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Articles 1 - 30 of 155
Full-Text Articles in Law
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
University of Miami International and Comparative Law Review
No abstract provided.
Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham
Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham
University of Miami International and Comparative Law Review
No abstract provided.
Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron
Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron
University of Miami International and Comparative Law Review
No abstract provided.
Helms Burton: A View From Abroad, Runa Kinzel
Helms Burton: A View From Abroad, Runa Kinzel
University of Miami International and Comparative Law Review
No abstract provided.
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
University of Miami International and Comparative Law Review
No abstract provided.
Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig
Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig
University of Miami International and Comparative Law Review
No abstract provided.
European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau
European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau
University of Miami International and Comparative Law Review
No abstract provided.
Bananas, Airplanes And The Wto: Prohibited Export Subsidies, Marc Kleiner
Bananas, Airplanes And The Wto: Prohibited Export Subsidies, Marc Kleiner
University of Miami International and Comparative Law Review
No abstract provided.
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
University of Miami International and Comparative Law Review
No abstract provided.
The United States's Obligation To Lower Greenhouse Gas Emissions: An American Perspective Of The Kyoto Protocol, Kara K. Davis
The United States's Obligation To Lower Greenhouse Gas Emissions: An American Perspective Of The Kyoto Protocol, Kara K. Davis
University of Miami International and Comparative Law Review
No abstract provided.
Australasian Law And Canadian Statutes In The Nineteenth Century: A Study Of The Movement Of Colonial Legislation Between Jurisdictions, Jeremy Finn
Dalhousie Law Journal
This paper considers the use between 1850 and 1900 by Anglo-Canadian legislatures of legislative precedents from the Australian and New Zealand colonies and argues that while a wide range of Australasian laws were considered by Canadian legislators, the most significant Australasian influences are to be found in mining law, electoral and constitutional law and land law The paper goes on to explore, by use of archival, parliamentary and published materials, the processes by which Canadian legislators acquired their knowledge of these Australasian initiatives. While governmental and institutional channels (including the Colonial Office) played a significant part in the transmission of …
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang
How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang
Washington International Law Journal
China regards business methods to be a form of mental activity, and consequently excludes them from patent protection. In recent years, along with the proliferation of computer, telecommunication, and Internet technologies, the line between business methods and technology has blurred. As a result, other patent systems, such as U.S. patent law, have modified or are re-evaluating their patent treatment of business methods. The Chinese patent system is designed to promote the progress of science and technology. Business methods having no technical characters are not technological art. It would thus be overly inclusive to regard every business method as "technology" and …
Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White
Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White
Michigan Telecommunications & Technology Law Review
Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States, the fundamental principles underlying each system serve the same basic purpose: to encourage technological innovation and dissemination of knowledge. In granting exclusive patent rights, it is important that the scope of patent protection not be so broad as to remove existing knowledge from the public domain. The scope of protection should strike a balance between granting adequate patent rights while preserving the public's ownership in the public domain or the prior art. To encourage innovation patentees must attain significant exclusive rights, while potential infringers receive …
Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola
Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola
Washington International Law Journal
In 2000, Singapore established the national "Bioethics Advisory Committee" to examine the ethical, moral, social, and legal implications of life sciences and biotechnology. The Committee will examine numerous topics, including genetic discrimination, cloning, and stem cell research. The Committee is expected to release its frast set of recommendations concerning stem cell research in the first half of 2002. This paper proposes that leveraging Singapore into a world-class biomedical research center will entail synchronizing the relevant areas of its legal ethics infrastructure and culture with that of the major players in the global biotechnology industry. Conversely, adhering to prevailing local ethical …
The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang
The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang
Washington International Law Journal
This article was originally presented as The Development of Taiwan's Legal Systems: Towards a Western-style Law, CONFERENCE ON TAIWAN IN THE 20TH CENTURY: A RETROSPECTIVE VIEW, in THE CHINA QUARTERLY AND THE GOVERNMENT INFORMATION OFFICE, R.O.C., (Taipei, Dec. 14-15, 1999). When I wrote that piece, no one could imagine that the Council of Grand Justices would find the newly-amended constitutional provisions unconstitutional, that the National Assembly would be virtually abolished, and that the opposition party would win the presidential election for the first time in Taiwan's history. This revised version of course has taken these crucial events into account. …
Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth
Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth
