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Articles 31 - 60 of 84
Full-Text Articles in Law
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
Washington International Law Journal
The judgment of the Hong Kong Court of Final Appeal ("CFA") in the right of abode case has created several constitutional issues, three of which will be addressed in this paper. They are: (1) whether the CFA has the authority to review Chinese legislation; (2) whether the National People's Congress Standing Committee ("NPCSC") should interpret or amend the Basic Law; and (3) whether an original legislative intent approach or a purposive approach should be adopted for the interpretation of the Basic Law. Prompt resolution of these issues is necessary to resolve constitutional uncertainty in Hong Kong. Successful resolution of these …
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Washington International Law Journal
Under Korean law, local theaters in Korea must show Korean films for at least 146 days each year. In 1998, this screen quota became the subject of heated debate between the United States and the Korean film industry when the United States demanded that Korea abolish it. The United States believes the quota violates free trade principles, while the Korean film industry argues that cultural products such as films cannot be equated with other commercial commodities. Cultural identities must be protected because a diversified global culture benefits all. Domestic film industries should be protected because films constitute a vehicle for …
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
Washington International Law Journal
On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …
A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson
A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson
Washington International Law Journal
For the past three decades, the repressive military junta that has ruled Burma has engaged in torture, extra-judicial killings, compulsory labor, and arbitrary arrests and detentions. Economic growth and human development in Burma have stagnated. In response to human rights abuses and uninhibited drug production and trafficking, the United States imposed investment sanctions on Burma in 1997. However, Burma's regional alliances and illicit profits from drugs have filled any vacuum left by withdrawal of U.S. investments and have neutralized the effect of the sanctions. Therefore, the United States needs to rethink its current sanctions scheme. The United States should consider …
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Washington International Law Journal
Both Japan and the United States face the ongoing threat of intentional and preventable pollution. From 1970 until the mid-1980s, Japan utilized its environmental crime laws to punish and prevent intentional and preventable acts of pollution. After this period, however, the number of environmental crime arrests and prosecutions in Japan declined. In contrast, since the 1980s, the United States has continued to expand the number of prosecutors and investigators dedicated to the enforcement of environmental crime laws. These divergent trends can be explained by the different pollution histories, enforcement personnel structures, regulatory strategies, and case law of the two countries. …
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
Washington International Law Journal
In response to pressure from the United States, Thailand amended its Patent Act in 1992 and 1999 to provide patent protection for drugs and to limit its control on the pricing, importation, and compulsory licensing of patented drugs. These amendments and, perhaps even more importantly, the threat of U.S. trade sanctions, will probably ensure continued high prices and thus restricted access to new, patented Acquired Immune Deficiency Syndrome ("AIDS") drugs in Thailand. These drugs have dramatically changed the length and quality of life of patients infected with Human Immunodeficieny Virus ("HIV") in developed countries. About one million Thais are infected …
Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi
Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi
Washington International Law Journal
Japan's Nationality Law has evolved into a law that tends to prevent or eliminate dual nationality. This characteristic conforms with the traditional view that every country should take steps to avoid situations of dual nationality. It also fits in with Japan's cultural homogeneity and long-developed sense of national loyalty. For over a century, the world viewed dual nationality as an evil to be avoided because of conflict of loyalty problems and difficulties with diplomatic protection. However, the postwar globalization process has produced a desire in many people to have dual nationality as a part of their global identity. Fewer conflicts …
Reply Brief Of Appellant Muckleshoot Indian Trive Responding To Joint Brief Of Appellees Puyallup, Swinomish And Suquamish Tribes And Brief Of Appellee Tulalip Tribes
United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))
No abstract provided.
