Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Northwestern Pritzker School of Law

2005

Articles 31 - 60 of 77

Full-Text Articles in Law

Comparative Advertising In The United States And In France, Charlotte J. Romano Jan 2005

Comparative Advertising In The United States And In France, Charlotte J. Romano

Northwestern Journal of International Law & Business

Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …

Go to article

The Japanese Issues And Perspective On The Convergence Of International Accounting Standards, Mitsuru Misawa Jan 2005

The Japanese Issues And Perspective On The Convergence Of International Accounting Standards, Mitsuru Misawa

Northwestern Journal of International Law & Business

Japan is negotiating diligently with the European Union and is asking for its approval of the Japanese accounting standard as an equivalent to the IFRSs. If the Japanese accounting standard fails to be recognized as an equivalent of the IFRSs, disclosure by Japanese companies based on the Japanese accounting standard currently in the European Union would not be allowed. This would severely affect the financing activities of Japanese companies seeking to raise funds in the European Union. Japanese corporations are also concerned about the possibility that Japanese accounting standards could be branded as inferior to the European or U.S. Accounting …

Go to article

Global Diseases, Global Patents And Differential Treatment In Wto Law: Criteria For Suspending Patent Obligations In Developing Countries, Bradly Condon, Tapen Sinha Jan 2005

Global Diseases, Global Patents And Differential Treatment In Wto Law: Criteria For Suspending Patent Obligations In Developing Countries, Bradly Condon, Tapen Sinha

Northwestern Journal of International Law & Business

Special and differential treatment of members is a controversial subject at the World Trade Organization ("WTO") and nowhere is the debate more pronounced than in the context of life-saving medicines and patent protection. However, concerns have been raised in WTO negotiations regarding how to ensure that special and differential treatment targets developing countries' trade, financial and development needs, without prejudicing the rights of other WTO members. In the fall of 2003, the WTO adopted a decision to amend the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") in order to enhance access to essential medicines in developing countries. In …

Go to article

Meaning, Ambiguity And Legitimacy: Judicial (Re-)Construction Of Nafta Chapter 11, Ari Afilalo Jan 2005

Meaning, Ambiguity And Legitimacy: Judicial (Re-)Construction Of Nafta Chapter 11, Ari Afilalo

Northwestern Journal of International Law & Business

Chapter 11 of the North American Free Trade Agreement (NAFTA) benignly named the "Investment Chapter," is a theater for some of the most advanced issues of 21st century international law and adjudication. The Chapter gives private parties the right to challenge national policies that burden their ability to do business freely. It empowers arbitral tribunals to assess damages against the governments of NAFTA parties. The adjudicators, as this Article illustrates, render opinions with a constitutional flavor in that they assess the validity of domestic norms against larger principles of international economic law. In a drastic move away from classical century …

Go to article

A Dual Catastrophe Of Protectionism, Sungjoon Cho Jan 2005

A Dual Catastrophe Of Protectionism, Sungjoon Cho

Northwestern Journal of International Law & Business

Suppose that a consortium of wealthy and powerful local industries, acting through lawmakers captured by these industries, managed to pass a statute, damaging to the larger public welfare, purely for a protectionist purpose. Suppose further that this statute victimizes exports from a small, poor country such as Vietnam, to a large, rich country such as the United States, because these imported products are cheaper and thus pose a competitive threat to rival domestic industries. Suppose also that courts in the importing country can do little to stop this chain of events. Rational individuals might find these events objectionable, if not …

Go to article

General Exclusion Orders Under Section 337, Gary M. Hnath Jan 2005

General Exclusion Orders Under Section 337, Gary M. Hnath

Northwestern Journal of International Law & Business

Your company, Widgets Unlimited, imports foreign-made widgets into the United States. One day, you're informed that U.S. Customs & Border Protection (Customs) has detained your goods and is determining whether they infringe a patent owned by The American Widget Corporation, based on an exclusion order issued by the International Trade Commission (ITC) after a recent ITC investigation, titled Certain Widgets with Extra Shiny Surfaces. Since you were never a party to any proceeding at the ITC, and indeed, you never even knew American Widget had patents on its widgets, you conclude that there must be some mistake and wait for …

Go to article

Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian Jan 2005

Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian

Northwestern Journal of International Law & Business

Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.

