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Articles 1 - 30 of 63
Full-Text Articles in Law
Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger
Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger
Journal of Criminal Law and Criminology
No abstract provided.
Four Models Of The Criminal Process, Kent Roach
Four Models Of The Criminal Process, Kent Roach
Journal of Criminal Law and Criminology
No abstract provided.
Effect Of The Federal Sentencing Guidelines On Interjudge Sentencing Disparity, Paul J. Hofer, Kevin R. Blackwell, R. Barry Ruback
Effect Of The Federal Sentencing Guidelines On Interjudge Sentencing Disparity, Paul J. Hofer, Kevin R. Blackwell, R. Barry Ruback
Journal of Criminal Law and Criminology
No abstract provided.
The Collapse Of The Harm Principle, Bernard E. Harcourt
The Collapse Of The Harm Principle, Bernard E. Harcourt
Journal of Criminal Law and Criminology
No abstract provided.
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Northwestern Journal of International Law & Business
First, this article will examine the way courts have dealt with suits against FGOCs claiming immunity under the FSIA. Second, this article will argue that obtaining jurisdiction over a FGOC has become relatively easy under the FSIA due to the way courts have applied the commercial activities exception in recent decisions. Third, this article will suggest methods for United States and foreign businesses to avoid difficulties in obtaining jurisdiction over FGOCs. Finally, this article will advocate that FGOCs should no longer be provided sovereign immunity under U.S. law.
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Northwestern Journal of International Law & Business
This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …
Double Jeopardy Protection From Civil Sanctions After Hudson V. United States, Lisa Melenyzer
Double Jeopardy Protection From Civil Sanctions After Hudson V. United States, Lisa Melenyzer
Journal of Criminal Law and Criminology
No abstract provided.
Firearms Identification--Ballistics, Fred E. Inbau
Firearms Identification--Ballistics, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Law And Police Practice: Restrictions In The Law Of Interrogation And Confessions, Fred E. Inbau
Law And Police Practice: Restrictions In The Law Of Interrogation And Confessions, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
More About Public Safety V. Individual Civil Liberties, Fred E. Inbau
More About Public Safety V. Individual Civil Liberties, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Over-Reaction--The Mischief Of Miranda V. Arizona, Fred E. Inbau
Over-Reaction--The Mischief Of Miranda V. Arizona, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Self-Incrimination--What Can An Accused Person Be Compelled To Do?, Fred E. Inbau
Self-Incrimination--What Can An Accused Person Be Compelled To Do?, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
The Market Tort In Private International Law, Michael J. Whincop, Mary Keyes
The Market Tort In Private International Law, Michael J. Whincop, Mary Keyes
Northwestern Journal of International Law & Business
Perhaps the most troublesome of all choice of law questions arises when a plaintiff asserts a cause of action for injuries arising from a contractual exchange entered in a market situation. This description embraces some of the most important case types in modern litigation: products liability, securities litigation, industrial accidents, medical negligence, and so on. Outside of private international law cases, these have represented the battlefields of recent tort "crises" and subsequent reforms. We shall refer to these cases as "market torts" . They represent the principal subject of analysis in this work. The rules that should apply where a …
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Northwestern Journal of International Law & Business
This article addresses a set of issues that arise in the context of market liberalization for a special and important class of industries, the so-called "network industries," which include electricity, natural gas, rail transportation and telecommunications. Each of these industries combines activities that are potentially competitive, such as generation of electricity, with ones that are naturally monopolistic, such as transmission of electricity. This combination produces a unique set of challenges to competition law and policy in designing a market structure and regulatory framework which maximize the benefits of liberalization while effectively controlling any tendencies to monopolistic abuse. We analyze "Chicago …
Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth
Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth
Northwestern Journal of International Law & Business
This article develops an analytical framework for viewing the rules on attorney fee arrangements that have been adopted in the United States and in major western European countries. In section II the paper explains the choice of economic agency theory as a starting point for developing this framework. Within the meaning of economic agency, the attorney is a dual agent, with duties to both the client and the judicial system. In section III the paper identifies five interests that form the basis for evaluating fee systems. These interests are derived from applying basic agency theory to the duties of the …
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Northwestern Journal of International Law & Business
The Japan-U.S. economic relationship has been marked by tremendous friction and misunderstanding. These tensions have given rise in the past to the extraterritorial application of U.S. trade and antitrust laws to perceived public and private restrictive trade practices. In this paper, I will review the U.S. approach to the extraterritorial application of trade and antitrust laws, particularly as they apply to Japan. I will conclude that although formal coercion has given way to more bilateral negotiations, demands will grow for a return to the more aggressive U.S. posture of the past unless meaningful and effective market access is achieved. I …
