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Northwestern Pritzker School of Law

Journal

1991

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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 Jan 1991

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 Jan 1991

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.


Book Reviews Jan 1991

Book Reviews

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

"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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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.


Book Reviews Jan 1991

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.