Go to article

Convergence: Challenges, Controversies And Collaboration, David Van Zandt Jan 2005

Convergence: Challenges, Controversies And Collaboration, David Van Zandt

Northwestern Journal of International Law & Business

In this Symposium issue, the Northwestern Journal of International Law and Business has brought together seven outstanding commentators on the possibilities, complexities and controversies of convergence.

Go to article

Creation Of World Wide Accounting Standards: Convergence And Independence, David S. Ruder, Charles T. Canfield, Hudson T. Hollister Jan 2005

Creation Of World Wide Accounting Standards: Convergence And Independence, David S. Ruder, Charles T. Canfield, Hudson T. Hollister

Northwestern Journal of International Law & Business

"Cross-border trading" in the stocks of multinational companies is the code word for the ability of all companies worldwide to be able to sell their securities in the markets of all countries. In a cross-border trading environment, the world's investment resources would be freely available to companies in all countries and capital would be allocated in an optimal fashion. One of the primary barriers to cross-border trading is the requirement that the financial statements of the companies being traded in the securities markets of a particular country be compatible. With comparable financial statements, multinational companies would be able to access …

Go to article

The Use Of International Accounting Standards In The European Union, Alexander Schaub Jan 2005

The Use Of International Accounting Standards In The European Union, Alexander Schaub

Northwestern Journal of International Law & Business

2005 is a watershed year for the application of International Accounting Standards (1ASs) in the European Union. From the first of January this year, all listed European companies must prepare their consolidated accounts using IASs or International Financial Reporting Standards (IFRSs). This requirement represents a quantum leap in the use of a single consistent set of accounting standards for capital markets in the European Union.

Go to article

A Securities Regulator Looks At Onvergence, Donald T. Nicolaisen Jan 2005

A Securities Regulator Looks At Onvergence, Donald T. Nicolaisen

Northwestern Journal of International Law & Business

For many years there has been a dedicated group of practitioners, standard setters, business leaders and others from around the world who have worked to establish a single set of globally accepted accounting standards for the benefit of the capital markets. These people clearly had their hearts in the right place but, absent a binding mandate to apply the standards, it seemed largely a labor of love. Now I expect those pioneering initiatives and the many years of effort to pay off because in 2005 a large number of companies are joining what up to now has been a limited …

Go to article

Contractual Liability Of Suppliers Of Defective Software: A Comparison Of The Law Of The United Kingdom And United States, Stephen E. Blythe Jan 2005

Contractual Liability Of Suppliers Of Defective Software: A Comparison Of The Law Of The United Kingdom And United States, Stephen E. Blythe

Northwestern Journal of International Law & Business

The common law of contracts has its roots in medieval England. Traditional contract law, evolved from the age of feudalism, focused on "hard copy" documents and their authentication. Today, we frequently find ourselves entering into virtual, digital contracts. Instead of signing the written document with a seal, we merely type in our name on the computer screen and click on "I accept." Should contract law be changed to accommodate the digital nature of the modem contract and, if so, to what extent should it be changed? A traditionalist may contend that there is no need to completely overhaul contract law …

Go to article

The Legal Landscape Of The International Art Market After Republic Of Austria V. Altmann, Sue Choi Jan 2005

The Legal Landscape Of The International Art Market After Republic Of Austria V. Altmann, Sue Choi

