Law Commons^™

Cambodia's Law On Secured Transaction, Timothy J. Holzer, Pho Sotheaphal

Akron Law Review

Cambodian law permits the taking of and the perfecting of a security interest in movables (e.g., goods) and in intangibles (e.g., legally enforceable rights, such as contracts and rights in property.) Cambodia’s system is strongly patterned after Article 9 of the Uniform Commercial Code as developed in the United States. Perfection (i.e. notice to third parties that a security interest exists) is usually effected by the filing of a notice at the Secured Transactions Filing Office (the “STFO”) of the Ministry of Commerce, although sometimes physical possession may be required. However, conflicting or ambiguous provisions in other Cambodian laws may …

Non-Competition Agreements Under Vietnamese Law: Protection Of Trade Secrets And Free Choice Of Employment As Two Sides Of The Same Coin, Nguyen The Duc Tam, Le Nguyen Hong Nhung

Akron Law Review

If you ask many employers in Vietnam why they use non-competition agreements (noncompetes), they will confidently tell you that they are trying to protect their legitimate ownership interests. However, what they are less confident about is the legal enforceability of noncompetes. Such uncertainty hurts both employers and employees. The ambiguity regarding the enforceability of noncompetes not only discourages employers from bringing trade secrets into Vietnam but also deprives employees of opportunities for employer investment and personal development. In this article, we argue that noncompetes should be enforceable in Vietnam. However, noncompetes should be binding only if they are necessary to …

Sustaining Vietnamese Economic Development By Improving The Transparency Of Choice Of Law Decisions, Luong Duc Doan, Trinh Thi Hong Nguyen

Akron Law Review

Without a doubt, Vietnam has enjoyed outstanding economic performance since the adoption of doi moi in 1986. To a significant extent, Vietnam has accomplished this through the dramatic increase in international trade and investment. However, further economic progress will be undermined if international partners begin to question the fairness of the Vietnamese legal system – especially in the application of choice of law principles. At best, a perceived lack of transparency in choice of law decisions will increase uncertainty; at worst, it will foster the impression that Vietnamese Courts do not treat international parties fairly. Accordingly, this article recommends that …

The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan

Akron Law Review

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …

Global Networks And The Legal Profession, Laurel S. Terry

Akron Law Review

This Article addresses the topic of global legal profession networks. The thesis of this article is that lawyers’ connection to global legal profession networks - meaning the relationships that lawyers and their employers form with individuals and institutions in other countries - is valuable for both the lawyers themselves, and for their clients. Although scholars have written about different kinds of legal profession-networks, this is the first article I am aware of that focuses on the topic of global legal profession networks and seeks to identify the various opportunities that lawyers and their employers have to participate in these kinds …

Courts Increasingly Demand That Businesses Break The Law, Geoffrey Sant

Akron Law Review

United States courts are demanding that businesses break foreign laws at an exponentially increasing rate. A practice that was virtually unheard of only 30 years ago is now so widespread that U.S. courts are ordering foreign lawbreaking in the most trivial discovery matters. When a court receives a discovery request that violates a foreign law, it applies the 5-part Aérospatiale balancing test—a test where 4 of the 5 factors are left to the subjective decisions of the judge. By ordering foreign law breaking, our courts—often biased in favor of United States discovery rules—are encouraging abusive litigation tactics, undermining the rule …

The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky

Akron Law Review

Over the past twenty years, the international criminal tribunals have increasingly relied upon expert testimony describing the intergenerational and cultural effects of mass trauma events in their decisions. The admission of such broad, generalized expert testimony is facilitated by permissive rules of evidence and the broad and complex scope of international criminal litigation. To date, few litigators have attempted to present American courts with similar expert testimony. This article explores the admissibility and uses of this kind of evidence in American legal forums and provides a how-to guide for practitioners hoping to use similar testimony to build their cases.

Clash Of Cultures: Epistemic Communities, Negotiation Theory, And International Lawmaking, S. I. Strong

Akron Law Review

International lawmaking has become an increasingly important feature in today’s globalized society, although the process is often complicated and less than transparent to outsiders. Most scholars seeking to understand international lawmaking adopt a political paradigm. However, it is critical to consult other analytical models if every facet of the process is to be fully appreciated.

This Article expands the conventional understanding about international lawmaking by applying a negotiation-analytic perspective to certain ongoing deliberations at the United Nations Commission on International Trade Law (UNCITRAL). In particular, the analysis considers how disparities between different epistemic communities could affect the shape and future …

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United Nations Charter, with its Statute of the International Court of Justice, offers mankind's best hope of attaining a world order of permanent peace through the substitution of the peaceful policies and procedures of International Justice for the jungle law of military might.

