Comparative and Foreign Law Commons^™

Unfulfilled Obligations: The Situation Of The Ethnic Hungarian Minority In The Slovak Republic, Geri L. Haight

ILSA Journal of International & Comparative Law

The Slovak Republic is a microcosm of the political and economic transformations occurring in Central and Eastern Europe following the 1989 collapse of the Soviet Union.' Although the change of political systems in the region occurred quite rapidly, it is clear that democratic states are not born overnight.

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

Faculty Scholarship

No abstract provided.

Kant And The Current Debate Over Humanitarian Intervention, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Countdown To 1998: Status Of Telecommunications Competition In Europe And Comparison With The United States, Mark Naftel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard Bonnot Lillich In Remembrance Of A Civilized Scholar, Gordon A. Christenson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Tribute To Richard B. Lillich, Hurst Hannum

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Helms-Burton Act: Title Iii And International Claims, David Kaye

UC Law SF International Law Review

The Helms-Burton Act provides a right of action for U.S. nationals with Cuban property claims against those who "traffic" in such property. This Articles addresses whether Title III of the Act is consistent with principles of extraterritorial jurisdiction under international law.

Mr. Kaye describes the Cuban government's failure to abide by international law during its property confiscations in the period from 1959-61, and explains the Act's provisions to tailor a remedy for Cuban property claimants. In contrast to an OASIAJC opinion regarding Helms-Burton, Title III is consistent with international and domestic law on espousal, continuous nationality, the nature of claims …

Professor Rudolf B. Schlesinger, Charles D. Cramton

UC Law SF International Law Review

No abstract provided.

Professor Rudolf B. Schlesinger: An Affectionate Tribute, David I. Levine

UC Law SF International Law Review

No abstract provided.

Courts And The Creation Of A Spirit Of Moderation: Judicial Protection Of Revolutionaries In Argentina, 1863-1929, Jonathan M. Miller

UC Law SF International Law Review

Scholarship on Latin America has traditionally ignored the political role played by the judiciary. This gap may have some justification in the relative weakness of many Latin American judiciaries in recent decades, but leaves a serious void for understanding Latin American politics in earlier periods. This Article examines how the Argentine judiciary in the late nineteenth and early twentieth century protected the rights of government opponents who started armed uprisings with high political stakes. Far from acting as a tool of government oppression, the judiciary frequently challenged the government and placed sharp limits on its actions. The Argentine Supreme Court …

Legal Systems Of Regional Economic Integration, Stefan A. Riesenfeld

UC Law SF International Law Review

No abstract provided.

Is Codification In Decline, Stephen Mccaffrey

UC Law SF International Law Review

The International Law Commission of the United Nations is responsible for the codification and progressive development of international law. After some signal initial successes, the Commission has had difficulty producing products that are generally acceptable to states. This Article examines the reasons for this apparent decline and prospects for the future.

Section 727 And The Business Judgment Rule: A Comparative Analysis Of Company Directors' Duties And Liabilities In English And United States Law, Mohammed R. Pasban, Clare Campbell, John Birds

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Death Penalty: The Usa In World Perspective, Roger Hood

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Legal, Political, And Scientific Response To Ocean Dumping And Sub-Seabed Disposal Of Nuclear Waste, James Waczewski

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Copernican Revolution In Jurisprudence: In Loving Memory Of Rudolf B. Schlesinger, Mentor And Friend, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

In Honor Of Stefan A. Riesenfeld, Lori Fisler Damrosch

UC Law SF International Law Review

No abstract provided.

Apples And Oranges--The Supremacy Clause And The Determination Of Self-Executing Treaties: A Response To Professor Vazquez, Khaldoun A. Baghdadi

UC Law SF International Law Review

No abstract provided.

The Nationality Of Claims Principle Of Public International Law And The Helms-Burton Act, Robert L. Muse

UC Law SF International Law Review

The Helms-Burton act is more than a vehicle for claimants of confiscated Cuban property; it seeks an international moratorium on investment in Cuba to force political change. This use of law to promote foreign policy objectives violates established principles of international law and is at odds with customary government policy.

Mr. Muse argues that the Act violates the nationality of claims principle by providing a right of action in federal courts to Cuban property claimants who were Cuban citizens at the time of confiscation. The vast majority of potential claimants under Title Ill were not U.S. citizens in 1959. Further, …

Judicial Review And Constitutional Stability: A Sociology Of The U.S. Model And Its Collapse In Argentina, Jonathan Miller

UC Law SF International Law Review

A basic trend toward review exercised by a judicial or quasijudicial organ is unquestioned in the modem world today. The most obvious reason for the rise of judicial review is that pluralist societies require a respected institution to resolve disputes over interpretation and application of the rules binding them together. Second, absence of a judicial arbiter risks the transformation of reasonable constitutional disagreements into festering political disputes which threaten the legitimacy of those in power. Third, pluralist societies require organs able to legitimate or disapprove fundamental change when faced with groups prejudiced by the changes.

Despite extensive scholarship on judicial …

United States-Brazil Bilateral Income Tax Treaty Negotiations, Richard Mitchell

UC Law SF International Law Review

Nearly fifty years of intermittent negotiations between the United States and Brazil have failed to produce an income tax agreement acceptable to both nations. Negotiations between the two nations have recently been renewed and the possibility of an acceptable bilateral income tax treaty appears promising. However, two difficult issues remain resolved. The first and traditional sticking point is tax sparing. Brazil would like to see the United States offer tax sparing. In addition, the taxation of fees for technical services has recently emerged as a source of disagreement between the two nations.

This Note will (1) argue that a U.S.-Brazil …

In Tribute, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo

UC Law SF International Law Review

The Helms-Burton Act's validity must be tested not only against principles of international law and the obligations of international trading agreements, but the statute's use of the federal judiciary. Although the Act may be consistent with jurisdictional principles and agreements such as GATT and NAFTA, it may force federal courts into a role ill-suited for U.S. national security policy and inconsistent with basic constitutional principles.

Professor Yoo argues that whether Helms-Burton violates international law is insignificant to domestic enforcement of Congressional foreign policy objectives. Further, the national security exceptions to GATT and NAFTA provide sufficient latitude to permit the Act's …

The Helms-Burton Act: Inconsistency With International Law And Irrationality At Their Maximum, Luisette Gierbolini

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Down And Dirty In The Global Village: Jack Webb's Guide To International Commercial Litigation, Jeffrey W. Stempel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard B. Lillich: In Service To The United States, Ronald J. Bettauer, David P. Stewart

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Arbitrating Against Foreign Governments, Charles N. Brower

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard B. Lillich's Contributions To United Nations Sanctions Enforcement Law, Paul Conlon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Federal Courts And World Civil Society, Gordon A. Christenson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Aspects Of The Uncitral Regimes For Procurement And For International Commercial Arbitration, And Government International Commercial Contracts In The Commonwealth Caribbean, Hugh A. Rawlins

Florida State University Journal of Transnational Law & Policy

No abstract provided.