Comparative and Foreign Law Commons^™

Proprietary Norms In Corporate Law: An Essay On Reading Gambotto In The United States, Deborah A. Demott

Faculty Scholarship

No abstract provided.

U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens

Faculty Scholarship

Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.

Public Interest Lawyering In Mexico And The United States, Carl M. Selinger

University of Miami Inter-American Law Review

No abstract provided.

Protecting Possession, Ugo Mattei

Faculty Scholarship

No abstract provided.

Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, 95 Mich. L. Rev. 255 (1996), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.

Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

The German Duality Of State And Society, David Abraham

Articles

No abstract provided.

A Comparative And Critical Assessment Of Estoppel In International Law, Christopher Brown

University of Miami Law Review

No abstract provided.

The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw

LLM Theses and Essays

U.S. bankruptcy law offers a wide range of protections to a variety of debtors. The possibility of liquidation, reorganization, or rehabilitation is available to corporations, partnerships, individuals, and even some government institutions in the U.S. Conversely, the accessibility to bankruptcy in Belgium is restricted. In Belgium, only a salesman, as defined in the Belgian Code of Commerce, has access to bankruptcy protection, and this access is restricted in nature only to liquidation. This thesis analyzes the differences in the bankruptcy systems of the U.S. and Belgium, paying special attention to the role of the bankruptcy trustee in Chapter 7 bankruptcy …

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua

Michigan Journal of International Law

Review of Protecting Human Rights in Africa: Strategies and Roles of Non-Governmental Organizations by Claude E. Welch

Coming To Terms With Plan B: Ten Principles Governing Secession, Patrick Monahan, Michael J. Bryant

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Toward The Abolition Of The Death Penalty, Shigemitsu Dando

Indiana Law Journal

This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.

Educating Lawyers For The Global Economy, John O. Haley

Michigan Journal of International Law

Review of Law and Investment in Japan: Cases and Materials (Yukio Yanagida, Daniel H. Foote, Edward S. Johnson, Jr., J. Mark Ramseyer & Hugh T. Scogin, Jr. eds.)

New Directions In The Study Of Vietnamese Law, Mark Sidel

Michigan Journal of International Law

Review of Vietnam and the Rule of Law (Carlyle A. Thayer & David G. Marr Eds.)

Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek

Michigan Journal of International Law

To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Michigan Journal of International Law

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.

Norms And Property In The Middle Kingdom, Glenn R. Butterton

Articles

No abstract provided.

Altruism In The International Environment, Lea Brilmayer

Cleveland State Law Review

My topic is foreign aid, certain of the attitudes that we have towards foreign aid, and what if any moral grounding those attitudes might have. While it is likely that the most drastic proposals to slash the foreign aid budget will be defeated, there is no denying that some fairly drastic measures are on the table and are being taken rather seriously. Regardless of what happens in Congress this year, and regardless of what our president decides to do about any measures that Congress does adopt, the issue is likely to crop up as important during the next presidential election. …

The Freedom Of Navigation Program: A Study Of The Relationship Between Law And Politics, William J. Aceves

UC Law SF International Law Review

The history of U.S. maritime policy evinces the inexorable relationship between law and politics. The U.S. Freedom of Navigation (FON) program provides an excellent example of this critical relationship. Established in 1979, the FON program seeks to preserve the freedoms of navigation and overflight by sending vessels and aircraft to exercise these navigational rights in areas where coastal states have sought to restrict or prohibit such transit. It combines diplomatic action with operational challenges to assert U.S. rights under international law. The FON program is based upon the principal sources of public international law: (1) customary international law and (2) …

Exposure To The Foreign Corrupt Practices Act: A Guide For U.S. Companies With Activities In The People's Republic Of China To Minimize Liability, Delia Poon

UC Law SF International Law Review

The Foreign Corrupt Practices Act (FCPA) creates a difficult task for U.S. businesses abroad: to reconcile the customary practices of many developing countries with the U.S. legal framework, which may be incompatible with regulating behavior abroad. This Note outlines the background and the major provisions of the FCPA, and examines the difficulties U.S. entities face in the People's Republic of China in light of China's increasingly corrupt business environment. China's rampant corruption, part-planned and part-market economy, and popular joint venture arrangements for direct foreign investment create numerous FCPA pitfalls.

This Note then examines ways in which U.S. businesses can minimize …

Hardware And Software Licensing Issues For The 1990s, Ronald L. Yin

UC Law SF International Law Review

High technology is the engine that has fueled economic growth in the United States and in the Asia Pacific region for the past two decades. As the Pacific Rim countries, including the United States, increase their trade in the high technology area, trade friction involving intellectual property issues will become more dominant. This Paper seeks to examine the potential licensing issues in hardware and software that may develop as we proceed into the next century. In particular, it will examine issues involving hardware and software patents and software copyright as they relate to leading edge technology.

The Ali Principles Of Corporate Governance Compared With Georgia Law - Continued, The Special Contribution, Marjorie F. Knowles, Colin Flannery

Faculty Publications By Year

No abstract provided.

The War Powers In French Constitutional Law, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Justice Dando And The "Conservative" Argument For Abolition, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.

Paternalism Versus Pugnacity: The Right To Counsel In Japan And The United States, David A. Suess

Indiana Law Journal

No abstract provided.

Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford

Faculty Scholarship

Bankruptcy law is developing rapidly in the countries of Central and Eastern Europe (CEE) that have recently escaped the domination of the Union of Soviet Socialist Republics (USSR). The communist governments fell in those countries that were separate from the USSR in 1989, and those countries that were a part of the USSR gained their independence and acquired new non-communist governments in 1989 (the Baltic states) and 1991 (Ukraine, Belarus, Moldova, and Russia). While many other areas of law that are basic to the development of a market economy need substantial development or revision, bankruptcy law is leading the way, …

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.

Governing Networks And Rule-Making In Cyberspace, Joel R. Reidenberg

Faculty Scholarship

The global network environment defies traditional regulatory theories and policymaking practices. At present, policymakers and private sector organizations are searching for appropriate regulatory strategies to encourage and channel the global information infrastructure (“GII”). Most attempts to define new rules for the development of the GII rely on disintegrating concepts of territory and sector, while ignoring the new network and technological borders that transcend national boundaries. The GII creates new models and sources for rules. Policy leadership requires a fresh approach to the governance of global networks. Instead of foundering on old concepts, the GII requires a new paradigm for governance …