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Articles 4471 - 4500 of 5724
Full-Text Articles in Comparative and Foreign Law
The International Association Of Independent Tanker Owners (Intertanko) V. Lowry: The Lost Argument, John W. Bolanovich
The International Association Of Independent Tanker Owners (Intertanko) V. Lowry: The Lost Argument, John W. Bolanovich
University of Miami International and Comparative Law Review
No abstract provided.
Prosecution Of Corporations For Manslaughter: Towards A New Offense Of "Corporate Killing" In The United Kingdom, Mark Franklin
Prosecution Of Corporations For Manslaughter: Towards A New Offense Of "Corporate Killing" In The United Kingdom, Mark Franklin
University of Miami International and Comparative 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 Dichotomy Between Standards And Rules, Mary C. Daly
The Dichotomy Between Standards And Rules, Mary C. Daly
Vanderbilt Journal of Transnational Law
The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …
Dedication: Professor Albert E. Utton (1931-1998), David H. Getches
Dedication: Professor Albert E. Utton (1931-1998), David H. Getches
Publications
No abstract provided.
Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen
Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen
Faculty Articles
This article has two purposes; the first is to assess the value of certification requirements by describing their operation in foreign affairs legislation and by accounting for their use and the controversies that attend them. The second purpose of this article is to suggest ways to minimize the costs of certification requirements. The findings are presented in four sections. The author begins by sketching the features of certification requirements in current legislation. Next, the author discusses the constitutional background out of which these requirements arise. Then, in what forms the greater part of this article, the author describes and evaluates …
Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi
Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi
LLM Theses and Essays
Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Michigan Law Review
For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Penn State International Law Review (1982 - 2011)
No abstract provided.
Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez
University of Miami Inter-American Law Review
No abstract provided.
Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti
Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti
University of Miami Inter-American Law Review
No abstract provided.
Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson
Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson
University of Miami Inter-American Law Review
No abstract provided.
The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig
The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig
University of Miami Inter-American Law Review
No abstract provided.
The Interplay Between The Foreign Sovereign Immunities Act And Erisa: The Effects Of Gates V. Victor Fine Foods, Karen Geller
The Interplay Between The Foreign Sovereign Immunities Act And Erisa: The Effects Of Gates V. Victor Fine Foods, Karen Geller
University of Miami Inter-American Law Review
No abstract provided.
The Indigenous Peoples Of Bolivia's Amazon Basin Region And Ilo Convention No. 169: Real Rights Or Rhetoric?, Laurie Sargent
The Indigenous Peoples Of Bolivia's Amazon Basin Region And Ilo Convention No. 169: Real Rights Or Rhetoric?, Laurie Sargent
University of Miami Inter-American Law Review
No abstract provided.
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Penn State International Law Review (1982 - 2011)
No abstract provided.
Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard
Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Structure Of Blackstone's Commentaries, Alan Watson
The Structure Of Blackstone's Commentaries, Alan Watson
Scholarly Works
Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …
United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog
United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog
UC Law SF International Law Review
No abstract provided.
Copyright Protection For Software, Ralph Oman
Copyright Protection For Software, Ralph Oman
ILSA Journal of International & Comparative Law
The United States blazed the trail in giving copyright protection for software. Until just recently, many other countries favored sui generis protection for software, but that argument was finally settled in GATT/TRIPs and last December's World Intellectual Property Organization Copyright Treaty.
Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson
Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson
ILSA Journal of International & Comparative Law
How many attorneys in the audience have ever participated in a domestic mediation? I see the hands of about four out of about a hundred people in attendance. How many attorneys in the audience have ever participated in an international mediation? I see two people raising their hands. This is a larger percentage of people than I had anticipated! (laughter)
Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant
Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant
ILSA Journal of International & Comparative Law
In international commercial arbitration, some disputes cry out for informal resolution by the parties themselves. In assessing their response, parties, arbitrators and arbital institutions must have in mind fundamental, practical and ethical considerations. This paper addresses some of the practical and provocative issues raised in these circumstances.
Establishment Of An International Criminal Court, Steven J. Gerber
Establishment Of An International Criminal Court, Steven J. Gerber
ILSA Journal of International & Comparative Law
It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).
Facilitating Accountability: The Potential Value Of International Guidelines Against Impunity, Madeline Morris
Facilitating Accountability: The Potential Value Of International Guidelines Against Impunity, Madeline Morris
ILSA Journal of International & Comparative Law
We strive to overcome impunity for international crimes such as genocide, war crimes, and crimes against humanity. Our reasons may include a vision of justice and perhaps a hope for deterrence.
Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig
Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig
ILSA Journal of International & Comparative Law
More than half of the world's nations have either abolished or no longer practice the death penalty. I In this coming year, the opportunity for a vast expansion in the number of nations which no longer adhere to the death penalty appears almost certain because of events which occurred in 1997, some of which are detailed here.