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Articles 11341 - 11370 of 13717
Full-Text Articles in Comparative and Foreign Law
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
UIC Law Review
No abstract provided.
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
UIC Law Review
No abstract provided.
Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson
Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson
Faculty Scholarship
No abstract provided.
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
UIC Law Open Access Faculty Scholarship
No abstract provided.
Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey
Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo
LLM Theses and Essays
The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis analyzes current …
Restrictions On Cartels In Japan Comparing With Those On Horizontal Price-Fixing In The United States, Shinobu Obata
Restrictions On Cartels In Japan Comparing With Those On Horizontal Price-Fixing In The United States, Shinobu Obata
LLM Theses and Essays
This thesis examines restrictions on price-fixing cartels under Japan's Antimonopoly Law (AML) in comparison with U.S. antitrust law governing horizontal price-fixing under Section 1 of the Sherman Act. Written against the backdrop of the 1989–1990 Structural Impediments Initiative (SII), in which the United States urged Japan to enforce its antitrust laws more aggressively against exclusionary cartel practices, the thesis traces the legal history of the AML — from its 1947 enactment under U.S. occupation influence, through its 1953 relaxation (which deleted the strict per se illegality provision and introduced cartel exemptions), to the renewed push for aggressive enforcement in the …
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Journal Articles
The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Michigan Journal of International Law
This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.
Books Received, Michigan Journal Of International Law
Books Received, Michigan Journal Of International Law
Michigan Journal of International Law
List of books received by the Journal.
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee
Michigan Journal of International Law
Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …
Empowering The Russian Consumer In A Market Economy, James P. Nehf
Empowering The Russian Consumer In A Market Economy, James P. Nehf
Michigan Journal of International Law
One purpose of this article is to examine how the legislative product of a declining socialist state will benefit Russian consumers during the unusual circumstances characterizing the period of market transformation. A second purpose is to familiarize Western consumerists with the decidedly pro-consumer features of the Russian law. Part I analyzes the consumer law's provisions that elevate the legal status of consumers when they purchase goods and services. Part II examines the legislation from a different perspective - as a set of legal norms affecting the operation of consumer markets generally. Part III discusses the enforcement mechanisms established in the …
Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió
Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió
Michigan Journal of International Law
This article offers three comparative insights. First, it concludes that comparative inquiries into presidential systems may be useful for those interested in constitutional government, regardless of historical, cultural, or other contextual differences among nations. Thus, nations with presidentialist constitutional systems may have common problems because of the institutional presidency. The article maintains that our presidential systems are in such states of disrepair that a fundamental reinvigoration of the legislative and judicial branches is required, so that government may better serve important constitutional values in our nations.
Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny
Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny
Michigan Journal of International Law
In October 1989, the Hungarian Communist regime collapsed and was replaced by a democratic government. This new government was confronted with a visible and grave concern: environmental degradation. In just three years, the new Hungarian government, sometimes of its own impetus, sometimes at the prodding of environmentalists and foreign governments, has taken tremendous steps toward establishing palpable environmental legislation. More importantly, it has created an administrative and information-gathering infrastructure capable of sustaining a cohesive system of environmental protection initiatives. Although the path to further progress is littered with obstacles, this East European country has proven itself a worthy warrior in …
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Michigan Journal of International Law
Review of the book edited by Martin Führ and Gerhard Roller.
The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster
The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster
UIC Law Review
No abstract provided.
Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth
Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Michigan Journal of International Law
This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …
Business Buy Outs And International Regulation, Keizo Sakata
Business Buy Outs And International Regulation, Keizo Sakata
UC Law SF International Law Review
Although business buy-outs have traditionally been disfavored in Japan, recently Japanese businesses have begun to recognize the numerous benefits business buy-outs offer. The number of Japanese corporations purchasing foreign businesses has dramatically increased in recent years. Business buy-outs, however, pose numerous problems for both the purchasing company and the company being purchased. The author argues that government regulation of business buy-outs should be increased to minimize the problems which may result from such business activity.
Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus
Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus
UC Law SF International Law Review
The accumulation of radioactive waste is increasingly becoming a world environmental crisis. Radioactive waste poses a special problem to the countries of the European Community. Europe has committed itself to nuclear power and has become one of the world's largest producers of nuclear energy. Moreover, with the 1992 unification of the European Community, nuclear energy output will increase, resulting in a growing production of radioactive waste. Within the European Community, the disposal of radioactive waste is governed by the Euratom Treaty. However, its effectiveness is sharply limited. Individual Member-states retain significant discretion under the Treaty to direct their nuclear energy …
Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca
Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca
UC Law SF International Law Review
Constitutional debate in the United Kingdom is focusing on whether the electoral system fairly represents the population. This Note examines the unwritten British Constitution that gives politicians complete control over the country's electoral system. The Note argues that political self-interest has led to current first-past-the-post electoral system that ignores the will of a diverse electorate by polarizing government. The Note then examines alternate electoral systems that use proportional representation to ensure the election of third party candidates. The Note concludes by recommending adoption of an electoral system that incorporates diversity while remaining true to the constitutional heritage of the United …
Canadian Rape Shield Statutes, Mary A. Wagner
Canadian Rape Shield Statutes, Mary A. Wagner
UC Law SF International Law Review
No abstract provided.
Extraterritorial Jurisdiction--Environmental Muscle For The North American Free Trade Agreement, Richard Vaznaugh
Extraterritorial Jurisdiction--Environmental Muscle For The North American Free Trade Agreement, Richard Vaznaugh
UC Law SF International Law Review
Critics of the North American Free Trade Agreement (NAFTA) have often focused on Mexico's lack of regulatory enforcement of environmental protection laws. These critics fear that the passage of NAFTA will cause many industries to flock to the Mexican side of the border. These industries will degrade the local environment in the border region and drive U.S. firms complying with our more burdensome (and hence costly) environmental regulations out of business. This Note proposes as a solution to this problem, applying extraterritorial jurisdiction by U.S. courts over environmental claims arising in Mexico. Congress could, by statute, abolish forum non conveniens …
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Northwestern Journal of International Law & Business
It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Northwestern Journal of International Law & Business
Most brokerage problems are traceable to the troubled history of freight brokers, which has been a constant struggle between regulation and deregulation. Arguably, brokers have been subjected to more extremist regulation than any other industry during the last fifty years. The pattern of extremism began when Congress imposed massive regulations on freight brokers as part of the Motor Carrier Act of 1935. The 1935 regulations completely stifled the U.S. brokerage industry. Forty-five years later, Congress moved to the other regulatory extreme when it passed the Motor Carrier Act of 1980,6 which virtually deregulated the brokerage industry The eased entry controls …
The French Référé Procedure - A Legal Miracle?, Wallace R. Baker, Patrick De Fontbressin
The French Référé Procedure - A Legal Miracle?, Wallace R. Baker, Patrick De Fontbressin
University of Miami International and Comparative Law Review
No abstract provided.
The Association Agreement Between The Republic Of Poland And The European Community: An Economic And Political Analysis, Ania M. Frankowska-Budzen
The Association Agreement Between The Republic Of Poland And The European Community: An Economic And Political Analysis, Ania M. Frankowska-Budzen
University of Miami International and Comparative Law Review
No abstract provided.
Harmonization Of Indirect Taxation And The Creation Of The Internal Market, Till Müller-Ibold
Harmonization Of Indirect Taxation And The Creation Of The Internal Market, Till Müller-Ibold
University of Miami International and Comparative Law Review
No abstract provided.
Book Review: Policing Japan, Daniel H. Foote
Book Review: Policing Japan, Daniel H. Foote
Book Reviews
Professor Setsuo Miyazawa's Policing in Japan: A Study on Making Crime represents a very valuable addition to the growing body of English-language works on the Japanese police. This is the first such observational study of the police by a Japanese scholar and the only study to examine the behavior of Japanese detectives. Miyazawa, a professor at Kobe University and one of the leading legal sociologists in Japan, has buttressed his own observations with an extensive, and revealing, questionnaire survey of police attitudes.