New Transfer Pricing Rules In Brazil, Alexandre Tadeu Seguim
New Transfer Pricing Rules In Brazil, Alexandre Tadeu Seguim
Northwestern Journal of International Law & Business
Through transfer price, the organization aims to evaluate and improve the performance of the related entity. The idea that transfer pricing is a mechanism designed only to avoid taxes is misleading. Actually, to transfer price is a sound and positive way to increase value. The 1979 OECD Report on Transfer Pricing and Multinational Enterprises emphasized that the term is neutral: "the consideration of transfer pricing problems should not be confused with the consideration of problems of tax fraud or tax avoidance, even though transfer pricing policies may be used for such purposes." The 1995 OECD Report went even further by …
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Northwestern Journal of International Law & Business
Investment in privatized utilities leads to a very particular form of political risk--the risk that regulatory conditions change and special taxes are imposed, all measures within the sovereign powers of the state. The normal forms of protection against political risk (investment insurance, stabilization clauses, international investment treaties and international arbitration clauses) have not yet caught up with the emergence of new forms of political risk. The 1997 UK windfall tax announced by the Chancellor of the Exchequer in that year's budget speech is a case in point. This issue is not limited purely to the contemporary UK situation, but illustrates …
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
Northwestern Journal of International Law & Business
Although attractive in theory, the implementation of light-handed regulation in the United Kingdom has faced several problems. First, light-handed regulation has not worked as anticipated to avoid the need for lengthy regulatory proceedings. Second, light-handed regulation has unintentionally created inefficient incentives for regulated companies. Third, light-handed regulation has not successfully constrained the monopoly power of incumbents. We illustrate the problems with light-handed regulation principally by reference to the experience of British Gas. The British government established the Office of Gas Regulation, known as Ofgas, to regulate British Gas after its privatization. However, Ofgas was not able to set reasonable prices …
Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee
Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee
Northwestern Journal of International Law & Business
This article initially reviews the current development of financial services that converge regulatory systems around the world. Along with focusing on banking and securities, this article assesses financial systems and regulators within China, Hong Kong, and Taiwan respectively. The evaluation of the CEA's financial system is based on recommendations issued by the Basle Committee. In addition, with respect to the principle of national treatment, this article evaluates the operations of foreign financial institutions in the CEA. In the future, participation in the WTO will enable the CEA to experience greater growth and increase its participation in the internationalization of financial …
Owning Outer Space, Ezra J. Reinstein
Owning Outer Space, Ezra J. Reinstein
Northwestern Journal of International Law & Business
If exploitation of outer space's bounty is our goal, we must establish a space property legal system that creates both incentives and predictability. Space development is a highly risky endeavor, as well as mind-bogglingly expensive. Who would expend the effort in developing a space colony, if they were not certain of the project's legality? Valuable projects -- energy collection, mining, and colonization -- are by no means inevitable. If the law of outer space rejects such uses, or even makes their legality uncertain, it is unlikely that the nec-essary technology would ever be created. A promising solution to our ever-growing …
Fasb V. Iasc: Are The Structure And Standard Setting Process At The Iasc Adequate For The Securities And Exchange Commission To Accept International Accounting Standards For Cross-Border Offerings? , Charles Canfield
Northwestern Journal of International Law & Business
This comment compares and contrasts the IASC's structure and stan- dard setting process with the structure and process for promulgating ac- counting standards of the Financial Accounting Standards Board ("FASB"), the standard setter for the United States. The purpose of this comparison is to determine whether or not the IASC's structure and process for standard development are adequate for the development of acceptable core standards. This comparison uses FASB, not for the purpose of imposing FASB as the standard setter for the world, but for the purpose of comparing the IASC with an established long-standing standard setter, and because the …
The Parameters Of The Attorney-Client Privilege For In-House Counsel At The International Level: Protecting The Company's Confidential Information, Joseph Pratt
Northwestern Journal of International Law & Business
The gaps in the privilege at the international level present a major problem for general counsel. In the worst case scenario, the company's own legal opinions could be used against it by a foreign tribunal. To reduce this risk, general counsel at multinationals should become familiar with the parameters of the attorney-client privilege at the international level and use this knowledge to devise strategies to protect the corporation's sensitive information in foreign jurisdictions. Part II of this comment begins by describing the roots of the modem attorney-client privilege in the United States and its extension to in-house counsel. This section …
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Journal of Criminal Law and Criminology
No abstract provided.
Responding To Child Homicide: A Statutory Proposal, Charles A. Phipps
Responding To Child Homicide: A Statutory Proposal, Charles A. Phipps
Journal of Criminal Law and Criminology
No abstract provided.