Copyright Statutes That Regulate Technology: A Comparative Analysis Of The Audio Home Recording Act And The Digital Millennium Copyright Act, Benton J. Gaffney
Copyright Statutes That Regulate Technology: A Comparative Analysis Of The Audio Home Recording Act And The Digital Millennium Copyright Act, Benton J. Gaffney
Washington Law Review
Over the past two decades, as the presence of digital technology has become more and more ubiquitous, its tremendous capabilities of reproduction and distribution have created difficult issues for copyright law. Recently, Congress has addressed some of these issues by taking the nontraditional approach of directly regulating the manufacture, development, and distribution of technology. In 1992, Congress enacted the Audio Home Recording Act, requiring that all digital audio recording devices possess a serial copy management system to limit the copying of digital music recordings. Six years later, Congress passed the Digital Millennium Copyright Act, making it a crime to manufacture …
Disobedience And Contempt, Margit Livingston
Disobedience And Contempt, Margit Livingston
Washington Law Review
A court's power to impose contempt sanctions on recalcitrant individuals is essential to ensure orderly judicial proceedings and obedience of judicial decrees. Despite repeated efforts to distinguish between civil and criminal contempt and the procedures required for each, the U.S. Supreme Court arguably has failed to delineate a precise demarcation between the two that considers both the due process interests of alleged contemnors and the remedial needs of party plaintiffs. This Article suggests that the Court's latest major decision on the differences between civil and criminal contempt, International Union, United Mine Workers v. Bagwell, represents the high water mark …
Justice At The Margins: Equitable Tolling Of Washington's Deadline For Filing Collateral Attacks On Criminal Judgments, Mark A. Wilner
Justice At The Margins: Equitable Tolling Of Washington's Deadline For Filing Collateral Attacks On Criminal Judgments, Mark A. Wilner
Washington Law Review
RCW 10.73.090 establishes a one-year deadline for appealing a final criminal judgment in Washington State. This Comment argues that this one-year deadline should be subject to the doctrine of equitable tolling, which can prevent a statute of limitation from expiring when extraordinary circumstances preclude timely filing. After examining the text, legislative history, structure, purpose, and policy implications of RCW 10.73.090, this Comment demonstrates that the one-year deadline does not operate as a jurisdictional bar, which would revoke judicial power to hear a postconviction appeal after one year under any circumstances, but instead acts as a statute of limitation subject to …
"To Say The Greatest Matters In The Simplest Way": A "First Economic Injury" Rule As A Restatement Of Directness Standing Requirements In Federal Antitrust Law, Christopher B. Durbin
"To Say The Greatest Matters In The Simplest Way": A "First Economic Injury" Rule As A Restatement Of Directness Standing Requirements In Federal Antitrust Law, Christopher B. Durbin
Washington Law Review
In addition to traditional constitutional standing analysis, federal antitrust law examines a potential plaintiff's claims under a series of specialized standing requirements. One of these requirements is that the plaintiff's injury be a "direct" result of the antitrust violator's misconduct. This requirement has been prominent in recent tobacco litigation where union health care trust funds sued the major tobacco companies in antitrust to recover the costs of treating nicotine-addicted beneficiaries. Federal courts generally denied standing to the trust funds for several reasons, one of which was the trust funds' failure to satisfy the directness requirements. This Comment analyzes the tests …
Hate Exposed To The Light Of Day: Determining The Boy Scouts Of America's Expressive Purpose Solely From Objective Evidence, Cara J. Frey
Hate Exposed To The Light Of Day: Determining The Boy Scouts Of America's Expressive Purpose Solely From Objective Evidence, Cara J. Frey
Washington Law Review
In the 1980s, the U.S. Supreme Court took considerable steps toward decreasing the uncertainty surrounding an organization's associational freedoms by requiring an organization seeking to exclude individuals solely based on status to prove that its expressive purpose would be undermined if it included such members. However, these Supreme Court cases failed to establish any consistent approach to determining an organization's expressive purpose. Problems have arisen most acutely with the claims of gays seeking to be included in the Boy Scouts of America (BSA), an organization with a multifaceted and vague message. As the law now stands, courts have broad discretion …
The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford
The Search For A Distinct Religious-Liberty Jurisprudence Under The Washington State Constitution, Katie Hosford
Washington Law Review
Article I, Section 11, of the Washington Constitution, titled "Religious Freedom," provides more protection for free exercise of religion and the separation of church and state than the First Amendment to the U.S. Constitution. Because the state constitution provides broader protection for each right, a natural tension arises between the two rights. However, rather than relying on the text of the state constitution, the Supreme Court of Washington has imposed an entirely federal analysis on free exercise cases brought under Washington law. In addition, the establishment cases under Article I, Section 11, have inconsistently interpreted the language of the state …
Municipal Police Power In Washington State, Hugh D. Spitzer
Municipal Police Power In Washington State, Hugh D. Spitzer
Washington Law Review
Local governments in Washington State have enjoyed strong regulatory powers since the state's constitution was adopted in 1889. Those "police powers" initially focused on the protection of public health and safety, but broadened in the early twentieth century to encompass the protection of consumers and employees and the promotion of the general welfare. The Supreme Court of Washington sparingly applied "substantive due process" as a brake on the police power and promptly dropped that doctrine when the U.S. Supreme Court ceased its use in the 1930s. However, the vocabulary of substantive due process lived on in state court opinions defining …
Disappearing Without A Trace: Sections 11 And 12(A)(2) Of The 1933 Securities Act, Hillary A. Sale
Disappearing Without A Trace: Sections 11 And 12(A)(2) Of The 1933 Securities Act, Hillary A. Sale
Washington Law Review
The judicially created tracing requirement thwarts the remedial sections of the 1933 Securities Act (the "Securities Act") by requiring shareholders to prove the impossible—that their securities were actually issued in the questioned offering. Since 1967, courts addressing this issue have, without question, adopted a requirement for section 11 that plaintiff-shareholders trace their shares to the offering. Recently, courts have expanded it to apply to section 12(a)(2) as well. For any but the first purchases of a share of stock, this requirement has always been virtually impossible to meet. Courts have also used the 1995 opinion in Gustafson v. Alloyd Co. …
Wake-Up Call: Using The Washington Shoreline Management Act To Protect The Shorelines Of Puget Sound From High-Speed Vessel Wake Wash, Cory J. Albright
Wake-Up Call: Using The Washington Shoreline Management Act To Protect The Shorelines Of Puget Sound From High-Speed Vessel Wake Wash, Cory J. Albright
Washington Law Review
Wake wash from high-speed vessels such as the Chinook passenger ferry accelerates erosion, destroys kelp and shellfish beds, and endangers recreational boaters in Puget Sound. The Washington Shoreline Management Act (SMA) grants the Washington State Department of Ecology (DOE) and local governments authority to regulate water uses in order to protect the shoreline environment. The federal Coastal Zone Management Act echoes this policy and mandates federal-state cooperation in the development and protection of the coastal zone. Although the U.S. Coast Guard traditionally regulates vessel traffic in Puget Sound pursuant to Title I of the Ports and Waterways Safety Act, the …
Brief Of Intervenor - Plaintiffs/Petitioners - Appellees Puyallup Indian Tribe, Suquamish Indian Tribe And Swinomish Indian Tribal Community
United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))
No abstract provided.
