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University of Michigan Law School

Journal

1993

Articles 121 - 147 of 147

Full-Text Articles in Law

Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter Jan 1993

Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter

Michigan Journal of Gender & Law

Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …

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Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers Jan 1993

Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers

Michigan Journal of Gender & Law

Appellate Brief in Support of Defendant-Appellant in Ypsilanti v. Patterson

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Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt Jan 1993

Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt

Michigan Journal of Gender & Law

Several issues were raised on appeal to the New York Court of Appeals. Thoreson AKA DiLorenzo was the Respondent on the issue of sexual harassment and the Appellant on the issue of the amount of damages awarded by the Supreme Court. This portion of the brief addresses only the issue of sexual harassment. Wendy C. Lecker (J.D. 1988, New York University School of Law), authored a section on the issue of compensatory damages.

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Prostitution: A Narrative By A Former "Call Girl", Anonymous Jan 1993

Prostitution: A Narrative By A Former "Call Girl", Anonymous

Michigan Journal of Gender & Law

Why do women get involved in prostitution? I believe there are two primary causes: money and drugs.

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An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee Jan 1993

An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee

Michigan Journal of Gender & Law

Along with the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Violence Against Women Act (VAWA) could be the most significant addition to federal civil rights laws in the last century. While potentially revolutionary, the VAWA's civil rights remedy forges two problematic legal concepts-traditional civil rights jurisprudence and "perfect" violence-into a super-remedy that risks combining the worst aspects of each. Those who utilize and interpret the Act can avoid this outcome by situating individual violent acts in the broader social and historical context of gender-motivated violence.

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The Ennobling Of Democracy: The Challenge Of The Postmodern Age, Fernando R. Tesón Jan 1993

The Ennobling Of Democracy: The Challenge Of The Postmodern Age, Fernando R. Tesón

Michigan Journal of International Law

Review of the book by Thomas L. Pangle.

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Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker Jan 1993

Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker

Michigan Journal of International Law

Review of the book by Richard A. Falk.

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Whose Loyalties?, Christina Whitman Jan 1993

Whose Loyalties?, Christina Whitman

Michigan Law Review

A Review of Loyalty: An Essay on the Morality of Relationships by George P. Fletcher

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The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley Jan 1993

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Michigan Journal of International Law

This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.

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The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright Jan 1993

The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright

Michigan Journal of International Law

The authors examine the relationship of international law and food to women by first presenting seven stories of women from different situations, geographical locations, and conditions of affluence or poverty. These individual stories illustrate in a concrete way the circumstances of individual women's lives and their relationship to food and hunger. They are, to some extent, representative of women generally. We then examine the international legal framework and the provisions of international law that might be relevant to relieving the reality of hunger and women's vulnerability to food deprivation.

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Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies Jan 1993

Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies

Michigan Journal of International Law

Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …

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Translated Documents And Hague Service Convention Requirements, Christopher Cheng Jan 1993

Translated Documents And Hague Service Convention Requirements, Christopher Cheng

Michigan Journal of International Law

Part I of this Note discusses translation requirement permitted under the Hague Convention, the provisions of the Convention governing service abroad, and when translation requirements apply to service abroad. Part II addresses complications arising from U.S. courts' strict interpretation of the requirements and their failure to consult the laws of the addressee state. Part III suggests practical methods which courts and attorneys can implement to avoid these complications. In general, both U.S. courts and attorneys must defer to foreign legal standards when applying Article 5. Because courts sometimes fail to consult foreign law, they have read national translation requirements more …

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Burdens Of Proof, Jose E. Alvarez Jan 1993

Burdens Of Proof, Jose E. Alvarez

Michigan Journal of International Law

Review of the book Fact-Finding Before International Tribunals edited by Richard B. Lillich

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Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth Jan 1993

Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth

Michigan Journal of International Law

Review of the book edited by V. Spike Peterson.

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Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth Jan 1993

Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth

Michigan Journal of International Law

Review of the book edited by Martin Führ and Gerhard Roller.

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Basic Documents Of International Environmental Law, Ludwik A. Teclaff Jan 1993

Basic Documents Of International Environmental Law, Ludwik A. Teclaff

Michigan Journal of International Law

Review of the book edited by Harald Hohmann.

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Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii Jan 1993

Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii

Michigan Journal of International Law

Part I of this Note will outline the evolution of space law as it concerns the sharing of benefits debate. Part II will analyze interpretations of the provisions of the two treaties central in the sharing of benefits debate, and will focus the debate by discussing the lunar mining issue. Part III will consider the challenge the New International Economic Order concept poses to legal obligations to share benefits. Part IV will evaluate various ways to share benefits and propose a new method which could promote economic development without hampering the incentive to conduct outer space exploration.

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Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny Jan 1993

Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny

Michigan Journal of International Law

In October 1989, the Hungarian Communist regime collapsed and was replaced by a democratic government. This new government was confronted with a visible and grave concern: environmental degradation. In just three years, the new Hungarian government, sometimes of its own impetus, sometimes at the prodding of environmentalists and foreign governments, has taken tremendous steps toward establishing palpable environmental legislation. More importantly, it has created an administrative and information-gathering infrastructure capable of sustaining a cohesive system of environmental protection initiatives. Although the path to further progress is littered with obstacles, this East European country has proven itself a worthy warrior in …

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Books Received, Michigan Journal Of International Law Jan 1993

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.

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Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith Jan 1993

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.

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U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde Jan 1993

U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde

Michigan Journal of International Law

This Article describes and appraises the second wave of negotiations. It functions as a sequel to an earlier article that described the first ten years of the program. Although the second wave of negotiations continues, and thus any conclusions about it necessarily are tentative, the second wave already has developed a variety of characteristics that distinguish it from the first wave. The goal of this Article is to identify the ways in which the second wave appears to differ from the first and to assess the significance of the differences.

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Empowering The Russian Consumer In A Market Economy, James P. Nehf Jan 1993

Empowering The Russian Consumer In A Market Economy, James P. Nehf

Michigan Journal of International Law

One purpose of this article is to examine how the legislative product of a declining socialist state will benefit Russian consumers during the unusual circumstances characterizing the period of market transformation. A second purpose is to familiarize Western consumerists with the decidedly pro-consumer features of the Russian law. Part I analyzes the consumer law's provisions that elevate the legal status of consumers when they purchase goods and services. Part II examines the legislation from a different perspective - as a set of legal norms affecting the operation of consumer markets generally. Part III discusses the enforcement mechanisms established in the …

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Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr. Jan 1993

Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.

Michigan Journal of International Law

This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …

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State Aids And European Community Law, Hans-Jorg Niemeyer Jan 1993

State Aids And European Community Law, Hans-Jorg Niemeyer

Michigan Journal of International Law

This article provides an overview of EC State aid rules, focusing on recent Commission policy and recent judgments of the Court of Justice on State aids. In Part I, some general points, such as what may constitute a State aid, are considered. In Part II, the procedural aspects are dealt with in more detail, with emphasis on the notification process, and the procedure for reviewing State aids. Part III examines the recovery of illegally granted aids, and the defenses a beneficiary may assert. Next, Part IV sets out the remedies available for breach of the State aid rules, including the …

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The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde Jan 1993

The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde

Michigan Journal of International Law

This Note examines the role that risk analysis played in fashioning the Framework Convention on Climate Change and argues that risk analysis should play a significant part in implementing the Convention.

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Law Teachers' Writing, James Boyd White Jan 1993

Law Teachers' Writing, James Boyd White

Michigan Law Review

Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …

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Front Matter, Michigan Law Review Jan 1993

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 91, Issue 5 of Michigan Law Review

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