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Articles 31 - 60 of 96
Full-Text Articles in Law
Securities Regulation In Thailand: Laws And Policies, Pises Sethsathira
Securities Regulation In Thailand: Laws And Policies, Pises Sethsathira
Washington International Law Journal
This Article provides an overview of the new regulatory structure governing capital markets in Thailand as instituted by the Securities Exchange Act of 1992 ("SEA"). Special attention is given to the rules embodied in the SEA as they affect public offerings, fraud, securities businesses, and publicly held companies. The SEA introduces several new concepts to Thai regulation of securities, and these concepts are analyzed, to the extent they can be, given the lack of experience under the new Act.
A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett
A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett
Washington Law Review
This article explores the place of international law in the immigration policy process in four settings: (1) the tentative and ultimately failed efforts of the executive and the judiciary to keep Congress within the bounds of internationally law-abiding conduct with respect to Chinese exclusion; (2) the almost complete disregard by Congress and the executive of international norms concerning health-related travel restrictions relating to HIV/AIDS; (3) Congressional inaction in the face of executive and judicial hypocrisy toward fundamental principles of refugee law in relation to interdiction of asylum-seekers; and (4) the emergence of a perverse canon presuming the abrogation of uncodified …
An Essay On Immigration Politics, Popular Democracy, And California's Proposition 187: The Political Relevance And Legal Irrelevance Of Race, Kevin R. Johnson
An Essay On Immigration Politics, Popular Democracy, And California's Proposition 187: The Political Relevance And Legal Irrelevance Of Race, Kevin R. Johnson
Washington Law Review
My contribution to the Symposium considers how Proposition 187 fits into the peculiar politics of immigration, which in many ways are without parallel. The hope is to shed light on the dynamics culminating in the passage by the California electorate of a measure that in time may prove to be a watershed in immigration policymaking. In analyzing Proposition 187, this Article generally considers the risks posed to discrete and insular minorities by the initiative process and the difficulties in mounting legal challenges under current constitutional doctrine to democratic subordination of minority interests through initiatives. It raises serious questions about whether …
The Role Of Interest Groups In Policy Formulation, Warren R. Leiden
The Role Of Interest Groups In Policy Formulation, Warren R. Leiden
Washington Law Review
In the immigration field, as in most areas of national policy, advocacy groups play an important and sometimes essential role in the policymaking process. Often derided as "special interests" and accused of opposing the "public interest," advocacy organizations are in fact manifestations of the public and give voice to the concerns of specific segments of it. This article will examine how advocacy groups determine policy positions and activities and the nature of their role in the making of public policy on immigration matters.
The Making Of United States Refugee Policy: Separation Of Powers In The Post-Cold War Era, Stephen H. Legomsky
The Making Of United States Refugee Policy: Separation Of Powers In The Post-Cold War Era, Stephen H. Legomsky
Washington Law Review
Thus, there are three features of immigration policy to consider in combination: First, its repercussions are powerful and widespread. Second, with so many conflicting priorities to juggle, the decisions depend heavily on personal values and ideologies. Third, with so many different interest groups in the mix, decisions on immigration policy tend to be shamelessly vulnerable to constituent pressures. What all three factors have in common is that they accentuate the importance of choosing the right decisionmaker. The high impact means that much is at stake, and the last two features mean that the results will often turn on who the …
Making Asylum Policy: The 1994 Reforms, David A. Martin
Making Asylum Policy: The 1994 Reforms, David A. Martin
Washington Law Review
The asylum reforms adopted in 1994 provide an intriguing glimpse into the making of immigration policy in the media spotlight—an intermittent spotlight, in this policy domain, with a short attention span. My primary aim here is to capture the history of those reforms, as it appeared to an outsider who was invited to play an insider's role as a nearly full-time consultant to the Immigration and Naturalization Service (INS) during certain crucial months in summer and fall 1993. The account should also help clarify certain central features of the reforms and offer some insight into key decisions in their shaping. …
In Re Epstein: A Case Of Patent Hearsay, Dennis M. De Guzman
In Re Epstein: A Case Of Patent Hearsay, Dennis M. De Guzman
Washington Law Review
In In re Epstein, the Federal Circuit held that the United States Patent and Trademark Office may rely on hearsay evidence to reject patent applications. This Note examines the effects of the Epstein decision against the backdrop of software patenting and how administrative agencies have traditionally approached the problem of evaluating hearsay. It argues that the Patent and Trademark Office should articulate standards when scrutinizing hearsay in order to provide guidance to examiners and applicants, to prevent placing an unfair burden on applicants, and to thwart the abuse of the patent system.
