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Articles 1 - 30 of 38
Full-Text Articles in Law
African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil
African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil
Northwestern Journal of International Law & Business
This paper focuses specifically on the possible liability under the ATCA of multinational oil and mining companies operating in Africa. First, it will examine the relationships between the multinational oil and mining companies, private security forces and African governments. In doing so, it will describe the actual activities and operations of the private security forces in conjunction with the oil and mining corhpanies. Second, this paper will outline the elements of liability under the ATCA. This will include a discussion of recent cases in which foreign nationals have sued multinational companies in the United States for alleged human rights abuses …
Owing To The Extreme Youth Of The Accused: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
Owing To The Extreme Youth Of The Accused: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Homicides Among Chicago Families: 1870-1930, Roland Chilton
Homicides Among Chicago Families: 1870-1930, Roland Chilton
Journal of Criminal Law and Criminology
No abstract provided.
Shafer V. South Carolina: Another Missed Opportunity To Remove Juror Ignorance As A Factor In Capital Sentencing, William Baarsma
Shafer V. South Carolina: Another Missed Opportunity To Remove Juror Ignorance As A Factor In Capital Sentencing, William Baarsma
Journal of Criminal Law and Criminology
No abstract provided.
What Were They Smoking: The Supreme Court's Latest Step In A Long, Strange Trip Through The Fourth Amendment, Daniel Mckenzie
What Were They Smoking: The Supreme Court's Latest Step In A Long, Strange Trip Through The Fourth Amendment, Daniel Mckenzie
Journal of Criminal Law and Criminology
No abstract provided.
City Of Indianapolis V. Edmond: The Constitutionality Of Drug Interdiction Checkpoints, Ann Mulligan
City Of Indianapolis V. Edmond: The Constitutionality Of Drug Interdiction Checkpoints, Ann Mulligan
Journal of Criminal Law and Criminology
No abstract provided.
Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman
Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman
Journal of Criminal Law and Criminology
No abstract provided.
Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman
Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman
Journal of Criminal Law and Criminology
No abstract provided.
Lunatics And Anarchists: Political Homicide In Chicago, Edward M. Burke
Lunatics And Anarchists: Political Homicide In Chicago, Edward M. Burke
Journal of Criminal Law and Criminology
No abstract provided.
Afterword To Lunatics And Anarchists: Political Homicide In Chicago, Leigh B. Bienen, Thomas J. O'Gorman
Afterword To Lunatics And Anarchists: Political Homicide In Chicago, Leigh B. Bienen, Thomas J. O'Gorman
Journal of Criminal Law and Criminology
No abstract provided.
Homicide In New York, Los Angeles And Chicago, Eric H. Monkkonen
Homicide In New York, Los Angeles And Chicago, Eric H. Monkkonen
Journal of Criminal Law and Criminology
No abstract provided.
Firearm Deaths, Gun Availability, And Legal Regulatory Changes: Suggestions From The Data, Greg S. Weaver
Firearm Deaths, Gun Availability, And Legal Regulatory Changes: Suggestions From The Data, Greg S. Weaver
Journal of Criminal Law and Criminology
No abstract provided.
Capital Punishment For The Crime Of Homicide In Chicago: 1870-1930, Derral Cheatwood
Capital Punishment For The Crime Of Homicide In Chicago: 1870-1930, Derral Cheatwood
Journal of Criminal Law and Criminology
No abstract provided.
I Loved Joe, But I Had To Shoot Him: Homicide By Women In Turn-Of-The-Century Chicago, Jeffrey S. Adler
I Loved Joe, But I Had To Shoot Him: Homicide By Women In Turn-Of-The-Century Chicago, Jeffrey S. Adler
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: Terrorism And Utilitarianism: Lessons From, And For, Criminal Law, Paul Butler
Foreword: Terrorism And Utilitarianism: Lessons From, And For, Criminal Law, Paul Butler
Journal of Criminal Law and Criminology
No abstract provided.
Federal Habeas Review: The Supreme Court's Failure To Apply Williams Consistently, Marry Connell Grubb
Federal Habeas Review: The Supreme Court's Failure To Apply Williams Consistently, Marry Connell Grubb
Journal of Criminal Law and Criminology
No abstract provided.