Northwestern Journal of International Law & Business

In this note, I will show how Republic of Austria v. Altmann, while seemingly advancing the reparation of Nazi-looted art claims, undermines the stability of the international art market and the ultimate ability of future claimants to successfully recover their artwork due to inconsistent application of state and federal statutes. Part I will summarize the recent Supreme Court decision of Republic of Austria v. Altmann and its claim against a foreign country for the return of Nazi-looted art. Part II will examine what current legal protections exist to buffer the threat of litigation over Nazi-looted artwork that is on loan …

Go to article

Cross-Border Securitized Transactions: The Missing Link In Establishing A Viable Chinese Securitization Market, Nicholas J. Faleris Jan 2005

Cross-Border Securitized Transactions: The Missing Link In Establishing A Viable Chinese Securitization Market, Nicholas J. Faleris

Northwestern Journal of International Law & Business

This article proposes that asset-backed securitization in China could be jump-started by first focusing on cross-border (sometimes called transnational) securitization, and by establishing a dependable group of regional investors. Cross-border securitization transactions would enable China to experiment with various packaging of state-owned securities on a trial basis through a transaction-by-transaction process. Thus far, the focus has been specifically on reforming the legal infrastructure so that China eventually would be able to attract investors and capitalize on an emerging market. Rather than attempting to both build an infrastructure and attract asset-backed securitization investors with large, sweeping changes, the market would be …

Go to article

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall Jan 2005

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell Jan 2005

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman Jan 2005

Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer Jan 2005

Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss Jan 2005

Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Erratum Jan 2005

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan Jan 2005

Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker Jan 2005

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson Jan 2005

Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Setting A Global Standard: The Case For Accounting Convergence, David Tweedie, Thomas R. Seidenstein Jan 2005

Setting A Global Standard: The Case For Accounting Convergence, David Tweedie, Thomas R. Seidenstein

Northwestern Journal of International Law & Business

As capital markets play an increasingly central role in today's modern economies, policy-makers are confronted with the question of how to assure the continued effective functioning of these markets and, in particular, how to develop a sound financial reporting infrastructure. Recent experience suggests that such a reporting infrastructure must be built on accounting standards that are consistent, comprehensive, and based on clear principles to enable financial reports to reflect underlying economic reality.

Go to article

International Convergence Of Accounting Standards-Perspectives From The Fasb On Challenges And Opportunities, Robert H. Herz, Kimberley R. Petrone Jan 2005

International Convergence Of Accounting Standards-Perspectives From The Fasb On Challenges And Opportunities, Robert H. Herz, Kimberley R. Petrone

Northwestern Journal of International Law & Business

Convergence of international accounting standards is not a new initiative at the Financial Accounting Standards Board (FASB or Board); in fact, the FASB has pursued international "convergence" for almost half of its more than thirty year existence.' The FASB's international activities initially fell under the heading of harmonization, or internationalization, of accounting standards. Today those activities are referred to as convergence.Whatever the term, the Board has long held the view that a single set of high-quality international accounting standards is desirable because its use will improve international comparability of financial information; reduce costs to financial statement users, preparers, auditors, and …

Go to article

Beyond The Alien Tort Claims Act: Alternative Approaches To Attributing Liability To Corporations For Extraterritorial Abuses, Barnali Choudhury Jan 2005

Beyond The Alien Tort Claims Act: Alternative Approaches To Attributing Liability To Corporations For Extraterritorial Abuses, Barnali Choudhury

Northwestern Journal of International Law & Business

At one time, the only social responsibility of a business was to increase its profits. During this period, businesses prized dictatorships for their ability to provide stable environments and consumers were not concerned with either where or by whom the shoes they wore were made. However, the increase in globalization changed perceptions. Multinational corporations ("MNCs") began to benefit immensely from globalization and those outside of the MNC environment started to realize that an MNC's profit gains brought about a corresponding responsibility to manage any adverse effects of producing those gains . Suddenly, a company's success was measured by factors other …

Go to article

The Myth Of Innocence, Joshua Marquis Jan 2005

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann Jan 2005

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.

Go to article

First Prev Next Last