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University of Georgia School of Law

Series

1998

Articles 31 - 44 of 44

Full-Text Articles in Law

Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang Jan 1998

Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang

LLM Theses and Essays

No abstract provided.

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The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser Jan 1998

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser

LLM Theses and Essays

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either …

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Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang Jan 1998

Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang

LLM Theses and Essays

The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …

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The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …

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The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers Jan 1998

The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers

LLM Theses and Essays

An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d'etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second …

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Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells Jan 1998

Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells

Scholarly Works

In this Article, I argue that there is a wide gap between the aspirations and the actual operation of Federal Courts law. I maintain that, despite the conversational rule forbidding it, raw substance in fact wields significant influence in the resolution of Federal Courts issues. For example, the familiar argument that federal courts should be favored because they are more "sympathetic" to federal claims is really an appeal to naked politics. The empirical premise of this and other arguments of naked politics is that there are structural differences between federal and state courts which affect the outcomes of close cases, …

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Guide To Law And Literature For Teachers, Students, And Researchers, Paul J. Heald Jan 1998

Guide To Law And Literature For Teachers, Students, And Researchers, Paul J. Heald

Scholarly Works

Companion text to Literature and Legal Problem Solving: Law and Literature as Ethical Discourse

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Mediation In Domestic Relations In The United States, Asma Saeed Hussain Jan 1998

Mediation In Domestic Relations In The United States, Asma Saeed Hussain

LLM Theses and Essays

The continuing influence of a myriad of alternative dispute resolution (ADR) techniques has permeated the field of family, and domestic relations law. This thesis reviews mediation as one of the ADR techniques in contrast with traditional court-litigation for divorce, child-custody disputes. The main part of the thesis addresses the weakness and ethical problems of mediation in domestic relations dispute. The thesis concludes with an acknowledgment of the successes of mediation in divorce cases while discussing the importance of the protection of confidential information which parties disclose during the mediation process.

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Business Subsidies And The Dormant Commerce Clause, Dan T. Coenen Jan 1998

Business Subsidies And The Dormant Commerce Clause, Dan T. Coenen

Scholarly Works

In this Article, I seek to respond to the Court's overture with a treatment of of subsidies under the dormant Commerce Clause that moves progressively from the general to the specific. Part I examines key Supreme Court cases to show that the basic question of whether state business subsidies are constitutional remains open and important. Part II then turns to how that question should be resolved, focusing on whether subsidies are fairly distinguishable from ostensibly equivalent, and concededly unlawful, discriminatory tax relief. The thrust of Part II is that both precedent and policy support the traditional, pre-West Lynn Creamer" view …

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The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks Jan 1998

The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks

Scholarly Works

In light of heart-wrenching stories of sexual abuse and public demands for safety, the Kansas v. Hendricks case presented the Supreme Court with compelling facts on which to uphold the Kansas commitment strategy. After all, the statute prevented the release of a man whose history of sex crimes, incarceration, and institutionalization spanned nearly two decades, and who admitted he still had sexual desires for children but could not control his urges. Faced with that evidence, the Court would have been hard-pressed to strike down the Kansas statute by finding that such a predator received inadequate treatment for his disorder, or …

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Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre Jan 1998

Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre

Scholarly Works

Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …

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Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems Jan 1998

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.

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The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest Jan 1998

The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest

LLM Theses and Essays

The recent increase in trademark licensing has drawn the attention of antitrust authorities. This paper focuses on establishing patterns as to the validity, under antitrust law, of “hot” clauses present in medium to long term marketing programs especially in the light of the recent decision of the Supreme Court of the United States in Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451 (1992). The paper explores the contractual policy of having stable legal standards to ensure an efficient implementation of contractual terms that are immunized from adverse antitrust challenges throughout the term of the contract. This paper …

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"The Worst Of Both Worlds" Or Was The Therapeutic Mission Of The Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared To The American Situation, Joerg Fries Jan 1998

"The Worst Of Both Worlds" Or Was The Therapeutic Mission Of The Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared To The American Situation, Joerg Fries

LLM Theses and Essays

Juvenile delinquency and convictions are on a record high in the United States and Germany, and there are concerns about balancing the diversionary interests of the juvenile justice system with the need for public safety. This thesis focuses on a comparison between the German and American Juvenile Court systems by exploring the different theories of punishment, sentencing, criminal law, juvenile delinquency and public safety. The thesis examines the birth of the parens patriae concept and establishment of the American juvenile court, as well as the problems of balancing the penal nature of the criminal law, rehabilitative goals of the juvenile …

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