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Articles 195871 - 195900 of 544973
Full-Text Articles in Law
Alumni Profile, Emilyrose Johns
Addressing Inept Sec Enforcement Efforts: Lessons From Madoff, The Hedge Fund Industry, And Title Iv Of The Dodd-Frank Act For U.S. And Global Financial Systems, Cheryl Nichols
Northwestern Journal of International Law & Business
A global regulatory framework for hedge fund custodians is needed, in addition to Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act or Dodd-Frank), to reduce the risk of the occurrence of another Madoff fraud and to assess systemic risk posed by hedge fund activities in the global financial system. This article recommends the creation of a single global regulator for independent, qualified hedge fund custodians to which country regulators must submit sufficient information to protect investors and to assess the level of systemic risk posed by hedge fund activities in the global …
Case: In The Case Of The Prosecutor V. Thomas Lubanga Dyilo, Jonathon Handelman
Case: In The Case Of The Prosecutor V. Thomas Lubanga Dyilo, Jonathon Handelman
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Chilean Competition Law And Policy: The Extraterritorial Transplantation Of American Antitrust Law And Chicago School Of Economics In The Chilean Context, Michael David Bauer
Chilean Competition Law And Policy: The Extraterritorial Transplantation Of American Antitrust Law And Chicago School Of Economics In The Chilean Context, Michael David Bauer
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
The New American Approach To Cultural Heritage Protection: Granting Foreign Aid For Iraqi Cultural Heritage, Priscilla Singer
The New American Approach To Cultural Heritage Protection: Granting Foreign Aid For Iraqi Cultural Heritage, Priscilla Singer
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Former-Citizenship Restitution: A Proposal For An Equitable Resolution Of Confiscated Lithuanian Property, Cheryl E. Stovall
Former-Citizenship Restitution: A Proposal For An Equitable Resolution Of Confiscated Lithuanian Property, Cheryl E. Stovall
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Doing Business Under The Hot Sun: How Small Firms Do Business And Process Conflicts In Kenya, Elin Cohen
Doing Business Under The Hot Sun: How Small Firms Do Business And Process Conflicts In Kenya, Elin Cohen
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Case: Raffray Taddei V. France, Emily Dosch
Case: Raffray Taddei V. France, Emily Dosch
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
We Could Tell You, But Then We'd Have To Kill You: How Indigenous Cultural Secrecy Impedes The Protection Of Natural Cultural Heritage In The United States, Audrey Mense
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Nottebohm's Nightmare: Have We Exorcised The Ghosts Of Wwii Detention Programs Or Do They Still Haunt Guantanamo?, Cindy G. Buys
Nottebohm's Nightmare: Have We Exorcised The Ghosts Of Wwii Detention Programs Or Do They Still Haunt Guantanamo?, Cindy G. Buys
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Proceedings Of The International Academy Of Commercial And Consumer Law 15th Biennial Meeting - Preface, Louis Del Duca, Gianluca Gentili
Proceedings Of The International Academy Of Commercial And Consumer Law 15th Biennial Meeting - Preface, Louis Del Duca, Gianluca Gentili
Penn State International Law Review (1982 - 2011)
No abstract provided.
Japanese Corporate Governance: Behind Legal Norms, Caslav Pejovic
Japanese Corporate Governance: Behind Legal Norms, Caslav Pejovic
Penn State International Law Review (1982 - 2011)
No abstract provided.
Modernizing Latin American Company Law: Creating An All-Purpose Vehicle For Closely Held Business Entities-The New Simplified Stock Corporation, Francisco Reyes
Modernizing Latin American Company Law: Creating An All-Purpose Vehicle For Closely Held Business Entities-The New Simplified Stock Corporation, Francisco Reyes
Penn State International Law Review (1982 - 2011)
No abstract provided.
Volume 29 - Number 3: Table Of Contents
Volume 29 - Number 3: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.
International Sales Law-The Actual Practice, Ingeborg Schwenzer, Christopher Kee
International Sales Law-The Actual Practice, Ingeborg Schwenzer, Christopher Kee
Penn State International Law Review (1982 - 2011)
No abstract provided.
