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Articles 1 - 30 of 96
Full-Text Articles in Law
The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao
Washington International Law Journal
October of 1995 marks the Republic of China's ("ROC") fiftieth anniversary of occupation in Taiwan. The ROC's impressive democratization in recent years follows a history of autocratic rule. Fear of government reprisal and a non-rights oriented neo-Confucian culture contributed to the people's slow assertion of their constitutional rights. Presently, the ROC's paradoxical international status raises important accountability issues. Though domestic courts now provide a more impartial forum for claims to be heard, international remedies are drastically limited should domestic ones fail. Expelled from the U.N. in 1971 and not officially recognized by most nation states, the ROC remains frightfully independent …
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Washington International Law Journal
This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which is …
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
Washington International Law Journal
In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by …
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Washington International Law Journal
The Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") came into force in 1975 as a mechanism for controlling the international trade of threatened and endangered wildlife. In recent years, the international community has become increasingly concerned about the trade of endangered species, particularly tiger and rhinoceros parts, for use in traditional oriental medicines. The market for traditional oriental medicine is growing and has become the main threat to tiger and rhinoceros populations in Asia. This Comment examines the efforts Asian states have undertaken to control the tiger and rhinoceros trade within their borders and …
In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim
Washington International Law Journal
Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure in Taiwan's enactment …
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
Washington International Law Journal
Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the other …
Appellants' Reply Brief
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
Brief Of Appellee-Plantiff Tribes
Brief Of Appellee-Plantiff Tribes
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
Straight-Time Overtime And Salary Basis: Reform Of The Fair Labor Standards Act, Garrett Reid Krueger
Straight-Time Overtime And Salary Basis: Reform Of The Fair Labor Standards Act, Garrett Reid Krueger
Washington Law Review
The Fair Labor Standards Act (FLSA) was passed in 1938 in response to oppressive working conditions and a depressed economy. While FLSA's overtime provisions may have been responsive to the workplace of the 1930s, they are now outdated in the flexible, service-oriented economy of the 1990s and in need of revision. FLSA's salary basis test and corresponding inconsistent treatment of straight-time overtime payments are examples of excessively wooden provisions. Originally adopted to separate well-compensated white-collar employees from blue-collar line workers in need of statutory protection, the salary basis test no longer effectively serves as a gatekeeper for FLSA's overtime provisions. …
What To Do When There's No "I Do": A Model For Answering Damages Under Promissory Estoppel, Neil G. Williams
What To Do When There's No "I Do": A Model For Answering Damages Under Promissory Estoppel, Neil G. Williams
Washington Law Review
Since its inception in the seventeenth century, the common-law action for breach of promise to marry has been the subject of recurrent legal debates. Beginning in the 1930s, some states began passing statutes that abolished the action altogether. Even so, today about half of American jurisdictions retain the breach-of-promise action in some form. This Article advocates a compromise that is not currently the law in any American jurisdiction: parties who breach promises to marry should be liable for damages, but only to the extent they have induced reliance by those to whom they were formerly engaged. Under this proposed model, …
Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy
Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy
Washington Law Review
Federal court decisions conflict regarding the applicability of Title VII of the Civil Rights Act of 1964 to sexual harassment cases where the alleged harasser and victim are members of the same gender. This Comment examines the courts' treatment of same-gender sexual harassment claims and argues that same-gender sexual harassment claims fall within the purview of Title VII as impermissible discrimination. In reaching this position, this Comment demonstrates that Title VII lacks gender-based limitations. It then argues that no valid justification exists for distinguishing between same-gender sexual harassment and sexual harassment involving members of different genders. Finally, this Comment suggests …
Pro-Choice Taxation: Consistent Tax Treatment Of Stock Redemptions At Divorce, Richard E. Fogg
Pro-Choice Taxation: Consistent Tax Treatment Of Stock Redemptions At Divorce, Richard E. Fogg
Washington Law Review
The Ninth Circuit and the Tax Court have disagreed on the circumstances in which nonrecognition of gain under § 1041 of the Internal Revenue Code may extend to a spouse who redeems stock at divorce. This conflict is representative of a larger problem surrounding the question of which spouse to tax on the redemption of stock incident to divorce. This Comment examines the tension between the policy underlying § 1041 and the temporary regulations, and identifies the tension as the cause of inconsistent judicial decisions. This Comment also proposes an amendment to the Code that provides both certainty to the …
Pinpointing The Beginning And Ending Of A Temporary Regulatory Taking, Gregory M. Stein
Pinpointing The Beginning And Ending Of A Temporary Regulatory Taking, Gregory M. Stein
Washington Law Review
The Supreme Court has held that if a government body regulates land to such an extent that it effectively takes the property, then it must pay just compensation to the landowner. Even if the government elects to rescind the offending regulation, it still must provide compensation to the owner for the duration of the regulatory taking. Unfortunately, the Court has had no occasion to determine when such temporary regulatory takings become effective and when they terminate, and the lower courts only rarely have reached these difficult remedial questions. This Article seeks to pinpoint precisely when a temporary regulatory taking begins …
The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm
The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm
Washington Law Review
Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the preferences are to be followed in the absence of good cause to the contrary, it does not include a corresponding definition of what constitutes good cause. The result under this vague standard has been a lack of uniformity in state court treatment of the "good cause" determination. This Comment …
Reply Brief Of Appellants Washington Harvest Divers Association
Reply Brief Of Appellants Washington Harvest Divers Association
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
State's Response Brief
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
Brief Of Plaintiff/Appellee Tribes
Brief Of Plaintiff/Appellee Tribes
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
Profile, Summer 1995, Vol. 5, No. 1
Appellant's Brief
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
Opening Brief Of Appellants
United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))
No abstract provided.
Reply Brief For Appellants
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
Brief Of The Appellee Lummi Indian Nation
Brief Of The Appellee Lummi Indian Nation
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
Brief For Appellee United States Of America
Brief For Appellee United States Of America
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
Brief For Appellee Indian Tribes
Brief For Appellee Indian Tribes
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
Appellee Lummi Indian Nation Brief
Appellee Lummi Indian Nation Brief
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
Brief For Appellee State Of Washington
Brief For Appellee State Of Washington
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
Washington Law Review
This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.
Law And Policy Of Securities Regulation In Korea, Sang-Hyun Song
Law And Policy Of Securities Regulation In Korea, Sang-Hyun Song
Washington International Law Journal
This Article describes the regulation of securities in Korea, exploring in detail the Securities Exchange Act of 1962. The current system of registration, disclosure, and enforcement is explained, with special attention given to the regulation of market professionals and of international securities offerings. This Article identifies areas in which the current Korean securities laws need improvement, and concludes that laws governing disclosure and international securities transactions must be improved if the Korean stock market is to continue to grow apace with the Korean economy.
Apec Focus: Accomplishment And Challenge, Desaix Anderson
Apec Focus: Accomplishment And Challenge, Desaix Anderson
Washington International Law Journal
The economic opportunities and the challenges the United States faces in the Asia Pacific region are both daunting and exhilarating. Prospects are describable only in megaterms: the doubling of energy needs within the decade; one trillion dollars of new infrastructure projects envisaged over ten years; the integration not only of China into the regional economy, but also the emergence of India, with a population which is expected to exceed China's in the next century; the massive environmental rehabilitation requirements, for example, in China; staggering food supply requirements; exploding telecommunications networks and educational exchange opportunities. Developments in Asia and the Pacific …
The Mandatory Disclosure System And Foreign Firms, Joel Seligman
The Mandatory Disclosure System And Foreign Firms, Joel Seligman
Washington International Law Journal
This Article examines the disclosure requirements for foreign and domestic securities imposed by the Securities and Exchange Commission, paying special attention to the balance between investor protection and the free flow of capital internationally. As the world economy becomes increasingly global, foreign issuers and their governments, who in the past have had to meet more stringent requirements to issue their securities in the United States, are pushing for less restrictive treatment. This Article describes the progress that has been made towards this end.