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Articles 9391 - 9420 of 13841

Full-Text Articles in Comparative and Foreign Law

Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon Jul 2002

Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon

Articles

The article critiques the assumption that performance-based executive remuneration aligns managerial and shareholder interests, arguing that executives' positional power allows them to exploit such systems, leading to excessive pay and corporate malfeasance. It highlights how this conflict of interest contributed to major corporate collapses like Enron and One.Tel, emphasizing the need for reforms beyond current governance mechanisms.

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All My Rights, Carl E. Schneider Jul 2002

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …

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A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton Jun 2002

A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton

Washington International Law Journal

The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …

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How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang Jun 2002

How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang

Washington International Law Journal

China regards business methods to be a form of mental activity, and consequently excludes them from patent protection. In recent years, along with the proliferation of computer, telecommunication, and Internet technologies, the line between business methods and technology has blurred. As a result, other patent systems, such as U.S. patent law, have modified or are re-evaluating their patent treatment of business methods. The Chinese patent system is designed to promote the progress of science and technology. Business methods having no technical characters are not technological art. It would thus be overly inclusive to regard every business method as "technology" and …

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Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell Jun 2002

Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell

Washington International Law Journal

In 1999, East Timor voted for independence from Indonesia. That same year the United Nations Security Council created the United Nations Transitional Authority in East Timor ("UNTAET") to help East Timor transition to democracy, self-governance, and sustainable development. Seven years earlier, the United Nations launched a similar mission in Cambodia called the United Nations Transitional Authority in Cambodia ("UNTAC"). There are many similarities between East Timor and Cambodia, and both UNTAET and UNTAC are second-generation United Nations peacekeeping missions. UNTAC and UNTAET had similar mandates, including security, civil administration, and elections. UNTAC encountered opposition from the Cambodian parties, and consent …

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The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon Jun 2002

The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon

Washington International Law Journal

The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …

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Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso Jun 2002

Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso

Washington International Law Journal

Translator's Forward: These are not happy times in Japan. Its economy, at one time the most dynamic on the planet, has been in the dumps for over a decade. The population is both aging and declining. A "lost generation" of young Japanese has come of age amid diminished, and diminishing, expectations. The government, controlled as always by the Liberal Democratic Party ("LDP"), is rigid, bloated, corrupt, and deeply in debt. And there is no real reason to believe that the next decade will bring improvement in any of these areas. Not surprisingly, as Japan's economic juggernaut has faltered, the tone …

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Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White Jun 2002

Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White

Michigan Telecommunications & Technology Law Review

Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States, the fundamental principles underlying each system serve the same basic purpose: to encourage technological innovation and dissemination of knowledge. In granting exclusive patent rights, it is important that the scope of patent protection not be so broad as to remove existing knowledge from the public domain. The scope of protection should strike a balance between granting adequate patent rights while preserving the public's ownership in the public domain or the prior art. To encourage innovation patentees must attain significant exclusive rights, while potential infringers receive …

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Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth Jun 2002

Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth

Washington International Law Journal

Post-Suharto Indonesia has taken steps to liberalize and codify the right of political association through a package of political laws passed by the House of Representatives (Dewan Perwakilan Rakyat or "DPR") in 1999. International pressure and Indonesian mass demonstrations calling for political reform provided the impetus for the passage of the laws. Since this legal reform, the number of registered political parties in Indonesia has jumped from three to over one hundred. Moreover, the laws provided a legal framework for the 1999 general elections, which were widely recognized as free and fair. The initiatives, however, have had limited effect …

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Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola Jun 2002

Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola

Washington International Law Journal

In 2000, Singapore established the national "Bioethics Advisory Committee" to examine the ethical, moral, social, and legal implications of life sciences and biotechnology. The Committee will examine numerous topics, including genetic discrimination, cloning, and stem cell research. The Committee is expected to release its frast set of recommendations concerning stem cell research in the first half of 2002. This paper proposes that leveraging Singapore into a world-class biomedical research center will entail synchronizing the relevant areas of its legal ethics infrastructure and culture with that of the major players in the global biotechnology industry. Conversely, adhering to prevailing local ethical …

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The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang Jun 2002

The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang

Washington International Law Journal

This article was originally presented as The Development of Taiwan's Legal Systems: Towards a Western-style Law, CONFERENCE ON TAIWAN IN THE 20TH CENTURY: A RETROSPECTIVE VIEW, in THE CHINA QUARTERLY AND THE GOVERNMENT INFORMATION OFFICE, R.O.C., (Taipei, Dec. 14-15, 1999). When I wrote that piece, no one could imagine that the Council of Grand Justices would find the newly-amended constitutional provisions unconstitutional, that the National Assembly would be virtually abolished, and that the opposition party would win the presidential election for the first time in Taiwan's history. This revised version of course has taken these crucial events into account. …

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Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur Jun 2002

Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur

Washington International Law Journal

In response to Japan's increasing labor shortage, the Japanese government in 1990 enacted an extensive set of amendments to its restrictive Immigration Control and Refugee Recognition Act to allow for a controlled but broader method of regulating legal entry of foreign workers into Japan. Significant among those amendments are the provisions granting long-term resident status to persons of Japanese descent entering from abroad and the provisions offering additional rights to foreign-born spouses and children of Japanese nationals. These provisions are mainly targeted at descendants of Japanese who emigrated to South America ("Nikkeijin"). While most of the existing literature …

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Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova Jun 2002

Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova

Washington International Law Journal

Russia unambiguously established private land ownership when it adopted the 2001 Land Code, which, although limited to urban and commercial land, clarifies the concept of land ownership in general and allows foreign ownership of those lands. The Land Code permits security interests in commercial and industrial land, which should further stimulate Russia's commercial real estate market, an important component of a functioning market economy. Perhaps the greatest strength of the new Land Code is its provision for foreign ownership, which allows foreign investors to conduct business according to the Western standards without being forced to engage in bribery or other …

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Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder Jun 2002

Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder

Washington International Law Journal

The global demand for traditional Chinese medicine ("TCM") has exploded in the last thirty years. Demand for TCM products increased both domestically in the People's Republic of China ("PRC") and internationally. However, the stigma of "witch doctoring" associated with TCM remains. Several developed nations have established national and local regulation of TCM practitioners to protect their citizens from dangerous treatments. After almost forty years of virtually unregulated endorsement of TCM, China recently began its own standardization of TCM products and practice. The question must be asked, what inspired such a dramatic and rapid change in Chinese policy? The geyser of …

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Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell Jun 2002

Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell

Scholarly Works

It is not the purpose of this study to argue for or against changes in the secured credit or insolvency law of Argentina or the U.S. The perpetual clash of interested noted by James Madison and the contemporary pressures of the global economy are likely to assure that these areas of law will be subject to continuing scrutiny in both countries. Instead, we first urge that the law governing the creation and enforcement of security devices and the way in which insolvency laws impact these devices be considered together as part of one system of financing. The power which secured …

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Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn May 2002

Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn

University of Michigan Journal of Law Reform

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

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Secured Debt And The Likelihood Of Reorganization, Clas Bergström, Theodore Eisenberg, Stefan Sundgren May 2002

Secured Debt And The Likelihood Of Reorganization, Clas Bergström, Theodore Eisenberg, Stefan Sundgren

Cornell Law Faculty Publications

Theory suggests that secured creditors may increasingly oppose a debtor’s reorganization as the value of their collateral approaches the amount of their claims. If reorganization occurs and the value of the firm appreciates, the secured creditor receives only part of the gain. But if the firm’s value depreciates, the secured creditor bears all of the cost. Secured claimants, thus, often have more to lose than to gain in reorganizations. This study of Finnish reorganizations filed in districts that account for most of the country’s reorganizations finds that creditor groups most likely to be well-secured are most likely to oppose reorganization. …

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Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson May 2002

Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson

Michigan Law Review

The late twentieth century ushered in a renewed interest in constitutional democracy as Latin American states revised earlier constitutions and post-Communist countries in Eastern Europe wrote new constitutions to reflect their democratic aspirations. Processes of constitution-making continued throughout the 1990s with new constitutions emerging in states throughout Africa, Latin America, and Europe. The rejuvenation of constitution-making also renewed scholarly interest in comparative constitutionalism. Scholars investigating constitution-making processes in Eastern Europe and Africa soon developed theories on how these processes and the contents of national constitutions changed in the late twentieth century. Donna Lee Van Cott contributes to the new literature …

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The Attitude Of Belgian Authorities Toward New Religious Movements, Adelbert Denaux May 2002

The Attitude Of Belgian Authorities Toward New Religious Movements, Adelbert Denaux

BYU Law Review

No abstract provided.

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Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan May 2002

Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan

BYU Law Review

No abstract provided.

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The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada May 2002

The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada

BYU Law Review

No abstract provided.

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Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic May 2002

Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic

BYU Law Review

No abstract provided.

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Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria May 2002

Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria

BYU Law Review

No abstract provided.

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Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen May 2002

Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen

BYU Law Review

No abstract provided.

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Religion In Turkey, Niyazi Oktem May 2002

Religion In Turkey, Niyazi Oktem

BYU Law Review

No abstract provided.

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Religious Freedom Issues In Hungary, Balazs Schanda May 2002

Religious Freedom Issues In Hungary, Balazs Schanda

BYU Law Review

No abstract provided.

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Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez May 2002

Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez

BYU Law Review

No abstract provided.

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Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky May 2002

Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky

BYU Law Review

No abstract provided.

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Islamic Law And Ambivalent Scholarship, Khaled Abou El Fadl May 2002

Islamic Law And Ambivalent Scholarship, Khaled Abou El Fadl

Michigan Law Review

This book reminds me of the image of the arrogantly condescending and blustering tourist in Cairo who drifts into a store that has taken the trouble of prominently displaying the price of their commodities in nicely typed tags. Nevertheless, the tourist walks in, reads the price tag, and then proclaims, "Okay, what is the real price?" The poor store employee stares at him with incredulity, and simply repeats the price on the tag, and, in response, the tourist emits this knowing and smug smile as if saying, "I know you guys, you never mean what you say; everything in Arab …

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Federalism Or Federationism, William E. Butler May 2002

Federalism Or Federationism, William E. Butler

Michigan Law Review

When I took up my appointment in October 1970 as Reader in Comparative Law in the University of London, I was invited to collaborate in teaching the LL.M.' course in Soviet Law offered within the University on an intercollegiate basis. The course had been introduced two years previously, the first of its kind within the realm. Originally it was offered by a team of three, regrettably all now deceased: Edward Johnson, Ivo Lapenna, and Albert K. R Kiralfy. I had come to England to replace the late Edward Johnson, whose untimely death had left vacant the Readership in Soviet Law, …

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