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Articles 721 - 750 of 844
Full-Text Articles in Comparative and Foreign Law
The Act Of Hungarians Living Abroad: A Misguided Approach To Minority Protection, Christin J. Albertie
The Act Of Hungarians Living Abroad: A Misguided Approach To Minority Protection, Christin J. Albertie
Michigan Journal of International Law
This Note analyzes the Hungarian Status Law in the context of general principles of international law. By specifically examining the Hungarian minority, this Note questions whether the implementation of the Hungarian Status Law is the most effective method of ensuring the protection and respect of the Hungarian minority in Eastern Europe. The conclusion argues that the unilateral approach of the Hungarian Status Law should be abandoned for a bilateral approach to secure rights for the Hungarian minority.
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
All Faculty Scholarship
No abstract provided.
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
UIC Law Review
No abstract provided.
Miranda In Comparative Law, Stephen C. Thaman
Miranda In Comparative Law, Stephen C. Thaman
All Faculty Scholarship
Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …
Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear
UIC John Marshall Journal of Information Technology & Privacy Law
The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …
Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt
Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt
UIC Law Review
No abstract provided.
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
LLM Theses and Essays
When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …
Europe And The Globalization Of Antitrust Law, David J. Gerber
Europe And The Globalization Of Antitrust Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Law Faculty Research Publications
Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …
Notaries In The American Colonies, 32 J. Marshall L. Rev. 863 (1999), John E. Seth
Notaries In The American Colonies, 32 J. Marshall L. Rev. 863 (1999), John E. Seth
UIC Law Review
No abstract provided.
New Technology And A Global Economy Demand That American Notaries Better Prepare For The Future: Upgrading The Current Common Law System May Mean Establishing A New Class Of Cyber Professional, 32 J. Marshall L. Rev. 935 (1999), Milton G. Valera
UIC Law Review
No abstract provided.
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
UIC Law Review
No abstract provided.
International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter
International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter
UIC Law Review
No abstract provided.
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
The Role Of Market Power In Vertical-Agreement Doctrine: U.S. Antitrust And Ec Competition Law Compared, Jens H. Quellmalz
The Role Of Market Power In Vertical-Agreement Doctrine: U.S. Antitrust And Ec Competition Law Compared, Jens H. Quellmalz
LLM Theses and Essays
This LL.M. thesis provides a comprehensive comparative analysis of the role of market power in vertical-agreement doctrine under United States antitrust law and European Community competition law, tracing the doctrinal development from the Sherman Act's Section 1 and the landmark decision in Continental T.V. v. GTE Sylvania through the adoption of the EC's new single block exemption regulation (Commission Regulation No. 2790/1999). Topics include the rule-of-reason and per se dichotomy, the burden-shifting model developed by U.S. lower courts, the theoretical underpinnings of market power measurement (including the Lerner Index and the structural approach of market definition), and the influence of …
Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole
Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich
UIC Law Review
No abstract provided.
Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier
Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier
UIC John Marshall Journal of Information Technology & Privacy Law
This article focuses on the need for free speech legislation on the information superhighway. Two issues are addressed in this article. First, whether additional measures are needed for protecting free speech on the Internet. Second, whether the existing restrictions on free speech are relevant. The information superhighway in the United States is referred as a growing economic interest in information. In contract, the emphasis in Europe lies more on the "information society." In both instances, the government recognizes that the Internet has become a powerful medium of expression. Additionally, the Internet is a true testing ground for regulating the information …
"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black
"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black
UIC Law Review
No abstract provided.
The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw
The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw
UIC Law Review
No abstract provided.
Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs Of A Global Community Demand Retirement Of The Hague Public Documents Convention, 31 J. Marshall L. Rev. 1045 (1998), Keith D. Sherry
UIC Law Review
No abstract provided.
Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan
Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan
UIC Law Review
No abstract provided.
Comparative Law In The New European Community, George Bermann
Comparative Law In The New European Community, George Bermann
Faculty Scholarship
As a member and leader of America's immediate post-war generation of comparative lawyers, Rudolf Schlesinger viewed the then European Economic Community (Community) as an unprecedentedly important arena for the theory and practice of comparative law. He was right in doing so. As we know, the Community initially faced the prospect, among other things, of harmonizing the laws of six continental European countries, representing distinct branches of the European civil law tradition. Then, within a dozen years, the Community expanded to pick up members that stood on the outskirts of the European civil law tradition (Denmark) and squarely within the common …
Spain Returns To Trial By Jury, Stephen C. Thaman
Spain Returns To Trial By Jury, Stephen C. Thaman
All Faculty Scholarship
In 1995, the Spanish Parliament reenacted trial by jury in criminal cases by implementing a mandate of the 1978 post Franco Spanish Constitution. This article discusses the 17 year dispute, following the ratification of the democratic post-Franco Spanish Constitution, on whether Article 25 mandated the reintroduction of lay participation in the criminal trial, and, if so, whether in the form of the classic jury or a continental European style court with lay assessors. This article analyzes the Law on Trial by Jury and its implementation in the first year of trials, and references Spain’s experience with trial by jury in …
The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn
The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn
LLM Theses and Essays
This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …
‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski
‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski
Scholarly Articles
Part I of this Article discusses the difficulties involved in attempting to classify the new constitutions using traditional criteria. Part II examines the processes involved in the adoption of the various components of existing constitutional models into the constitutions of the East-Central European states, including separate analysis of the distributions of power, the structures of the legislatures, the electoral systems, the systems of governance and mechanisms of judicial enforcement provided by these instruments. Finally, Part III makes observations and draws conclusions regarding the processes examined in Part II.
The American "Adversary System"?, William T. Pizzi
The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress
Federal Communications Law Journal
Following a worldwide trend of increased market competition in telecommunications, both the United States and Germany passed new legislation in 1996 aimed at liberalizing communications regulation. Germany passed the Telekommunikationsgestz (TKG), and the United States passed the Telecommunications Act of 1996. The TKG was enacted in response to European Community requirements that Germany open its telecommunications market. While the TKG covers a broad spectrum of issues, five areas stand out as the law's primary focus: licensing, universal service, market-dominant position regulation, interconnection, and rights-of-way. A comparison between the U.S and German laws in these five areas demonstrates the …