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Articles 1 - 13 of 13
Full-Text Articles in Law
Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos
Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos
LLM Theses and Essays
The incremental generation and disposal of hazardous waste, causing severe environmental pollution, has become one the world’s most important ecological problems starting with the Stockholm Conference in 1972. This paper examines two legislative reactions to pollution caused by hazardous wastes in the United States, under the Resource Conservation and Recovery Act 1976 (RCRA), and Argentina, in Law No. 24051. This paper makes a comparative analysis of the material provisions of both the RCRA and the Law with emphasis on the tools and actions provided for the enforcement of the RCRA and the Law. The paper concludes that the RCRA and …
Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar
Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar
LLM Theses and Essays
The continuing oppression and violation of human rights in Mexico is predicated on the abuse of executive power, suppression of the powers of the Comision Nacional de Derechos Humanos (the National Commission for the Protection of Human Rights), and the usurpation of the authority of the judiciary. This thesis conducts a comparative analysis of the protection of human rights under the Constitution of the United States, the German Basic Law, and the Constitution of Mexico. It analyses the concept of the judicial review of executive and legislative powers and advocates for the establishment of a National Court of Human Rights …
American Depository Receipts As A Way For Russian Companies To Enter The U.S. Capital Market, Dmitry Gladkov
American Depository Receipts As A Way For Russian Companies To Enter The U.S. Capital Market, Dmitry Gladkov
LLM Theses and Essays
The international capital market has become more developed in the last two decades because of advances in information technology, increased co-operation among financial regulators and the sophistication of the market players. This paper focuses on depository receipts as an essential element in the market integration process. The paper explores how domestic investors and corporations can acquire, issue and trade in foreign securities on the major stock markets of other countries, especially emerging markets such as the Russian Federation. This paper reviews the development of European Depository Receipts (EDRs), Global Depository Receipts (GDRs) and the American Depository Receipts (ADRs) in the …
Copyright Protection Of Software, Severine Desimpelaere
Copyright Protection Of Software, Severine Desimpelaere
LLM Theses and Essays
Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …
A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville
A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville
LLM Theses and Essays
The idea of information superhighways has been spurred by consumer demand, technological development and political institutions. These advancements and interests require a regulatory framework to control the operation of, and competition within the telecommunications industry. This paper focuses on government regulation of telecommunication carriers, information services (internet), video-programming and wireless telecommunication (spectrum). This paper also highlights the roles of the Federal Communication Commission (FCC) under the Telecommunications Act of 1996 as compared to previous laws prior to the 1996 Act.
Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde
Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde
LLM Theses and Essays
This thesis focuses on the right of victims of political and other unconstitutional convictions to obtain legal relief in Mexico. The thesis critically examines the writs of Amparo and habeas corpus, their uses and enforcements in Mexico, including, the policy for the creation of the writs – liberty. This thesis makes a comparative analysis of the use of the Mexican writ of Amparo and the writ of habeas corpus vis-à-vis enforcement mechanisms in the United States for unconstitutional convictions. The thesis concludes with proposals for amendments to the Amparo statute in Mexico to create the possibility for damages as …
Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya
Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya
LLM Theses and Essays
This thesis focuses on the doctrine of judicial review and the need to establish a constitutional court in Mexico. The paper critically examines the doctrine of judicial review under the common law (US) and civil law (Germany) jurisdictions. Although the doctrine of judicial review in Mexico is a combination of both models, several decades of institutional arrangements prevent the Mexican judicial system from achieving effective instruments to enforce basic constitutional principles and maintain an equilibrium of powers. This thesis proposes a constitutional review that will create independent constitutional courts, with powers to review executive and legislative powers.
International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina
International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina
LLM Theses and Essays
Globalization has resulted in a significant increase in the number of foreign banks operating in the United States and the Republic of Panama, thus requiring regulation. This paper deals with the proposed legislative framework by the Republic of Panama to modernize its foreign banking regulations. The paper examines the dynamics of the Basic Accord Capital Standards and U.S. regulation of foreign banks in comparison to the Panama current banking regulations, with the goal to adopting international best practices. The paper concludes by proposing that the Republic of Panama should embrace regulatory revisions at the same level as regulatory schemes in …
Interaction Between National Environmental Marketing Regulations And International Trade, Pirkko-Liis Harkmaa
Interaction Between National Environmental Marketing Regulations And International Trade, Pirkko-Liis Harkmaa
LLM Theses and Essays
The environmental marketing of goods and products have a substantial influence on the demand and supply. This thesis reviews the scope, advantages and disadvantages of diverse types of environmental marketing and further addresses the need for international regulations on eco-labeling programs. This thesis finds that there is a substantial connection between trade and environmental marketing which has resulted in the need for an international harmonization of eco-labeling strategies including the General Agreements on Tariffs and Trade (GATT). The thesis concludes with propositions for a uniform international standard on eco-labeling for the adoption of environmentally-sound best practices and the mitigation of …
Mediation In Domestic Relations In The United States, Asma Saeed Hussain
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.
Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems
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.
The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest
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 …
"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 …