's draconian stance. The next two sections examine arguments both for and against the ban. Impassioned consumer advocates decry television advertising to children as preying upon young impressionable minds; indignant industry groups marshal arguments such as the increasing sophistication of children and the freedom of commercial speech. Finally, after forecasting a doubtful future for the proposed absolute ban on children's television across Europe, this Comment concludes that …

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