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war.

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United States Senate, on July 28, 1945, by a vote of eighty-nine to two, passed the Resolution of Ratification of the Charter of the United Nations with the Statute of the International Court of Justice annexed thereto. The treaty had been formulated at the United Nations Conference on International Organization, in San Francisco, and signed on June 26, 1945.

Editorial Foreword, Donald E. Wright

Akron Law Review

In recent years, much public comment has centered on the issue of delay in civil and criminal litigation. A survey of six Northeastern Ohio counties was published in 1970 under the title: ORDER IN THE COURTS. The report failed to stir active concern in the legal community because of the lack of available standards against which disposition figures could be measured.

Political Offences In Taiwan: Laws And Problems, Ming-Min Peng

Akron Law Review

The subject of this study is what the politically restrictive laws in Taiwan are which have been playing the most decisive role in the politics of "national emergency" of the Nationalist Government, how they operate in practice, how they square with the official Chinese Nationalist Constitution and what the impact is of these laws on the Chinese Nationalist legal system.

Recent Developments In Aerial Hijacking: The Issue Of Liability, Lee S. Kreindler

Akron Law Review

"My part of the program insofar as hijacking is concerned is, as you might expect, the liability part of the program. I have been asked to discuss who is liable, if anybody, in hijacking incidents."

Recent Developments In Aerial Hijacking: The Role Of International Negotiation, Robert P. Boyle

Akron Law Review

I WOULD LIKE TO COMMENT on what Mr. McPherson has said from two different points of view. In the first place, I would like to talk about the development of air law, international air law, through the treaties he has mentioned. I would also like to talk a little bit about the fact that the air law problem is one with a minor exception referred to in the Montreal Sabotage Agreement,' which really takes account of what you do with the hijacker after the hijacking has occurred, and you have him in your clutches. It does not talk too much …

Recent Developments In Aerial Hijacking: An Overview, Ian E. Mcpherson

Akron Law Review

"Although this part of the symposium has been entitled 'Recent Developments in Aerial Hijacking',I feel that it might be useful if we had a brief refresher on the development of the international law relating to this subject."

A Response To Lee Kreindler, Robert P. Boyle

Akron Law Review

"...the claimant does not necessarily suffer all the disadvantages Lee Kreindler notes and that there are real compensatory advantages to the international passenger under the Guatemala Protocol system."

Prefatory Remarks To The International Law Symposium On The Guatemala Protocol And Recent Developments In Aerial Hijacking, Hamilton Desaussure

Akron Law Review

The Am Law Symposium recorded in this edition of the Akron Law Review covers two topics: The Guatemala Protocol of 1971, and Aerial Hijacking. The Guatemala Protocol places a higher limit on liability of air carriers where a passenger on board a scheduled international air flight is killed or injured. Recently a New York judge ruled a hijacking incident an "accident" within the meaning of the Warsaw Convention.' It has also been ruled that mental suffering alone may be compensable under Article 17 of that Convention.

Juridical Control Of Terrorism, William T. Mallison

Akron Law Review

The present comment is written upon the basic assumption that the purpose of the juridical doctrines designed to control terror is to reduce, and if possible to eliminate, the destruction of human and material values involved in acts of terror. Professor Bassiouni approaches this problem through a threefold categorization of terror based upon motivation: first, terror designed to promote the private gain or profit of common criminals; second, terrorism by the mentally ill, and third, ideologically motivated terrorism. He deals primarily with the third one. This categorization is useful since it leads directly into a study of the causes of …

Selected Terroristic Claims Arising From The Arab-Israeli Context, Jordan J. Paust

Akron Law Review

This paper addresses itself to a subject of great importance and complexity-terrorism in the Mid-East conflict. Recognizing the vastness of this complex subject matter, this presentation focuses upon and confines its scope to the content of relevant international law and the efforts by some of the participants in the Mid-East struggle to justify conduct or to seek approval of conduct through changes in the law. It should be understood that the attempt herein is to consider law as it is and law as it might develop-not to debate the propriety or impropriety of the Israeli or Arab cause or of …

Methodological Options For International Legal Control Of Terrorism, M. Cherif Bassiouni

Akron Law Review

THE TITLE OF MY PRESENTATION differs from the general title of this Conference which misleadingly links terrorism and the Middle East. Unintended inferences will inevitably be drawn from that title. This can only be deplored in light of the serious efforts of those concerned scholars who are seeking rational solutions to the complex problem of "terror-violence."

