Law Commons^™

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann

Scholarly Works

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …

International Law And The Environment, Daniel Barstow Magraw

Proceedings of the Sino-American Conference on Environmental Law (August 16)

18 pages.

Contains 3 pages of references.

Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow

Faculty Publications

No abstract provided.

Terrorism And International Law, Sompong Sucharitkul

Publications

No abstract provided.

Outline Of A Talk On The Problem Of Jurisdiction In The Context Of International Terrorism, Sompong Sucharitkul

Publications

No abstract provided.

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

All Faculty Scholarship

On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

Federal Statutes, Executive Orders And "Self-Executing Custom", Frederic L. Kirgis

Scholarly Articles

None available.

Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby

Scholarly Works

No abstract provided.

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.

Symposium: State Sponsored International Terrorism (Panel Discussion), Alberto Coll

College of Law Faculty

No abstract provided.

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

Scholarly Works

Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.

Jus Cogens: Guarding Interests Fundamental To International Society, Gordon A. Christenson

Faculty Articles and Other Publications

The following sections attempt to analyze the concealed uses of the concept jus cogens and to offer an interpretation of its possibilities and dangers for a future world order. First, the inquiry is framed by introducing criteria for peremptory norms, the theme of dual formalism, and the problematic analogy to public order in municipal law. A review of the concept's contemporary development follows. The inquiry then explores ideological conflict and some questions of content, including two recent decisions against the United States. The final section revisits the myth of supernorms, including the problem of dissonance with ordinary norms, incommensurability of …

Fiscal Policy Impacts On Foreign Direct Investments In The United States, Gerd Braunig

LLM Theses and Essays

Foreign direct investments in the United States have increased significantly over the last several years. Although not a new

phenomenon the acceleration of the growth is noteworthy. In 1980 foreign investors spent $11 billion to acquire or establish businesses

in the United States, which increased the foreign direct investment position at the end of the year to 20% or $65 billion. Though the 1980 increase was less than the $12 billion inflow the foreign investment position remains significant. Moreover, there is an increased rate of reinvested earnings by incorporated affiliates.

This thesis concentrates on the influence of

fiscal policy on …

International Courts And The Efficacy Of International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Somber Reflections On The Compulsory Jurisdiction Of The International Court, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Observations - Institute Of International Law Yearbook, Sompong Sucharitkul

Publications

No abstract provided.

Les Missions Diplomatiques Entre Deux Chaises: Immunite Diplomatique Ou Immunite D'Etat?, Jean Salmon, Sompong Sucharitkul

Publications

Published in 33 Annuaire Francais de Droit International 163 (1987).

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

Custom On A Sliding Scale, Frederic L. Kirgis

Scholarly Articles

None available.

The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone

Faculty Publications

No abstract provided.

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Book Review Of The Palestine Problem In International Law And World Order, Linda A. Malone

Faculty Publications

No abstract provided.

Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf

Faculty Articles

In 1987, the 6th annual American Red Cross-Washington College of Law Conference on International Humanitarian Law convened to discuss the 1977 Protocols Additional to the 1949 Geneva Conventions. This article outlines the proceedings of the various workshops, serving as a richly detailed scholarly source for a significant historical event.

Book Review Of The Human Rights Of Aliens In Contemporary International Law, By Richard B. Lillich, Owen Kupferschmid, Ruti G. Teitel

Other Publications

No abstract provided.

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Chernobyl Fallout: Recent Iaea Conventions Expand Transboundary Nuclear Pollution Law, Michael A. Heller

Faculty Scholarship

After releasing a radioactive cloud over Europe, the April 1986 nuclear power plant accident at Chernobyl in the USSR sparked a chain-reaction of diplomatic negotiation that culminated in two recent International Atomic Energy Agency (IAEA) conventions on nuclear accidents. The Convention on Early Notification of a Nuclear Accident (Convention on Early Notification) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Convention on Assistance) were both opened for signature on September 26, 1986 at the end of a three-day IAEA special session on the lessons of the Soviet nuclear plant disaster. In the months …

American Retreat From Extraterritorial Antitrust Enforcement: Consequences Of New Legislative Policies For An International Competitive Economy, George E. Garvey

Scholarly Articles

No abstract provided.