Comparative and Foreign Law Commons^™

The Anatomy Of A Chapter Eleven Arbitration: Affidavits, Affiant, And Burdens Of Proof, David J. St. Louis

UC Law SF International Law Review

No abstract provided.

State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.

UC Law SF International Law Review

No abstract provided.

Some Observations On Chapter Eleven Of Nafta, Daniel M. Price

UC Law SF International Law Review

No abstract provided.

Awards In Pope & Talbot, Inc. V. Government Of Canada--Introduction, William S. Dodge

UC Law SF International Law Review

No abstract provided.

The Extraterritorial Application Of The Economic Espionage Act Of 1996, J. Thomas Coffin

UC Law SF International Law Review

On October 11, 1996, President Clinton signed the Economic Espionage Act of 1996 (EEA) into law. The Act was designed to protect trade secrets against theft or economic espionage. It applies to trade secrets possessed by businesses operating in the United States, whether foreign or domestic.

This Note analyzes the application of the Act beyond the territory of the United States. This Note first compares the extraterritorial applications of the statutes in two areas of federal criminal law: antitrust and securities law. In these two areas, courts have had substantial opportunities to apply statutory provisions to conduct occurring abroad, and …

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Expropriation Under Mexican Law And Its Intersection Into A Global Context Under Nafta, Raymundo E. Enriquez

UC Law SF International Law Review

No abstract provided.

Investment, Environment And Dispute Settlement: Arbitration Under Nafta Chapter Eleven, Joseph De Pencier

UC Law SF International Law Review

No abstract provided.

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

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 Changing Face Of Baseball: In An Age Of Globalization, Is Baseball Still As American As Apple Pie And Chevrolet?, Jason S. Weiss

University of Miami International and Comparative Law Review

No abstract provided.

Shihō Ni Nani O Nozomu Ka [What I Desire For The Justice System], Daniel H. Foote

Articles

Explanatory Note: In 1999, the Japanese government established the Justice System Reform Council and charged that Council with “clarifying the role to be played by justice in Japanese society” and examining and deliberating measures necessary to realize an appropriate system. The Council met from 1999 through 2001. In its final report it recommended major reforms to numerous aspects of the justice system, many of which were achieved (including the enactment of over twenty significant pieces of legislation, along with a wide range of reforms that did not require legislative action). In 2000, as the Reform Council was embarking work on …

Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka

Articles

This Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United States …

Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka

Articles

Accordingly, this Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United …

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.

Professional Responsibility, Nicholas Rine, Ly U. Meng

Books

The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any …

The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed

LLM Theses and Essays

Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on …

Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal

LLM Theses and Essays

This thesis focuses on the importance of intellectual property rights and its protection in the international arena. Coming from a developing country - India, I have always been fascinated with the area of international intellectual property rights protection because of its severe ramification on the economy and the social structure of developing countries. The impact of heightened protection of intellectual property rights has been a controversial issue between developed and developing countries for many years. In this paper, I have examined intellectual property rights, need for its protection, conventions, treaties and agreements present for the protection of intellectual property including …

Public Policy Defense In International Commercial Arbitration, Mingqiang Qian

LLM Theses and Essays

The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and …

Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers

Articles

South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …

Corporate Governance Lessons From Russian Enterprise Fiascos, Merritt B. Fox, Michael A. Heller

Articles

This Article draws on a rich array of deviant behavior in Russian enterprises to craft lessons for corporate governance theory. First, Professors Fox and Heller define corporate governance by looking to the economic functions of the firm. Based on this definition, they develop a typology that comprehensively shows all the channels through which bad corporate governance can inflict damage on a country's real economy. Second, they explain the causes of Russian enterprise fiascoes by looking to the particular initial conditions prevailing at privatization-untenable firm boundaries and insider allocation of firm shares-and the bargaining dynamics that have followed. This focus offers …

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.

Der Grobe Lauschangriff: Germany Brings Home The War On Organized Crime, James J. Killean

UC Law SF International Law Review

The Lauschangriff is legislation formed by the German government that would allow German police to perform electronic surveillance on private homes. This legislation was formed to combat increased organized crime in Germany. The proposal of the Lauschangriff has caused a fierce debate. One side argues that the Lauschangriff is the only way to control organized crime, while the other protests the trampling of civil liberties.

This Article examines the general controversy surrounding the Lauschangriff and proposes ways of improving the result reached by Germany's parliament. The Article examines the causes and effects of organized crime in Germany as well as …

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

Faculty Publications

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.

The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, while I will conclude that the Dutch experience should give us some concern about a slippery slope, I will, more importantly, also conclude that it should not give us the level of concern suggested by some commentators. I will argue that it does not provide a basis on which to conclude that assisted suicide and voluntary active euthanasia should not be decriminalized in Canada. Rather, it provides a basis for proceeding with caution and developing a permissive regime that places barriers on the slope and contains mechanisms by which slippage down the slope can be detected (and, …

Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross

Faculty Scholarship

In recent years, judges and scholars in Canada and the United States are devoting more attention to the theory and techniques involved in statutory interpretation. Although some advocate "foundational" theories to answer all theories of interpretation, most difficult cases require a pragmatic approach that requires analysis of the statutory text, original legislative intent, and legislative purpose in light of modern circumstances. Moreover, the most difficult cases may not be answerable by any of these approaches. In difficult cases, judges often resort to "normative canons" - rules they created to further a jurisprudence they desire. These canons need to be closely …

The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond

Articles & Book Chapters

Comparative law and legal anthropology have for long theorized on the basis of a traditional geography which saw states, regions, locales and social fields as having durable boundaries containing stable and homogenous cultures. This idea of place is now undergoing a massive transformation in response to the effects of and theories about globalization. The emerging ‘process geography’ rejects these traditional ideas, arguing that they are not, and indeed have never been aspects of reality, which is better represented by an imagery of processes. However, it is argued here that globalization is not a synonym for homogenization, nor has place suddenly …

Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker

Articles & Book Chapters

The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I am grateful to the editors of this journal for inviting me to return to its pages to help mark the twentieth anniversary of its inaugural issue. History now tells us that publication of that first issue happened to coincide with the beginning of an extraordinary period in Chinese history that has seen extensive reforms transform the Chinese economy and Chinese society. These reforms, no less dramatic than the revolutionary transformations of the 1950s, have caused law to gain unprecedented importance in Chinese society. The Journal's anniversary provides an opportunity to review some of the major characteristics of Chinese legal …