Law Commons^™

Diplomacy In The Modern World: A Reconsideration Of The Bases For Diplomatic Immunity In The Era Of High-Tech Communications, James S. Parkhill

UC Law SF International Law Review

Diplomatic immunity has existed throughout history as a way to ensure that diplomatic visitors to foreign nations remained free to perform their essential duties. It arose for two reasons: diplomats we'e extremely important to the conduct of interstate affairs, and the difficulties of travel and communication in previous eras made it essential for ambassadors to remain at liberty to perform their diplomatic duties. Clearly, modern methods of travel and communications have done much to eliminate the second basis.

This Note will examine the extent to which they may also have impacted the first rationale as well. In other words, when …

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Extraterritoriality And Its Limits: The Iran And Libya Sactions Act Of 1996, Charles Tait Graves

UC Law SF International Law Review

The United States differs from much of the world in trade policy towards Iran and Libya. Through the Iran and Libya Sanctions Act of 1996, it seeks to pressure other states to refrain from certain investments in the Libyan and Iranian economies. The statute's secondary boycott provisions threaten extraterritorial sanctions against wholly foreign corporations engaging in such trade.

This Note describes the legal history of U.S. attempts to enforce its policy preferences through extraterritorial trade controls. It then argues that the Iran and Libya Sanctions Act of 1996 is likely invalid both under principles of general customary international law and …

Health Care Rationing In The Courts: A Comparative Study, Timothy Stoltzfus Jost

UC Law SF International Law Review

The role of the judiciary and government agencies in the allocation of health care resources differs across national boundaries. This Article describes how institutions in Germany, the United Kingdom, and the United States approach conflicts and protect rights in rationing health care. Professor Jost first describes the legal aspects of decisions on distribution and financing of health care decisions, and then examines the existing institutions in each of these countries.

In Germany, the health insurance program is an employment- based social insurance system. Under a quasi-public scheme, nonprofit health insurance funds administer the program. The German health system is overseen …

Memorial Address For Rudolf Schlesinger: Delievered At The University Of Trento Law School, Ulrich Drobnig

UC Law SF International Law Review

No abstract provided.

Comparative Law Scholarship, John Henry Merryman

UC Law SF International Law Review

No abstract provided.

The Common Core Of European Private Law And The Principles Of European Contract Law, Ole Lando

UC Law SF International Law Review

No abstract provided.

Comparative Analysis Of The United States Patent Law And The New Industrial Property Code Of Brazil, John Giust

UC Law SF International Law Review

Brazil promulgated a new Industrial Property Code in 1996 that significantly changed its patent law. In this Article, Mr. Giust compares the Brazilian statute to patent law in the United States. Through detailed analysis, the Article shows that despite the vastly different economic and social needs of both nations, the recent changes have actually brought the two patent systems closer together. As the author argues, this trend toward convergence reflects the two nations' commitment to the TRIPs Agreement, and to that extent, strongly supports the view that global patent harmonization is possible.

This Article's comparative analysis covers numerous aspects of …

Forum Selection Clauses In Maritime Bills Of Lading, Valerie Drogus

UC Law SF International Law Review

Courts face difficult issues in determining the validity of maritime forum selection clauses. This Note assesses the validity of such clauses in bills of lading used in maritime shipping. It considers four issues.

First, this Note will examine the three existing conventions on international maritime law. Second, it will discuss the varying U.S. court interpretations of the U.S. Carriage of Goods by Sea Act. Third, it sets forth the positions of other states on such clauses. Finally, this Note posits solutions and compromises for the existing conflicts of law.

Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein

UC Law SF International Law Review

The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.

This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …

The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack

Articles

No abstract provided.

Former C-Gcc Graduate Relishes Work In Courtroom (The Register Star), The Register Star

News Articles

No abstract provided.

Table Of Contents, Volume 18, Number 1, 1998

NYLS Journal of International and Comparative Law

No abstract provided.

Nafta And Regional Free Trade As Seen From Washington And Geneva

NYLS Journal of International and Comparative Law

No abstract provided.

Juvenile Curfews: Protection Or Regulation?, Jill A. Lichtenbaum

NYLS Journal of Human Rights

No abstract provided.

Table Of Contents - Volume Xv Symposium 1998 Part One

NYLS Journal of Human Rights

No abstract provided.

Dedication

NYLS Journal of Human Rights

No abstract provided.

Panel I: Direct/Government Regulation Of The Internet

NYLS Journal of Human Rights

HON. JEANINE FERRIS PIRRO J

ACOB M. LEWIS, ESQ.

MAURICE J. FREEDMAN

RONALD K.L. COLLINS

PROFESSOR DAN BURK

ANN BEESON, ESQ.

Panel Ii: Indirect/Industry Regulation Of The Internet

NYLS Journal of Human Rights

PANEL II:

JOAN BERTIN

GRAHAM CANNON

JOE DIAMOND

JASON HEFFNER

BARRY STEINHARDT

The Law Of Diminishing Privacy Rights: Encryption Escrow And The Dilution Of Associational Freedoms In Cyberspace, Gwynne B. Barrett

NYLS Journal of Human Rights

No abstract provided.

Reaffirmation Agreements Between Debtors And Creditors: The Past, The Present, And The Future, Jamie Beth Feitlin

NYLS Journal of Human Rights

No abstract provided.

The National Collegiate Athletic Association's Quest To Educate The Student-Athlete: Are The Academic Eligibility Requirements An Attempt To Foster Academic Integrity Or Merely To Promote Racism?, Laura Pentimone

NYLS Journal of Human Rights

No abstract provided.

Nipping The Problem In The Bud: The Constitutionality Of California's Castration Law, Karen J. Rebish

NYLS Journal of Human Rights

No abstract provided.

Talking Back To Cyber-Mom: Challenging The Communications Decency Act Of 1996, Nathan M. Semmel

NYLS Journal of Human Rights

No abstract provided.

Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden

News Articles

No abstract provided.

Table Of Contents, Volume Xiv Winter 1998 Part Two

NYLS Journal of Human Rights

No abstract provided.

Habeas Corpus: The Historical Debate, Alan Clarke

NYLS Journal of Human Rights

No abstract provided.

There's No Place Like Home: Housing Discrimination Against Disabled Persons And The Concept Of Reasonable Accommodation Under The Fair Housing Amendments Act Of 1988, Susan B. Eisner

NYLS Journal of Human Rights

No abstract provided.

Can The First And Sixth Amendments Co-Exist In A Media Saturated Society?, Leslie Renee Berger

NYLS Journal of Human Rights

No abstract provided.

The Competing Doctrines Of Privacy And Free Speech Take Center Stage After Princess Diana's Death, Maria Sgurea

NYLS Journal of Human Rights

No abstract provided.