Addressing The Overrepresentation Of The Maori In New Zealand's Criminal Justice System At The Sentencing Stage: How Australia Can Provide A Model For Change, Joanna Hess
Washington International Law Journal
New Zealand’s 2002 Sentencing Act provides several ways a sentencing court may take an offender’s cultural or ethnic background into account. Given the disproportionate rate of recidivism among New Zealand’s indigenous Maori offenders and international and domestic concerns regarding this problem, the Act’s provisions offer one method for addressing and mitigating this issue. However, these sentencing provisions remain largely unknown or underused. This comment argues that in order to tackle these concerns, left unaddressed by the current Sentencing Act, New Zealand should restructure its sentencing provisions to follow the legislative model that is developing in Australian states, particularly the model …
An Alternative To Impact Litigation In China: The Procurator As A Legal Avenue For Cases In The "Private Family Sphere" Of Domestic Violence, Hai-Ching Yang
An Alternative To Impact Litigation In China: The Procurator As A Legal Avenue For Cases In The "Private Family Sphere" Of Domestic Violence, Hai-Ching Yang
Washington International Law Journal
Impact litigation, a popular technique among non-governmental organizations, while yielding numerous benefits, exercises limited influence over traditional family matters in China, like those of domestic violence. A closer examination of the factors attributed to the failure of the domestic violence case litigated by the Peking University’s Center for Women Law Studies and Legal Aid Services highlights the need to explore the potential of the procurator. As cases and events show “family matters” transgressing from the private to the public sphere and as setbacks continue to plague non-governmental organizations in their struggle to advance social causes, the institutionalized procurator can utilize …
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat
Washington International Law Journal
Chinese willingness and ability to play by the rules in the global arena is a critical issue that has long loomed large on the academic and policy agendas. A substantial body of knowledge has been built in the past two decades, shedding considerable light on key dimensions of the question. However, there is an apparent need to fine-tune the approach pursued thus far by seeking greater methodological robustness and better theoretical elucidation. Data collection procedures must be anchored more firmly in principles of scientific inquiry, providing a solid empirical foundation for reliable and valid generalizations, and single-cause explanations need to …
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager
Northwestern Journal of International Law & Business
For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government in the 1990s. …
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell
Northwestern Journal of International Law & Business
The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S. antidumping …
The Responsibility To Protect And International Justice, Elizabeth F. Defeis
The Responsibility To Protect And International Justice, Elizabeth F. Defeis
Journal of International Business and Law
No abstract provided.
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
American University International Law Review
No abstract provided.
Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey
Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey
American University International Law Review
No abstract provided.
Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome
Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome
American University International Law Review
No abstract provided.
Explaining Constitutional Review In New Democracies: The Case Of Taiwan, Nuno Garoupa, Veronica Grembi, Shirley Ching-Ping Lin
Explaining Constitutional Review In New Democracies: The Case Of Taiwan, Nuno Garoupa, Veronica Grembi, Shirley Ching-Ping Lin
Washington International Law Journal
This paper extends the empirical analysis of the determinants of judicial behavior by considering the Taiwanese case. Taiwan is a particularly interesting case because the establishment and development of constitutional review corresponds to a political transition from an authoritarian regime dominated by one party to an emerging democracy. We test the attitudinal hypothesis by making use of a new dataset of ninety-seven decisions issued by the Taiwanese constitutional court in the period between 1988 and 2008. The attitudinal hypothesis is that the Taiwanese constitutional judges respond to party interests, either because their preferences coincide with the appointer or because they …
Regular Takings Or Regulatory Takings?: Land Expropriation In Rural China, Valerie Jaffee Washburn
Regular Takings Or Regulatory Takings?: Land Expropriation In Rural China, Valerie Jaffee Washburn
Washington International Law Journal
This article takes as its starting point the recent spate of unrest in rural China over government takings of rural, agricultural land. Though the popular and scholarly press has paid a great deal of attention to this issue, few analyses have explored in depth the institutional and legal framework surrounding it. This piece first attempts such an exploration and concludes that the underlying issues have as much to do with China's national land use regulatory system as they do with the behavior of local governments that seize privately-farmed land for other uses. In fact, it is more productive to see …
The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser
The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser
Northwestern Journal of International Law & Business
Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability for trademark infringement, the courts of the United States and European nations, including France, Germany, and the United Kingdom, have applied differing standards and reached inconsistent results. This article considers the question of secondary liability for trademark infringement from a comparative perspective and contrasts the rationales …
Foreign Infrastructure Investment In Chile: The Success Of Public–Private Partnerships Through Concessions Contracts, Andrew Hill
Foreign Infrastructure Investment In Chile: The Success Of Public–Private Partnerships Through Concessions Contracts, Andrew Hill
Northwestern Journal of International Law & Business
Developing countries often have infrastructure needs that far outpace their ability to finance and undertake such projects. The private sector can foster development and help governments meet their infrastructure demands through Public–Private Partnerships (PPPs). PPPs allow governments to shift risk to the private sector and tap into the expertise of profit-maximizing firms. However, governments still face substantial exposure when deals fail. Over the past fifteen years, Chile has had great success with PPPs—most notably through toll road concessions. This paper examines the characteristics of Chile’s PPP regime in order to pinpoint the factors that lead to successful private participation in …
Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola
Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola
Northwestern Journal of International Law & Business
This paper will propose a plan to reform international finance—the World Financial Authority (WFA) Plan. Under such a plan, the IMF and other existing international financial institutions would be reformed and coordinated around a newly created WFA. The WFA would have two core functions. The first function would be to manage international liquidity, thus reducing externalities arising from domestic monetary policies adopted by its members, and addressing global liquidity problems involving financial activities of transnational private banks. The second function would be to help countries make their domestic monetary policies more effective, thus regaining traction and preventing contagion. A central …