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Articles 121 - 150 of 247

Full-Text Articles in Comparative and Foreign Law

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz Jan 2004

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.


Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota Jan 2004

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.


China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross Jan 2004

China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross

UIC Law Open Access Faculty Scholarship

This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …


The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn Jan 2004

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


The War On Terrorism: Peru’S Past And Present, A Legal Analysis (2004), Ralph Ruebner, Et Al. Jan 2004

The War On Terrorism: Peru’S Past And Present, A Legal Analysis (2004), Ralph Ruebner, Et Al.

Faculty White Papers

No abstract provided.


Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu Jan 2003

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu

UIC Law Open Access Faculty Scholarship

No abstract provided.


Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin Jan 2003

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner Jan 2003

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.


Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui Jan 2002

Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui

UIC John Marshall Journal of Information Technology & Privacy Law

On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …


Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey Jan 2002

Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey

UIC John Marshall Journal of Information Technology & Privacy Law

As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …


Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane Jan 2002

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.


The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton Jan 2002

The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton

UIC Law Review

No abstract provided.


An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young Jan 2002

An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young

UIC Law Review

No abstract provided.


Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan Jan 2002

Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan

UIC Law Review

No abstract provided.


“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long Jan 2002

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.


When Cows Have Wings: An Analysis Of The Oecd's Tax Haven Work As It Relates To Globalization, Sovereignty And Privacy, 35 J. Marshall L. Rev. 163 (2002), Kimberly Carlson Jan 2002

When Cows Have Wings: An Analysis Of The Oecd's Tax Haven Work As It Relates To Globalization, Sovereignty And Privacy, 35 J. Marshall L. Rev. 163 (2002), Kimberly Carlson

UIC Law Review

No abstract provided.


Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle Jan 2002

Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis Jan 2002

Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.


"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long Jan 2002

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …


International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook Jan 2002

International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook

UIC Law Review

No abstract provided.


The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart Jan 2001

The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart

UIC Law Review

No abstract provided.


Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle Jan 2001

Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross Jan 2001

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.


Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis Jan 2001

Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.


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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll Jan 2000

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson Jan 2000

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.


Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies Jan 1999

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …