Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 11191 - 11220 of 13717

Full-Text Articles in Comparative and Foreign Law

The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger Jan 1994

The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger

Journal of Law and Health

The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …

Go to article

The Forgotten Link: Control In Section 482, Wayne M. Gazur Jan 1994

The Forgotten Link: Control In Section 482, Wayne M. Gazur

Publications

The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.

Go to article

The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon Jan 1994

The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon

Cornell Law Faculty Publications

The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the "Act"), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the …

Go to article

The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French Jan 1994

The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.

Go to article

International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams Jan 1994

International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

Alienability Restrictions And The Enhancement Of Author Autonomy In United States And Continental Copyright Law, Neil Netanel Jan 1994

Alienability Restrictions And The Enhancement Of Author Autonomy In United States And Continental Copyright Law, Neil Netanel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

The Importance Of 'Nutshells', Alan Watson Jan 1994

The Importance Of 'Nutshells', Alan Watson

Scholarly Works

In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …

Go to article

Legislative History And Statutory Interpretation: The Relevance Of English Practice, William S. Jordan Iii Jan 1994

Legislative History And Statutory Interpretation: The Relevance Of English Practice, William S. Jordan Iii

Akron Law Faculty Publications

In this comparative analysis, William S. Jordan III explores the use of legislative history in statutory interpretation by contrasting American judicial practice with the more restrictive approach traditionally followed in English courts. Jordan examines the theoretical underpinnings and practical consequences of both systems, particularly in light of the U.S. judiciary’s reliance on committee reports, floor debates, and other legislative materials to ascertain congressional intent. He critiques the inconsistencies and potential manipulability of legislative history in the U.S. context, while also considering the constraints and clarity offered by the English model, which emphasizes textualism and limits extrinsic evidence. The article ultimately …

Go to article

Levels Of Liability For Damage To The Environment Caused By Waste: A Comparative Study Of The Law In The United States And In Europe, Werner Boel Jan 1994

Levels Of Liability For Damage To The Environment Caused By Waste: A Comparative Study Of The Law In The United States And In Europe, Werner Boel

LLM Theses and Essays

This LL.M. thesis undertakes a comprehensive comparative analysis of liability regimes for the unappropriated disposal of hazardous waste across three different regulatory frameworks — (1) United States federal regulations, (2) European Union initiatives, and (3) regulations imposed by the Council of Europe — in transnational waste cases. In particular, the work examines the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the European Union's proposed Waste Liability Directive, and the Council of Europe's Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment. The work traces the historical development of …

Go to article

Retaliatory Action In United States And European Union Trade Law And It's Compatibility With Gatt, Wolfgang W. Leirer Jan 1994

Retaliatory Action In United States And European Union Trade Law And It's Compatibility With Gatt, Wolfgang W. Leirer

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of the retaliatory trade law instruments of the United States and the European Union and evaluates their compatibility with the General Agreement on Tariffs and Trade (GATT). The work traces the legislative history of Section 301 of the Trade Act of 1974 and Council Regulation 2641/84, analyzes the procedural and substantive provisions of each regime, including the initiation of investigations, availability of mandatory versus discretionary action, the scope of retaliatory power, and availability of judicial review, and then compares the instruments' provisions against one another. The analysis includes an exploration of the …

Go to article

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce Jan 1994

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce

LLM Theses and Essays

An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …

Go to article

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma Jan 1994

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …

Go to article

U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu Jan 1994

U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu

LLM Theses and Essays

This thesis explores the complex landscape of intellectual property protection in the context of the U.S-China trade relations. U.S. intellectual property protection in China has emerged as a critical issue in the U.S.-China trade relations, impacting tensions and becoming a critical point. The thesis examines the challenges posed by China’s historical attitudes towards intellectual property rights. China’s historical lack of respect for intellectual property rights, compounded by the Communist political culture, has led to widespread piracy, particularly as China pursues the market-driven economics of U.S. intellectual property protection in China. The Agreements on Trade Related Aspects of Intellectual Property Rights …

Go to article

Antidumping Duties And Their Implications For International Trade, Masanori Kobayashi Jan 1994

Antidumping Duties And Their Implications For International Trade, Masanori Kobayashi

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of antidumping duty regimes across three major jurisdictions — the United States, the European Union, and Japan — against the backdrop of GATT Article VI and successive Antidumping Codes. The work traces the legislative history of antidumping measures from early twentieth-century domestic legislation through the Kennedy and Tokyo Rounds, analyzes the procedural and substantive provisions of the 1979 Code and the Dunkel Draft, and concludes with a critique of the Final Act of the Uruguay Round. Key topics include the legal definitions of dumping margin, normal value, export price, material injury, and …

Go to article

The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee Jan 1994

The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.

Go to article

Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala Jan 1994

Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala

Faculty Publications

Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …

Go to article

The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller Jan 1994

The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller

Faculty Scholarship

Historically, most Americans have treated health care as a private commodity whose price, and therefore availability, is primarily determined by market forces. In such a context, the law not unsurprisingly places a high premium on information disclosure by physicians. Personal autonomy-an individual's power to choose among medical options-enjoys its most zealous protection under U.S. jurisprudence.7 The dominant U.S. version of informed consent is grounded on principles of patient/consumer autonomy, and seems to enhance market choice. But a strong theme of collectivism now runs through some discussions of U.S. health policy.8 President Clinton was elected at least in part …

Go to article

French And American Judicial Opinions, Michael Wells Jan 1994

French And American Judicial Opinions, Michael Wells

Scholarly Works

In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …

Go to article

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann Jan 1994

Taking Subsidiarity Seriously: Federalism In The European Community And The United States, George A. Bermann

Faculty Scholarship

For a principle that has dominated discussions of European federalism for over five years, subsidiarity has received surprisingly poor academic mention. Subsidiarity has been criticized as "inelegant . . .Eurospeak," "the epitome of confusion," and simple "gobbledegook." It has been described by some as nothing new and by others as quite novel and actually quite dangerous. The President of the Commission of the European Communities, said to be an enthusiast of subsidiarity, finds it used at times as an "alibi," and more specifically as "a fig leaf ... to conceal [an] unwillingness to honour the commitments which have already been …

Go to article

The Federal Constitutional Court In The German Political System, Donald P. Kommers Jan 1994

The Federal Constitutional Court In The German Political System, Donald P. Kommers

Journal Articles

The Federal Constitutional Court is a major policy-making institution in Germany's system of government. Within the space of four decades (1951- 1991), this tribunal has evolved into the most active and powerful constitutional court in Europe. Its pivotal character in the German political system sterns from its role as a judicial lawmaking body created for the specific purpose of deciding constitutional disputes under the Basic Law.1 In deciding such disputes-that is, in interpreting the language and spirit of the Basic Law-the Constitutional Court has influenced the shape of Germany's political landscape, reaching deep into the heart of the existing state, …

Go to article

The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers Jan 1994

The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers

Journal Articles

What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …

Go to article

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd Nov 1993

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.

Go to article

Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad

WBIP Creation Up To 1993

No abstract provided.

Go to article

Selected Writings, F. V. Garcia Amador Oct 1993

Selected Writings, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Go to article

Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg Oct 1993

Recent Developments In Latin American Intellectual Property Law: The Venezuelan Response To Andean Pact Decision 313, Mark Greenberg

University of Miami Inter-American Law Review

No abstract provided.

Go to article

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling Oct 1993

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.

Go to article

In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn Oct 1993

In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Go to article

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle Oct 1993

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.

Go to article

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand Oct 1993

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand

University of Michigan Journal of Law Reform

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.

Go to article

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts Oct 1993

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts

Cardozo Law Review

Over the past few years public law debates have invariably focused on the relative significance of legal institutions as expressed in formal legislative and administrative structures versus everyday politics in the resolution of policy questions. This emphasis has been particularly evident in the examination of the appropriate structure and distribution of responsibility for administrative decision making, in general, and presidential authority versus agency autonomy, in particular.

Go to article

First Prev Next Last