Blurring The Line: Impact Of Offense-Specific Sixth Amendment Right To Counsel, Melissa Minas
Blurring The Line: Impact Of Offense-Specific Sixth Amendment Right To Counsel, Melissa Minas
Journal of Criminal Law and Criminology
No abstract provided.
Questions Unanswered: The Fifth Amendment And Innocent Witnesses, Angela Roxas
Questions Unanswered: The Fifth Amendment And Innocent Witnesses, Angela Roxas
Journal of Criminal Law and Criminology
No abstract provided.
Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher
Northwestern Journal of International Law & Business
The conclusion I ultimately draw is that, although the holdings of individual cases are ambiguous, as a group the relevant foreign decisions clearly sanction an award of CISG damages to cover attorneys' fees that would not normally be compensable under U.S. national law. As I discuss in Part III of the article, the firmly-established "American rule" on recovery of attorneys' fees is that, in the absence of a statutory or contractual provision to the contrary, each party to a dispute must bear his or her own attorneys' fees. A line of U.S. cases construing Article 2 of the U.C.C. strongly …
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Northwestern Journal of International Law & Business
Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …
Optimal International Taxation And Tax Competition: Overcoming The Contradictions, William B. Barker
Optimal International Taxation And Tax Competition: Overcoming The Contradictions, William B. Barker
Northwestern Journal of International Law & Business
This paper presents a theory of international taxation based on a new approach to source taxation that reflects world development and synthesizes the objectives of economic efficiency, fairness to taxpayers, and fairness to governments. Adoption of this model results in the preservation of comprehensive income taxation to capital-exporting nations and an expenditure tax base for capital-importing nations. The system would reduce much of the distortion caused by tax competition, eliminating the tax incentive for businesses to use productive assets and technologies outside the country of their development and saving the jobs of many workers.
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
International Economic Conflict And Resolution, C. O'Neal Taylor
International Economic Conflict And Resolution, C. O'Neal Taylor
Northwestern Journal of International Law & Business
Conflict and their resolutions contribute to the development of the law. Organizations and systems are structured or restructured and policies are formulated in response to them. In the case of international economic law, conflict comes in a variety of forms and is resolved in a number of ways and in different forums.' The 2001 Conference of the International Economic Law Group focused on the issue of conflict resolution.2 The two plenary sessions of the conference were held at the Warwick Hotel in Houston. This symposium issue of the Northwestern Journal of International Law and Business contains three of the articles …
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
Northwestern Journal of International Law & Business
This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Northwestern Journal of International Law & Business
In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.
Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan
Northwestern Journal of International Law & Business
International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …
Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons
Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons
Northwestern Journal of International Law & Business
Swindlers, purveyors of substandard products or services, and honest traders unable to perform their agreements can access the global market as easily as legitimate and capable businesses. The impersonal nature of e-commerce makes it more difficult for traders to discern a merchant or transaction that will not satisfy their expectations. This article analyzes procedural due process concerns as an element of arbitration in online dispute resolution ("ODR") in business-to-consumer ("B2C") e-commerce. B2C e-commerce will be worth an estimated $250 billion by the end of 2003, but one factor hindering its growth is the lack of effective dispute resolution. For reasons …
Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed
Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed
Northwestern Journal of International Law & Business
When the European Court of Justice ("ECJ") issued its final decision in the case of Levi Strauss & Co. v. Tesco Stores Ltd. in November 2001, affirming Levi Strauss' right to keep cut-price imported Levis out of the European Union ("E.U."), the general public was outraged at the perceived blow to consumer rights. The ECJ's decision to allow Levi Strauss to prohibit "gray market" imports of its jeans from the United States for resale in the United Kingdom at prices much cheaper than Levi Strauss' own U.K. prices was characterized as protecting "big business" at the expense of consumers. While …
Eustitia: Institutionalizing Justice In The European Union, Helen Elizabeth Hartnell
Eustitia: Institutionalizing Justice In The European Union, Helen Elizabeth Hartnell
Northwestern Journal of International Law & Business
Madame Guigou's prediction that a "single judicial space" might be in place by the year 2020 signals a brave new horizon for the rule of law in the European Union. Yet even her dramatic claim fails to convey the range, depth, and momentum of changes wrought by the Treaties of Maastricht and Amsterdam in the realm of justice. The European Union is installing new infrastructure upon which to build a "genuine European area of justice." This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a …