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Articles 323671 - 323700 of 545570
Full-Text Articles in Law
Discussion After The Speeches Of Paul Martin And Matthew Schaefer
Discussion After The Speeches Of Paul Martin And Matthew Schaefer
Canada-United States Law Journal
No abstract provided.
Masthead, Volume 24 (1998)
Recent Developments: Nonconforming Goods Under The Cisg - What's A Buyer To Do?
Recent Developments: Nonconforming Goods Under The Cisg - What's A Buyer To Do?
Penn State International Law Review (1982 - 2011)
No abstract provided.
Getting Back What Was Theirs? The Reparation Mechanisms For The Land Rights Claims Of The Maori And The Navajo
Penn State International Law Review (1982 - 2011)
No abstract provided.
Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?
Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich
The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich
Penn State International Law Review (1982 - 2011)
No abstract provided.
Inter-American Systems News, Nichole Grimm
News From The International War Crimes Tribunals, Ewen Allison
News From The International War Crimes Tribunals, Ewen Allison
Human Rights Brief
No abstract provided.
The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler
The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler
Human Rights Brief
No abstract provided.
Labor Relations And The Law In South Korea, Laura Watson
Labor Relations And The Law In South Korea, Laura Watson
Washington International Law Journal
This Comment looks at labor legislation's role in shaping the present state of labor relations in South Korea A brief history of the government's symbiotic relationship with business serves as a backdrop for assessing the current laws. The laws have an employer bias accenluated by the broad administrative oversighit government has over labor relations. More troublesome provisions of the laws are considered in detail. This Comment then turns to recent pro-labor changes in the laws but discusses why labor unions are unlikely to achieve full equality in labor relations at this juncture. In conclusion, this Comment makes suggestions for change …
The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon
The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon
Washington International Law Journal
The threat of oil pollution in the world's busiest waterway, the Malacca Strait, and the legal complications that surround it continues to be a controversial issue despite international law reforms. Recent accidents have demonstrated that current measures to prevent pollution are inadequate and that traditional methods of enforcement are ineffective. Unfortunately, there is a tension between international law of the sea provisions governing pollution control in the Malacca Strait, and the desires of bordering coastal States to regulate vessels trafficking the Strait so that accident risk is minimized. Moreover, there is tension between UNCLOS provisions prohibiting the assessment of fees …
Local Public Employment Discrimination Against Korean Permanent Residents In Japan: A U.S. Perspective, James M. Kearney
Local Public Employment Discrimination Against Korean Permanent Residents In Japan: A U.S. Perspective, James M. Kearney
Washington International Law Journal
Japanese government officials have recently indicated a willingness to relax restrictions that have prohibited Korean permanent residents of Japan from competing for local civil service jobs, though changes have not yet been forthcoming. The current bar on resident aliens has important symbolic and practical significance in a country widely criticized for its entrenched racism and for its lack of substantive civil rights law. This Comment traces the history and special circumstances of Koreans in Japan and argues that Koreans are already protected from most kinds of public employment discrimination by Article 22 (freedom to choose an occupation) and Article 14 …
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
Northwestern Journal of International Law & Business
Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …
Should Advance Pricing Agreements Be Published?, Kristin E. Hickman
Should Advance Pricing Agreements Be Published?, Kristin E. Hickman
Northwestern Journal of International Law & Business
The purpose of this comment is to review the role and function of the advance pricing agreement process, to examine the merits of both sides' arguments in the BNA suit, and to discuss the policy implications should BNA prevail. While advance pricing agreements are not the ultimate solution to transfer pricing disputes and tax jurisdiction issues, they are a dispute resolution tool worth maintaining, at least until Congress or Treasury provides greater guidance in this area. Sufficient legal basis exists for the courts to find against BNA and rule that advance pricing agreements are exempt from publication under IRC § …
The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel
The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel
Northwestern Journal of International Law & Business
The Law "On the State Registration of Rights in Real Property" of July 21, 1997 (the "Registration Law" or "the Law") constitutes a major step towards the achievement of an effective national registration system and, concomitantly, a viable real estate market for foreign investors in the Russian Federation ("RF"). Prior to this law, foreign investors could not rely upon a formal system of state registration to protect their interests in real property.To remedy this problem, the Registration Law creates a system that, at least on paper, is comparable to Western registration systems in its consistency, accessibility and certainty. However, the …
Regulation S And Offshore Capital: Will The New Amendments Rid The Safe Harbor Of Pirates?, Jon B. Jordan
Regulation S And Offshore Capital: Will The New Amendments Rid The Safe Harbor Of Pirates?, Jon B. Jordan
Northwestern Journal of International Law & Business
This article will explain how the securities laws were prior to Regulation S as they applied to the offshore offer and sale of securities. The regulation as originally adopted and the brand new safe harbors it brought to the laws governing offshore offers and sales will also be explored. Then the subsequent regulatory abuses and concerns in the marketplace surrounding the regulation and the Commission's response to these issues will be discussed. The amendments to Regulation S which eventually served as the Commission's way of halting these problems and the changes they brought to the regulation will be laid out. …
Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason
Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason
Case Western Reserve Journal of International Law
comment
Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran
Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran
Case Western Reserve Journal of International Law
No abstract provided.
Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner
Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner
Michigan Journal of International Law
This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.
How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann
How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann
Michigan Journal of International Law
All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
Michigan Journal of International Law
On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …
Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl
Michigan Journal of International Law
Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …
Why Nations Behave, Jose E. Alvarez
Why Nations Behave, Jose E. Alvarez
Michigan Journal of International Law
The idea for this symposium on "implementation, compliance and effectiveness" grew out of the 1997 annual meeting of the American Society of International Law (ASIL), devoted to that theme. As one of the co-chairs of that meeting, I suggested to the student editors of this journal that they solicit articles on a topic that has seized the attention of researchers within international law as well as in seemingly unrelated fields. As Professor Thomas Franck has indicated in a recent well-received book, an ever increasing number of scholars are going beyond well-worn debates about whether international law is truly "law" to …
International Cultural Property: Another Tragedy Of The Commons, Claudia Caruthers
International Cultural Property: Another Tragedy Of The Commons, Claudia Caruthers
Washington International Law Journal
In-situ and intra-national preservation of cultural property is threatened by a highly remunerative international black market. Despite the existing nexus of both domestic and international laws drafted to halt illicit trafficking in cultural property, black markets, such as ones in Southeast Asian art and artifacts, are thriving. This Comment examines whether the existing web of laws and regulations serve, in fact, to foster, rather than discourage, the continuance and growth of the art black market. Likening the destruction of rare cultural resources to the destruction of scarce natural resources, this Comment uses Garrett Hardin's game theory tragedy of the commons …
Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman
Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman
Washington International Law Journal
China greatly expanded its longstanding set of preferential policies for ethnic minorities in the 1980s and 1990s. Affirmative action in higher education annually allows for the admission of tens of thousands of ethnic minority students who, based on their national entrance examination scores alone, would be unable to gain a much sought-after place in one of the country's thousand universities. The variety of ways in which the admission and retention of PRC minority students are facilitated by laws, regulations and policies are examined, as are attitudes toward affirmative action on the part of Han majority and ethnic minority students. In …
Masthead, Volume 30 Issue 1 (1998)
Masthead, Volume 30 Issue 1 (1998)
Case Western Reserve Journal of International Law
No abstract provided.
Volume 30 Issue 1 (1998), Cwru Journal Of International Law
Volume 30 Issue 1 (1998), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Us Supreme Court Confronts 'Right To Die', Bruce Carolan
Us Supreme Court Confronts 'Right To Die', Bruce Carolan
Articles
This article covers the US Supreme Court's decisions regarding physician-assisted suicide for a UK audience.
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Journal of Law and Health
The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …
Toxic Television, Editorial Discretion, & (And) The Public Interest: A Rocky Mountain Low, Clay Calvert
Toxic Television, Editorial Discretion, & (And) The Public Interest: A Rocky Mountain Low, Clay Calvert
UC Law SF Communications and Entertainment Journal
In the modem world of newsmedia, the lines between informative news and gratuitous entertainment have been blurred by a increase in "infotainment" broadcasting and by news shows which often use violence or other entertainment devices to increase audiences. This trend has given rise to concerns that the current regulatory scheme is not properly categorizing this type of "news" and is not sufficiently warning or protecting viewers. In this article, Professor Calvert examines the questions surrounding this controversy. To illustrate some of these issues, this article looks at a recent challenge brought by a Colorado group to the renewal of the …