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- Britain; Germany; labor law; labor representation; German Works Constitution Act; privatization (1)
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- International commercial arbitration; United Nations Convention on the Recognition and Enforcement of Arbitral Awards; Inter-American Convention on International Commercial Arbitration (1)
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Articles 1 - 30 of 53
Full-Text Articles in Law
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
Northwestern Journal of International Law & Business
One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …
Fourth Amendment--Protective Sweep Doctrine: When Does The Fourth Amendment Allow Police Officers To Search The Home Incident To A Lawful Arrest, Mark J. Sifferlen
Fourth Amendment--Protective Sweep Doctrine: When Does The Fourth Amendment Allow Police Officers To Search The Home Incident To A Lawful Arrest, Mark J. Sifferlen
Journal of Criminal Law and Criminology
No abstract provided.
Initiation, Escalation And Desistance In Juvenile Offending And Their Correlates, Rolf Loeber, Magda Stouthamer-Loeber, Welmoet Van Kammen, David P. Farrington
Initiation, Escalation And Desistance In Juvenile Offending And Their Correlates, Rolf Loeber, Magda Stouthamer-Loeber, Welmoet Van Kammen, David P. Farrington
Journal of Criminal Law and Criminology
No abstract provided.
Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher
Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher
Journal of Criminal Law and Criminology
No abstract provided.
Advancing Knowledge About Co-Offending: Results From A Prospective Longitudinal Survey Of London Males, Albert J. Jr. Reiss, David P. Farrington
Advancing Knowledge About Co-Offending: Results From A Prospective Longitudinal Survey Of London Males, Albert J. Jr. Reiss, David P. Farrington
Journal of Criminal Law and Criminology
No abstract provided.
Moral Appropriateness, Capital Punishment, And The Lockett Doctrine, Louis D. Bilionis
Moral Appropriateness, Capital Punishment, And The Lockett Doctrine, Louis D. Bilionis
Journal of Criminal Law and Criminology
No abstract provided.
The Sixth Amendment As Constitutional Theory: Does Originalism Require That Massiah Be Abandoned, Martin Bahl
The Sixth Amendment As Constitutional Theory: Does Originalism Require That Massiah Be Abandoned, Martin Bahl
Journal of Criminal Law and Criminology
No abstract provided.
Notes On The Structure Of A Theory Of Excuses, Michael Corrado
Notes On The Structure Of A Theory Of Excuses, Michael Corrado
Journal of Criminal Law and Criminology
No abstract provided.
Justifying Searches On The Basis Of Equality Of Treatment, Robert L. Misner
Justifying Searches On The Basis Of Equality Of Treatment, Robert L. Misner
Journal of Criminal Law and Criminology
No abstract provided.
An Evaluation Of Intensive Probation In California, Joan Petersilia, Susan Turner
An Evaluation Of Intensive Probation In California, Joan Petersilia, Susan Turner
Journal of Criminal Law and Criminology
No abstract provided.
The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond
The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond
Northwestern Journal of International Law & Business
In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …
A Rapid Or Evolutionary Approach: The Eec's Adoption Of The Ecu As A Common Currency, Susan B. Shulman
A Rapid Or Evolutionary Approach: The Eec's Adoption Of The Ecu As A Common Currency, Susan B. Shulman
Northwestern Journal of International Law & Business
Perhaps the EEC should move to a common currency, but there is no reason to rush towards such a dramatic change. According to optimal currency area theory, the current system of limited flexibility within the EEC is ideal. Any move to a common currency should be flexible in that it initially allows member states the ability to use national monetary policy if necessary. The British proposal allows just this kind of flexibility.
Why Do I Like Broccoli, Maurice B. Jr. Cohill
Why Do I Like Broccoli, Maurice B. Jr. Cohill
Journal of Criminal Law and Criminology
No abstract provided.
Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith
Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith
Northwestern Journal of International Law & Business
In light of the frequent appearance of arbitration clauses in international contracts, and the volume of litigation handled in this manner, international commercial arbitration' has become a favorite subject of commentators who have primarily focused on the relative benefits of arbitration versus litigation and cross-institutional rules comparisons. One area that has received scant attention is the factors concerning the actual selection of particular individuals to serve as arbitrators. This article looks at how arbitrators are chosen today within the institutional context. Following this are general discussions of selected professions for indications of their members' inherent suitability for and adaptability to …
Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg
Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg
Northwestern Journal of International Law & Business
Arbitration has become an effective procedure for resolving international commercial disputes in the Western Hemisphere. A framework of treaties exists, establishing substantive law and procedure for that purpose. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) has been ratified by sixteen Western Hemisphere countries. The Inter-American Convention on International Commercial Arbitration (1975) has been ratified by thirteen countries. Furthermore, the World Bank's Convention establishing the International Centre for the Settlement of Investment Disputes has been ratified by four Latin American countries and six anglophobe Western Hemisphere countries and it has been signed but not …
Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque
Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque
Northwestern Journal of International Law & Business
Chapter 13 creates new and additional opportunities for businesses on both sides of the Canadian-United States border to bid on federal government contracts on opposite sides of the border. In order to implement the Free Trade Agreement and the provisions of Chapter 13, the Canadian federal government created a new administrative agency, the Procurement Review Board of Canada (the Board), to adjudicate government procurement disputes. The Board is the focus of this article. Because the Board is charged with adjudicating contract disputes arising under Chapter 13 of the FTA, its decisions provide an insight into whether Chapter 13 is creating …
Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten
Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten
Northwestern Journal of International Law & Business
This Comment will analyze the changing situation in Germany and offer analogies based on a historical precedent. Though the degree of change was much less revolutionary, Great Britain in the 1980s experienced a period of industrial privatization similar to that which is presently occurring in Germany. The purpose of this Comment is to examine the effects of British privatization on plant-level labor representation and industrial relations and to show how this experience may provide insight into what is likely to happen in Germany during its period of privatization.