The Presumption Of Innocence Imperiled: The New Federal Rules Of Evidence 413-415 And The Use Of Other Sexual-Offense Evidence In Washington, Jeffrey G. Pickett
The Presumption Of Innocence Imperiled: The New Federal Rules Of Evidence 413-415 And The Use Of Other Sexual-Offense Evidence In Washington, Jeffrey G. Pickett
Washington Law Review
The U.S. Congress has provisionally enacted three new federal rules of evidence (FRE). In cases of sexual assault or child molestation, FRE 413-415 allow the use, for any relevant purpose, of sexual assault or child molestation evidence not charged in the indictment or information. The new rules would operate in contravention of the traditional prohibition against using evidence of other misconduct for the purpose of proving that the defendant acted in conformity with a particular character trait on the occasion in question. This Comment surveys the arguments for and against the proposed changes. It concludes that Washington should not elect …
Too Much Of A Good Thing? Public Access To Medical Research After Paws V. U.W., Russell K. Yoshinaka
Too Much Of A Good Thing? Public Access To Medical Research After Paws V. U.W., Russell K. Yoshinaka
Washington Law Review
In Progressive Animal Welfare Society v. University of Washington, the Washington State Supreme Court held that Washington's Public Disclosure Act mandated public access to unfunded medical research grant proposals submitted by researchers to public institutions within the state. This holding conflicts with federal policy and the current national standard of maintaining full confidentiality of research grant proposals until after research actually is funded. This Note examines the harmful impact that this decision will have on medical research conducted in Washington and the implications for Washington's biotechnology industry. It recommends that both the Washington legislature and Congress act to ensure that …
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
Washington Law Review
American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost …
Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi
Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi
Washington International Law Journal
In 1993, Malaysia established a Securities Commission to make the securities markets more secure and efficient, and to better control insider trading. This Article first presents an overview of the structure of the Securities Commission and the responsibilities of the various divisions and officers. Second, it reviews the common law and statutory law on which the Commission and other government agencies must rely to regulate the securities markets.
Regulation Of The Securities Industry In Singapore, Walter Woon
Regulation Of The Securities Industry In Singapore, Walter Woon
Washington International Law Journal
This Article focuses on the various legal regimes governing securities regulation in Singapore, with an emphasis on the various mechanisms for enforcing anti-insider trading laws and the disclosure requirements connected with those laws. The new regulations promulgated in the wake of the Pan-Electric scandal of 1986, which sent shock waves through the Singapore stock exchange, are much more stringent than the previous ones. The authorities of the Monetary Authority of Singapore, the Securities Industry Council, and the Stock Exchange of Singapore are discussed as they pertain to insider trading, false trading and market rigging, stock market manipulation, dissemination of false …
Rules On Disclosure And Enforcement In The Philippines, Eduardo De Los Angeles
Rules On Disclosure And Enforcement In The Philippines, Eduardo De Los Angeles
Washington International Law Journal
The Philippines modeled its first securities laws on the U.S. Uniform Sales of Securities Act, Securities Act of 1933, and the Securities Exchange Act of 1934. In terms of disclosure requirements, the early Philippine laws were more lenient than the U.S. acts, but since 1982 the Philippines has improved its disclosure requirements by implementing its Revised Securities Act. The new Act imposes more consistent reporting rules on issuers and insiders, and levies a broad range of sanctions. Nonetheless, the Revised Securities Act could be improved further by requiring fuller disclosure during registration and by toughening the insider trading provisions. Also, …
Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta
Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta
Washington International Law Journal
This Article explores the impact of the 1994 amendments to the Commercial Code on the Japanese Securities and Exchange Law, especially as they pertain to insider trading by stock issuers. The Article identifies limited situations, both in tender offer and public stock market contexts, in which companies may purchase their own stocks. Specifically, the Article addresses the issuer's repurchase plan, the necessary elements of disclosure, and the penalties for non-disclosure. The Article analyzes the amendments and questions their effectiveness in addressing the problem of insider trading.
Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan
Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan
Washington International Law Journal
This Article looks at the regulatory techniques that have been adopted in a small but developed market, Canada, in response to the increasing integration of the North American economy and internationalization of capital markets. One of the most comprehensive experiments has been the Multijurisdictional Disclosure System (MJDS) implemented in Canada and the United States in 1991. Based on principles of reciprocal recognition, the MJDS has in fact created greater pressures for harmonization of the two regulatory regimes and, on the Canadian side, prompted regulatory innovations which have attempted to keep Canadian markets in the global game.
