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Articles 1 - 11 of 11
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 …
Foreign Banking Legislation In The U.S., Jun Chen
Foreign Banking Legislation In The U.S., Jun Chen
LLM Theses and Essays
This thesis addresses the dramatic change in legislation for the operation of foreign banks in the U.S in reaction to more recent myriad of opportunities for foreign banks within the U.S. The author takes on an historical perspective to the nature and concept of foreign banking, the International Banking Act of 1978, the Foreign Bank Supervision Enhancement Act of 1991, and the problems and lessons learned from the Daiwa and BCCI scandals. The author concludes with analysis and comments on current U.S. foreign banking legislation while proposing that U.S. banking regulations on foreign banks, though necessary to protect the U.S. …
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 …
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 …
Study Of Electronic Cash: Its Impact On The Economy And Society, And Its Future, Sanjana Prasad
Study Of Electronic Cash: Its Impact On The Economy And Society, And Its Future, Sanjana Prasad
LLM Theses and Essays
Technological advancement has introduced an electronic method for the payment for goods and services. With these advancements and the growth of the internet, the market-place of the world has become one universe without borders. This paper examines the various methods of electronic payment for goods and services and the domestic and international laws that govern their operations. The paper explores concerns about money laundering, counterfeiting, internet security, cyber scams in electronic cash as well as proffered security solutions to these problems. The paper concludes with the proposition that electronic cash in the form of cards (ATM) are more accessible to …
Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner
Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner
LLM Theses and Essays
Child Custody determination in family law is a herculean task. It typically depends on the balancing of interests between two parents that works in tandem with the best interest of the child. This paper addresses the legal and constitutional factors that affect custody adjudication in the 20th century such as feminist jurisprudence, and the growing concept of joint custody with primary caretaker rule. The paper also examines the role and impact of assisted reproductive technology on custody adjudication. Most importantly, the paper focuses on the best interest of the child doctrine under Article 3(1) of the United Nations Convention on …
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 …