The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar
The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar
Northwestern Journal of International Law & Business
This article examines some antitrust aspects of the Australia-New Zealand free trade accord. The first section will trace the development of trans-Tasman2 free trade, noting the long history of efforts to liberalize trade between the two countries. The next part analyzes the role antitrust law played in the movement to free trade. The final two sections raise a number of outstanding issues and problems yet to be resolved by Australia and New Zealand policy makers.
Recent Initiatives In International Financial Regulation And Goals Of Competitiveness, Effectiveness, Consistency And Cooperation, Joel P. Trachtman
Recent Initiatives In International Financial Regulation And Goals Of Competitiveness, Effectiveness, Consistency And Cooperation, Joel P. Trachtman
Northwestern Journal of International Law & Business
The purpose of this examination is first, to review the basis for and method of applying U.S. regulation in these functional areas to offshore activities of U.S. persons and to both U.S. and offshore activities of foreign persons, and to understand the differences in approach taken by the Board of Governors of the Federal Reserve System (the Board) and the Securities and Exchange Commission (the Commission) in interpreting the reach of prescriptive jurisdiction under the Bank Holding Company Act of 1956 (the BHC Act), the Securities Act of 1933 (the Securities Act) and the Securities Exchange Act of 1934 (the …
"Now That I Ate The Sushi, Do We Have A Deal?"—The Lawyer As Negotiator In Japanese-U.S. Business Transactions, Robert J. Walters
"Now That I Ate The Sushi, Do We Have A Deal?"—The Lawyer As Negotiator In Japanese-U.S. Business Transactions, Robert J. Walters
Northwestern Journal of International Law & Business
This article focuses on the role a lawyer may have in a transaction involving a Japanese client or party. It will encourage the attorney at early stages to look beyond the legal tasks to the underlying reasons for the transaction. In other words, it encourages the attorney to ask questions and obtain information that ordinarily may not be considered critical to the purely legal aspects of the transaction. The nihonjin generally will place greater emphasis on the development of the relationship. Thus, laying the groundwork and devoting sufficient attention to the "typical" or "expected" stages of a business negotiation will …
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Northwestern Journal of International Law & Business
The courts of both the United States and the European Communities have upheld the legality of various licensing restrictions. One such restriction, the "field-of-use" restriction, is the subject of this article. A field-of-use restriction prohibits a licensee from realizing the benefits of the license in certain technical fields. Field-of-use restrictions are usually written as restricting use to a particular field rather than listing prohibited fields… This article first sets forth an economic justification for the legality of field-of-use restrictions, concluding that such restrictions are usually pro-competitive. The article then analyzes the relevant law in both the United States and the …
Book Review: Cautious Revolution: The European Community Arrives, John T. Shaw
Book Review: Cautious Revolution: The European Community Arrives, John T. Shaw
Northwestern Journal of International Law & Business
Book Review: Cautious Revolution by Clifford Hackett is a valuable addition to this growing literature on the European Community. Hackett is a respected authority on European affairs who has worked in the U.S. Foreign Service and as a congressional aide… In Cautious Revolution, Hackett outlines the history of the EC as both an idea and institution, identifies the EC's successes and failures, and assesses the relationship between the United States and the EC.
Fourth Amendment--Eliminating The Inadvertent Discovery Requirement For Seizures Under The Plain View Doctrine, Richard J. Hall
Fourth Amendment--Eliminating The Inadvertent Discovery Requirement For Seizures Under The Plain View Doctrine, Richard J. Hall
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Preventing An Abusive Parent From Hiding Behind The Self-Incrimination Privilege, Elizabeth J. Ruffing
Fifth Amendment--Preventing An Abusive Parent From Hiding Behind The Self-Incrimination Privilege, Elizabeth J. Ruffing
Journal of Criminal Law and Criminology
No abstract provided.
Fourth Amendment--Protection Against Unreasonable Search And Seizure: The Inadequacies Of Using An Anonymous Tip To Provide Reasonable Suspicion For An Investigatory Stop, Orrin S. Shifrin
Journal of Criminal Law and Criminology
No abstract provided.
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Journal of Criminal Law and Criminology
No abstract provided.
Aristotle's Paradox And The Self-Incrimination Puzzle, George C. Ii Thomas, Marshall D. Bilder
Aristotle's Paradox And The Self-Incrimination Puzzle, George C. Ii Thomas, Marshall D. Bilder
Journal of Criminal Law and Criminology
No abstract provided.
Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson
Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson
Journal of Criminal Law and Criminology
No abstract provided.