Judicial Review Of "Pattern And Practice" Cases: What To Do When The Ins Acts Unlawfully, Robert Pauw
Judicial Review Of "Pattern And Practice" Cases: What To Do When The Ins Acts Unlawfully, Robert Pauw
Washington Law Review
Many such pattern and practice cases have been filed :in the past, and we can expect that such cases will continue to arise in the future. At this point, it is unsettled whether and under what circumstances district courts have jurisdiction to hear pattern and practice cases. In this article, I consider the case law that has developed in the context of the legalization program. In part I, I describe the legalization program established by Congress and explain the unlawful manner in which the program was implemented by the Immigration Service, adversely affecting hundreds of thousands of applicants. In part …
The Admissibiity Of Inculpatory Statements In Washington Under The Rule For Declarations Against Interest After Williamson V. United States, Julianna Gortner
The Admissibiity Of Inculpatory Statements In Washington Under The Rule For Declarations Against Interest After Williamson V. United States, Julianna Gortner
Washington Law Review
Washington courts hold that where a statement by an unavailable declarant, offered in the trial of a third party inculpated by the statement, is predominantly disserving to the declarant's penal interest, the statement is admissible under the hearsay exception for declarations against interest. Federal courts have split on the admissibility of such declarations, with some courts holding that any non-disserving portions must be severed and excluded. In Williamson v. United States, the United States Supreme Court narrowed the scope of Federal Rule of Evidence 804(b)(3) on declarations against interest and held that only the individual portions of such statements that …
State V. Young And The New Test For Privacy In Washington, Michael M. Suga
State V. Young And The New Test For Privacy In Washington, Michael M. Suga
Washington Law Review
In State v. Young, the Washington Supreme Court determined that the warrantless use of an infrared thermal detection device on the home of a suspected marijuana grower was a violation of Article I, Section 7 of the Washington State Constitution. This Note argues that the court's test for determining privacy rights under Article I, Section 7 is flawed in form and fails to achieve those goals set forth by the court. It suggests an alternative test for Article I, Section 7 privacy rights as well as a remedial prerequisite standard of proof in cases involving minimally intrusive surveillance techniques.
Brief For Appellants
United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))
No abstract provided.
Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa
Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa
Washington International Law Journal
This Article examines the influences of foreign law on Japanese labor relations law and the process by which foreign legal concepts have been domesticated, focusing in particular on the provisions, interpretation, and operation of the Trade Union Law of 1949. Acting on the constitutional right to organize and to bargain and act collectively, the Japanese Diet established the framework for Japanese labor relations law by enacting the Trade Union Law of 1945 which was subsequently amended in 1949. While European constitutions appear to be the model for the constitutional provision regarding the right of workers to organize and German influence …
Heidi Lindsey, Et Al. V. Dow Corning Corp., Et Al.: The Exclusion Of Claimants From Australian, Ontario And Quebec, Stephanie Alexander
Heidi Lindsey, Et Al. V. Dow Corning Corp., Et Al.: The Exclusion Of Claimants From Australian, Ontario And Quebec, Stephanie Alexander
Washington International Law Journal
In September 1994, the United States District Court for the Northern District of Alabama approved a multi-billion dollar settlement in a global class action for breast implant recipients. The court concluded its opinion by excluding women from Australia, Ontario and Quebec from the settlement. After examining U.S. class action procedural requirements and analyzing the District Court's opinion, this Comment argues that the court improperly applied the procedural requirements for a class action to the detriment of the potentially injured women from Australia, Ontario and Quebec.
Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li
Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li
Washington International Law Journal
The proliferation of child prostitution in Thailand has been closely linked to the explosive growth of the sex industry. Political, economic, and cultural factors internal to Thailand alongside external forces from foreign sex tourism, have all contributed to the rising number of prostituted children. In September 1994, the United States enacted an amendment to the Mann Act to prosecute citizens for traveling or conspiring to travel abroad with the intent to engage minors in sexual activities. This Comment traces the development of child prostitution in Thailand and examines the effect of U.S. law in deterring sex tourism abroad. Comparisons to …
The Sea Of Okhotsk Peanut Hole: How The United Nations Draft Agreement On Straddling Stocks Might Preserve The Pollack Fishery, Jon K. Goltz
The Sea Of Okhotsk Peanut Hole: How The United Nations Draft Agreement On Straddling Stocks Might Preserve The Pollack Fishery, Jon K. Goltz
Washington International Law Journal
The enclave of international waters in the central Sea of Okhotsk, called the "peanut hole," is surrounded by the 200 mile Exclusive Economic Zone ("EEZ") of the Russian Federation. Since 1991, distant water fishing nations ("DWFNs") have been fishing in the peanut hole in a manner that Russia claims is detrimental to the straddling pollack fish stock that exists both in Russia's EEZ and in the enclave. To prevent destruction of the pollack fishery, Russia imposed a moratorium on all fishing in the enclave; the moratorium is not universally observed. The United Nations Conference on Straddling Fish Stocks and Highly …
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Washington International Law Journal
The historic revision of the South Korean Family Law in 1989 abolished many entrenched legal practices based on Confucian ethics that discriminate against women. Among its many provisions, the law provides for an equitable division of marital property upon divorce and ends the tradition of the father's automatic right to child custody, unless waived. However, in a legal system where judges wield unquestioned authority and wide discretion, judicial decisions based on traditional assumptions about women and family continue to frustrate the democratic intent of the revised law. Given the vague laws that give the judiciary broad discretion, real changes are …
Rules Of Origin For Textiles: Implementing Legislation For Gatt, Janice Wingo
Rules Of Origin For Textiles: Implementing Legislation For Gatt, Janice Wingo
Washington International Law Journal
This Comment discusses the changes in the rules of origin for textiles that were implemented after the United States joined the World Trade Organization. The changes were made in such a way as to protect U.S. domestic textile production from Chinese competition even though these changes were couched in terms of harmonizing U.S. customs regulations with those of the rest of the world.
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
Washington International Law Journal
This Essay examines constitutionalism, or the legal expression of democracy. Explanations of Korea's underdeveloped sense of constitutionalism which are rooted in the culture of Confucianism do not provide an adequate explanation of the post-1948 Korean experience. A better model is provided by contrasting the uses of law by prior authoritarian regimes with current political developments including the rising role of entrepreneurial interests in Korean politics.
Liability To Tax And Transfer Pricing In The People's Republic Of China: A Comparative Analysis, William A. Thomson
Liability To Tax And Transfer Pricing In The People's Republic Of China: A Comparative Analysis, William A. Thomson
Washington International Law Journal
This Article explains how easy it is to become liable to People's Republic of China ("PRC") income tax, and examines the PRC transfer pricing rules. It compares China's tax regime to that of the United States and Japan, focusing both on China's domestic tax law and its treaty obligations. The purpose of this comparison is to illuminate the inter-related tax rules between China and the United States, and China and Japan. The Article also explains how China has modernized its tax system in line with its economic liberalization, and points out areas of uncertainty regarding China's rules on tax liability …
Taking A Byte Out Of Crime: E-Mail Harassment And The Inefficacy Of Existing Law, Gene Barton
Taking A Byte Out Of Crime: E-Mail Harassment And The Inefficacy Of Existing Law, Gene Barton
Washington Law Review
Computer abuse is advancing as quickly as computer technology. The laws, however, have yet to address computer harassment to a significant degree. Existing law is insufficient, and current efforts fall short of what is needed. This Comment identifies the need for new law, examines the shortcomings of what has been tried to date, and proposes general concepts for a comprehensive computer harassment law. This Comment concludes with a proposal for specific legislation for the state of Washington.
Enough Is Enough: Pre Se Constructive Discharge For Victims Of Sexually Hostile Work Environments Under Title Vii, Sarah H. Perry
Enough Is Enough: Pre Se Constructive Discharge For Victims Of Sexually Hostile Work Environments Under Title Vii, Sarah H. Perry
Washington Law Review
In Title VII sexual harassment cases based on hostile work environments, application of the constructive discharge doctrine imposes unfair burdens on claimants. A finding of constructive discharge requires a greater severity or pervasiveness of harassment than that required for finding a hostile work environment. This forces many hostile environment victims to remain in abusive and intolerable conditions because they cannot afford to resign. Unless found constructively discharged by their employers, victims who quit their jobs cannot recover back pay for the period between resignation and judgment. The incorrect and inconsistent application of the constructive discharge doctrine in sexually hostile environment …
The Rhetoric Of Innocence, William S. Laufer
The Rhetoric Of Innocence, William S. Laufer
Washington Law Review
This Article promotes the serious consideration of innocence in the criminal process, and gives meaning to the rhetoric surrounding the presumption of innocence. The first part illustrates the near irrelevance of innocence in an accusatorial system of justice where burdens of proof require proof of guilt The second and third parts of the Article discuss the meaning of the presumption of innocence. It is argued that legislatures and courts have ignored the tension between the conflicting goals of the criminal process by thinking of the presumption of innocence as a legal presumption. As a legal presumption, its effects are indistinguishable …