Washington International Law Journal
Post-Suharto Indonesia has taken steps to liberalize and codify the right of political association through a package of political laws passed by the House of Representatives (Dewan Perwakilan Rakyat or "DPR") in 1999. International pressure and Indonesian mass demonstrations calling for political reform provided the impetus for the passage of the laws. Since this legal reform, the number of registered political parties in Indonesia has jumped from three to over one hundred. Moreover, the laws provided a legal framework for the 1999 general elections, which were widely recognized as free and fair. The initiatives, however, have had limited effect …
The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon
The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon
Washington International Law Journal
The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …
Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell
Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell
Washington International Law Journal
In 1999, East Timor voted for independence from Indonesia. That same year the United Nations Security Council created the United Nations Transitional Authority in East Timor ("UNTAET") to help East Timor transition to democracy, self-governance, and sustainable development. Seven years earlier, the United Nations launched a similar mission in Cambodia called the United Nations Transitional Authority in Cambodia ("UNTAC"). There are many similarities between East Timor and Cambodia, and both UNTAET and UNTAC are second-generation United Nations peacekeeping missions. UNTAC and UNTAET had similar mandates, including security, civil administration, and elections. UNTAC encountered opposition from the Cambodian parties, and consent …
Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova
Washington International Law Journal
Russia unambiguously established private land ownership when it adopted the 2001 Land Code, which, although limited to urban and commercial land, clarifies the concept of land ownership in general and allows foreign ownership of those lands. The Land Code permits security interests in commercial and industrial land, which should further stimulate Russia's commercial real estate market, an important component of a functioning market economy. Perhaps the greatest strength of the new Land Code is its provision for foreign ownership, which allows foreign investors to conduct business according to the Western standards without being forced to engage in bribery or other …
Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur
Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur
Washington International Law Journal
In response to Japan's increasing labor shortage, the Japanese government in 1990 enacted an extensive set of amendments to its restrictive Immigration Control and Refugee Recognition Act to allow for a controlled but broader method of regulating legal entry of foreign workers into Japan. Significant among those amendments are the provisions granting long-term resident status to persons of Japanese descent entering from abroad and the provisions offering additional rights to foreign-born spouses and children of Japanese nationals. These provisions are mainly targeted at descendants of Japanese who emigrated to South America ("Nikkeijin"). While most of the existing literature …
Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder
Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder
Washington International Law Journal
The global demand for traditional Chinese medicine ("TCM") has exploded in the last thirty years. Demand for TCM products increased both domestically in the People's Republic of China ("PRC") and internationally. However, the stigma of "witch doctoring" associated with TCM remains. Several developed nations have established national and local regulation of TCM practitioners to protect their citizens from dangerous treatments. After almost forty years of virtually unregulated endorsement of TCM, China recently began its own standardization of TCM products and practice. The question must be asked, what inspired such a dramatic and rapid change in Chinese policy? The geyser of …
A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton
A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton
Washington International Law Journal
The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Washington International Law Journal
Translator's Forward: These are not happy times in Japan. Its economy, at one time the most dynamic on the planet, has been in the dumps for over a decade. The population is both aging and declining. A "lost generation" of young Japanese has come of age amid diminished, and diminishing, expectations. The government, controlled as always by the Liberal Democratic Party ("LDP"), is rigid, bloated, corrupt, and deeply in debt. And there is no real reason to believe that the next decade will bring improvement in any of these areas. Not surprisingly, as Japan's economic juggernaut has faltered, the tone …
Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn
University of Michigan Journal of Law Reform
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
Federalism Or Federationism, William E. Butler
Federalism Or Federationism, William E. Butler
Michigan Law Review
When I took up my appointment in October 1970 as Reader in Comparative Law in the University of London, I was invited to collaborate in teaching the LL.M.' course in Soviet Law offered within the University on an intercollegiate basis. The course had been introduced two years previously, the first of its kind within the realm. Originally it was offered by a team of three, regrettably all now deceased: Edward Johnson, Ivo Lapenna, and Albert K. R Kiralfy. I had come to England to replace the late Edward Johnson, whose untimely death had left vacant the Readership in Soviet Law, …
Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria
Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria
BYU Law Review
No abstract provided.
Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic
Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic
BYU Law Review
No abstract provided.
Religious Freedom Issues In Hungary, Balazs Schanda
Religious Freedom Issues In Hungary, Balazs Schanda
BYU Law Review
No abstract provided.