Social and behaviorial scientists will in time tell us more about the conditions, reasons, causes and motivations leading to "terror-violence." With such knowledge jurists will be better equipped to develop the type of legal controls most likely to reduce the impact of violent strategies. …

An Approach To Decision With Regard To Terrorism, Jordan J. Paust

Akron Law Review

To Professor Baxter's chagrin, the words "terror" and "terrorism" i-have been thrown about as well as words such as "criminal," and banditry." I believe that one of the problems that we should face at this time is the definitional approach. We should direct our inquiry to a definitional framework; 'because, this is exactly what has been the problem at the General Assembly of the United Nations, this "politicized throwing about" of conclusionary words without any reference to context or a set of criteria -for a shared definition of what the term means. The definitional approach that I would utilize is …

A Skeptical Look At The Concept Of Terrorism, R. R. Baxter

Akron Law Review

International Law is that body of law which creates rights for me and duties for you. I fight wars of self-defence. You fight imperialistic wars of aggression. I am a patriotic soldier. You are a war criminal. I am a freedom fighter. You are a terrorist. It is in language of this character that we carry on rational discourse in these days. These are the conventional epithets of the contemporary epic.

We have cause to regret that a legal concept of "terrorism" was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no …

Symposium: Terrorism In The Middle East, Hamilton Desaussure

Akron Law Review

TERRORISM, LIKE THE RECENT tornados which struck in the Midwest, can come upon the unwary with lightning swiftness, strike in unexpected places, leave in their trail devastation, death, and helpless victims, and generate in relatives, friends, and a concerned public a sense of frustration and futility. Frustration in the sense that there was so little forewarning of the dramatic events that are to leave the lives of certain individuals forever changed. Futility that so little seems to be accomplished to prevent such destructive forces from again unfolding. The tornado that struck Xenia, Ohio, on April 3, 1974, took more than …

International Joint Ventures And The U.S. Antitrust Laws, James R. Atwood

Akron Law Review

"This paper deals with only a limited class of international joint ventures and with only one body of law. It is therefore incomplete but more manageable in scope. I address only questions under United States antitrust laws, excluding those raised by foreign or international antitrust. Also, consistent with the Symposium's topic I limit myself to joint ventures involving foreign business activities by U.S. companies. This excludes joint ventures between solely foreign firms, and those between U.S. companies and foreign entities where the locus of the venture is to be the United States. These other forms of joint ventures present competitive …

Recent Developments In International Antitrust, Joel Davidow

Akron Law Review

"IN THIS ERA of relative peace, many nations, including our own, are focusing more attention on important international economic issues rather than on military or political questions. These current issues include how to control abuses by multinational corporations, how to deal with commodity cartels, how to achieve a satisfactory transfer of technology to less developed nations, and how to create additional export opportunities for nations with a shortage of foreign exchange. In a broad sense, all these subjects can be viewed as involving issues of international antitrust or competition policy."

Nuclear Powered Satellites: The U.S.S.R. Cosmos 954 And The Canadian Claim, Eilene Galloway

Akron Law Review

“On January 24, 1978 the Soviet satellite, Cosmos 954, fell from outer space and entered Canada's airspace. The component parts of this nuclear powered satellite disintegrated and scattered radioactive debris over northwest Canada in an area the size of Austria. Fear of a nuclear explosion and unknown hazards to the environment evoked worldwide alarm. This incident set in motion a variety of studies analyzing one of the most unique multidisciplinary problems created by the use and exploration of outer space. These continuing studies of nuclear power for satellites will lead to decisions of global significance. There is an opportunity to …

The Validity Of Vertical Restraints Under U.S. And E.E.C. Antitrust Laws, Cataldo L. Cammarata

Akron Law Review

The major issues in vertical restraints involve questions of agency, resale price maintenance and territorial and customer limitations. Both the United States and the European Economic Community utilize antitrust law to regulate vertical restraints and the undesirable effects flowing therefrom. This article will assess the posture taken by antitrust law vis-a-vis vertical restraints in the United States and the Common Market and will examine the extent to which a restraint in the distribution field will be considered valid by the two systems

Military Use Of The Space Shuttle, Walter D. Reed, Robert W. Norris

Akron Law Review

There is little doubt that the Space Shuttle will provide a "quantum jump" in man's activity in space. It will provide the means to make the transition from primarily machine-oriented space activities to man-orientated activities. Man's activities will move from exploratory to exploitative. The purpose of this article is to examine the military aspects of this transition in the context of the legal regime of outer space that has evolved in the more than two decades since the orbiting of Sputnik I. Is the prospect of increased military activities and capabilities compatible with this regime or conversely, does the legal …