Law Commons^™

Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway

Articles

In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …

Rebirth Of Chinese Legal Scholarship, A Personal Recollection, Sompong Sucharitkul

Publications

Paper presented at the International Business Law Seminar: Contract Negotiations with China in the 1990's, held at the Northwestern School of Law, Lewis and Clark College, October 28, 1988.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …

Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum

LLM Theses and Essays

The goal of this research is to state the current situation concerning products liability in the United States, the Federal Republic of Germany and more briefly, France and to compare the different systems. Emphasis will be given to the substantive laws, in particular to the new EC Directive and its adoption in the Federal Republic of Germany. Also, it will discuss the current German law, since this will be valid for all claims initiated before the enactment of the new ProdHaftG. Further, based on the previous analysis, it will be shown where a consumer is in the most favorable position …

A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad

LLM Theses and Essays

This paper will begin with an investigation of the activity of the International Labour Organization (ILO) in domestic employment laws. Using this as a yardstick, a comparative analysis of the unfair dismissal laws of the United States and some foreign countries (mainly Western European) will be undertaken. Finally, the issue will be addressed in the South African context. An assessment will be made of the relative quality of the protection afforded workers in South Africa and, using conclusions reached from the comparative study, the validity of calls for a general unfair dismissal statute in the country will be considered.

Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt

LLM Theses and Essays

The approach towards vertical restraints depends heavily on the outcome of the "battle for the soul of antitrust". Therefore, to make the implications of the dispute more comprehensible, this study necessarily has to prefer to the basics of antitrust policy such as legislative history and political underpinnings. The second chapter addresses the underlying values of American and German antitrust laws and compares the concepts chosen to protect these values. Based on these foundations, chapter three evaluates resale price maintenance. In chapter four, the Supreme Court's judgment in Business Electronics Corp. v. Sharp Electronics Corp. is analyzed according to the GWB …

Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Constitutionality Of The Solicitation Or Control Of Third-Country Funds For Foreign Policy Purposes By United States Officials Without Congressional Approval, George Van Cleve

Faculty Articles

This transcription of a speech covers the personal views of Professor Van Cleve regarding constitutionality of solicitation or control of third-country funds for foreign policy purposes. Specifically, he discusses the constitutional issue of the Iran-Contra affair, in which the Reagan administration decided to seek funding for the Contras from third countries.

Judicial Review In The Socialist Legal System: Current Developments, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann

Faculty Scholarship

With its decision in Société Nationale Industrielle Aérospatiale v. United States District Court, the United States Supreme Court resolved what had been widely regarded as "one of the most difficult and important issues in international civil litigation in United States courts." This opportunity arose out of the divergence of views among American courts on the proper way to reconcile the need for full disclosure of evidence with respect for the sensitivities of foreign states where that evidence might be located. The case before the Supreme Court, like many lower court cases, dealt specifically with the impact of the Hague …

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

Articles

A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.

The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation, Curtis J. Milhaupt

Faculty Scholarship

A consular officer, mistaken for a trespasser as he leaves his mission to attend a cultural function, struggles with a police officer and is subsequently charged with assault and battery. The Vienna Convention on Consular Relations provides that consular officers are immune from jurisdiction for "acts performed in the exercise of consular functions." Does the Vienna Convention shield the consular officer from suit? The scope of consular immunity is uncertain because courts differ in their application of the Convention's immunity rule.

This Note argues that a principled interpretation of the scope of consular immunity consistent with the Vienna Convention requires …

Ordeal In Iceland, William I. Miller

Articles

Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …

Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller

Articles

There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …

International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams

Articles & Book Chapters

In the context of increasing terrorist attacks and a unified, internal approach to addressing the problem, this article will consider the following issues: first, should the eradication of the so-called "root causes" of terrorism take precedence over conventions to suppress or punish terrorists; second, the gaps that have been found in the existing multilateral convention approach to international terrorism, and third, the steps that have been taken recently by the concerned specialized agencies of the United Nations to remedy the situation.