Brief Of Intervenor- Plaintiff/Appellee The Tulalip Tribes Of Washington
Brief Of Intervenor- Plaintiff/Appellee The Tulalip Tribes Of Washington
United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))
No abstract provided.
Brief Of Appellant Muckleshoot Indian Tribe
Brief Of Appellant Muckleshoot Indian Tribe
United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))
No abstract provided.
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Washington International Law Journal
In 1994, China enacted a comprehensive State Compensation Law ("SCL"). The SCL provides individuals and legal entities with the right to compensation in a limited number of situations in which they are harmed by illegal government acts. The purpose of the law is twofold: (1) to guarantee the rights of individuals and legal entities to obtain compensation and (2) to encourage state officials to exercise their powers lawfully. In theory, the SCL provides an important check on the conduct of procurators and other government officials. China's procurators serve dual roles as criminal prosecutors and as supervisors of the legal process. …
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
Washington International Law Journal
Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …
Firearm And Sword Possession Control Law, Mark Alleman
Firearm And Sword Possession Control Law, Mark Alleman
Washington International Law Journal
This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.
One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard
One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard
Washington International Law Journal
It came as no small surprise when it was announced in February 1998 that the Chinese mainland ("the Mainland") and Hong Kong had agreed to enter into an arrangement for the avoidance of double taxation of income. Although concerns of double taxation between the Mainland and Hong Kong tended to be more academic than practical, this arrangement helps establish a firm foundation for future co-operation by the Mainland and Hong Kong on trade and other economic matters. From a Hong Kong taxation perspective, it is one of the most significant developments to have occurred for a very long time. From …
The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung
The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung
Washington International Law Journal
The Juvenile Law in Japan turned fifty years old on January 1, 1999. Japan enjoys one of the lowest overall crime rates of any industrialized nation, but its juvenile crime rate is on the rise. The rise in juvenile crime has prompted Japanese legislators to propose changes to the Juvenile Law. This Comment argues that the majority of the proposed revisions, which do not focus on rehabilitation, should not be adopted and that social controls already in place are sufficient to combat any increase in juvenile delinquency. Japanese culture has unique characteristics that contribute to its low crime rate. In …
Antitrust In Japan: The Original Intent, Harry First
Antitrust In Japan: The Original Intent, Harry First
Washington International Law Journal
This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …
Bouvier's, Black's, And Tinkerbell, Mary Whisner
Bouvier's, Black's, And Tinkerbell, Mary Whisner
Librarians' Articles
A patron's complaint about the location of a dictionary leads Ms. Whisner to ponder the nature of cognitive authority and its impact on how we assess reference tools.
Keeping Up Is Hard To Do, Mary Whisner
Keeping Up Is Hard To Do, Mary Whisner
Librarians' Articles
An article encouraging librarians to read newspapers to improve their reference service causes Ms. Whisner to think about the value of current awareness reading for law librarians. this leads to speculating about the proper use of the all-too-limited time available to today's busy librarian
On Asking For Help, Mary Whisner
On Asking For Help, Mary Whisner
Librarians' Articles
Women will ask for directions, but men won't. Whether that stereotype is true or not, it is certainly true that while some library patrons will ask for help, many others will not. Ms. Whisner suggests that there is a range of reasons for not asking and that librarians should keep these in mind when devising ways to assist their patrons.
Reference Librarians Do Not Work In Steel, Mary Whisner
Reference Librarians Do Not Work In Steel, Mary Whisner
Librarians' Articles
Reference librarians do not work in steel; when they leave work at the end of the day, there are no tangible structures to show what they have accomplished. Nonetheless, Ms. Whisner suggests, reference librarians make lasting contributions in the lives of their patrons-they do not need to work in steel to take pride in their work