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Articles 9451 - 9480 of 13841

Full-Text Articles in Comparative and Foreign Law

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

With the collapse of Communism and the Cold War geopolitical order, three interrelated tendencies surfaced; the growing disempowerment of ideologies based on modem rationality,' the formation of a new transnational order with an integrated financial system, standards of production and consumption; and, the relative decline of the centralized nation state, and modem territorial sovereignty

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Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss Jan 2002

Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss

Faculty Scholarship

No abstract provided.

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The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost Jan 2002

The Role Of Courts In Health Care Rationing: The German Model, Timothy Stoltzfus Jost

Scholarly Articles

Virtually every country in the world is currently attempting to find ways to ration health care services in order to control exploding health care costs. In some countries the courts play a role in overseeing the rationing of health care. This article examines the role that the courts play in the United States in health care rationing in various contexts and programs. It then goes on to present the German social courts as an alternative model for judicial oversight of health care rationing that is both responsive to the rights of health care consumers and professionals and sensitive to the …

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Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White Jan 2002

Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Recent Developments In International Law: Anti-Terrorism Legislation-Part Two: The Impact And Consequences, Joshua D. Zelman Jan 2002

Recent Developments In International Law: Anti-Terrorism Legislation-Part Two: The Impact And Consequences, Joshua D. Zelman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner Jan 2002

The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera Jan 2002

Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Commanding International Judicial Respect: Reciprocity And The Recognition And Enforcement Of Foreign Judgments, Susan L. Stevens Jan 2002

Commanding International Judicial Respect: Reciprocity And The Recognition And Enforcement Of Foreign Judgments, Susan L. Stevens

UC Law SF International Law Review

The recognition and enforcement of foreign judgments have become one of the most prominent areas of interest for many countries in this day of heightened globalization. While the United States has been generous in its recognition and enforcement of foreign judgments, many foreign countries have been unwilling to honor U.S. judgments. U.S. recognition and enforcement of foreign judgments is currently handled on a state-by-state basis, governed by state statute or common law. From a foreign country perspective, this "system" provides no unified procedure indicating under what conditions foreign judgments will be recognized and enforced. The Council of the American Law …

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Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler Jan 2002

Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler

Law Faculty Publications

No abstract provided.

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Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand Jan 2002

Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand

UC Law SF International Law Review

In its origins, the concept of sovereignty dealt with the relationship between the individual and the "sovereign." Its application to the role of the state in international law developed as a secondary matter, bringing with it discussions of relationships between "sovereign" states. However, international law has moved beyond contemporary notions of sovereignty. Concerns about "giving up sovereignty" through participation in multilateral organizations are often misplaced. In this century the most important developments in international law will not be in state-state relationships but rather in the status and rights of the person in international law. The ultimate propriety of new international …

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80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey Jan 2002

80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski Jan 2002

The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Influence Of The German Concepts Of Volksgeist And Zeitgeist On The Thought And Jurisprudence Of Oliver Wendell Holmes, James Knudson Jan 2002

The Influence Of The German Concepts Of Volksgeist And Zeitgeist On The Thought And Jurisprudence Of Oliver Wendell Holmes, James Knudson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera Jan 2002

Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Operation Enduring Freedom: Legal Dimensions Of An Infinitely Just Operation, Barry A. Feinstein Jan 2002

Operation Enduring Freedom: Legal Dimensions Of An Infinitely Just Operation, Barry A. Feinstein

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety Jan 2002

Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui Jan 2002

Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui

UIC John Marshall Journal of Information Technology & Privacy Law

On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …

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Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey Jan 2002

Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey

UIC John Marshall Journal of Information Technology & Privacy Law

As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …

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Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.

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Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania Jan 2002

Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania

ILSA Journal of International & Comparative Law

With globalization there has been a visible growth in the international trade of legal services.

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The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner Jan 2002

The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner

Scholarly Articles

None available.

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The Brazilian Legal Tradition And Environmental Protection: Friend Or Foe, Janelle E. Kellman Jan 2002

The Brazilian Legal Tradition And Environmental Protection: Friend Or Foe, Janelle E. Kellman

UC Law SF International Law Review

Brazil is home to almost forty-two percent of the area known worldwide as the Amazon basin. Despite its tremendous beauty and ecological richness, the Amazon forest is being destroyed at an unprecedented rate. Legal historians and international scholars have argued that the controversy surrounding the Amazon has stemmed from conflicting economic uses of the forest. Economics, however, is only one piece of the puzzle that accounts for the massive destruction of the rainforest and its surrounding ecosystem. Brazil has a complex set of environmental regulations and statutes. This Article examines how Brazilian legal culture and society have made it virtually …

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Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor Jan 2002

Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

This article argues that in an era of globalization, increased cooperation between States and NGOs is essential. While states will continue to dominate, globalization presents problems that go beyond the individual and even collective capacity of States. It uses microcredit, the practice of providing access to capital and other financial services sums of money to traditionally disadvantaged groups pioneered by the Grameen Bank in Bangladesh as a model for productive collaboration between States and NGOs. It assesses the roadblocks to such a collaborative model, and argues that careful attention to incentives and structure can overcome those hurdles and help all …

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Governance Of Internet Domain Names Against Cybersquatters In China: A Framework And Legal Perspective, Mo Zhang Jan 2002

Governance Of Internet Domain Names Against Cybersquatters In China: A Framework And Legal Perspective, Mo Zhang

UC Law SF International Law Review

Registration of domain names in China has been burgeoning at an accelerated pace in recent years. Due to the lack of an effective link between domain name registration and protection of trademarks, speculators, driven by the potential profit derived from registering famous marks and service marks of others, often abuse the registration and use of domain names. Consequently, trademark infringement stemming from illegal registration and use of domain names has emerged as a serious legal issue. Despite China's efforts to manage and control the registration of domain names through administrative schemes, such remedial measures seem inadequate to solve the thorny …

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State Sponsorship And Support Of International Terrorism: Customary Norms Of State Responsibility, Scott M. Malzahn Jan 2002

State Sponsorship And Support Of International Terrorism: Customary Norms Of State Responsibility, Scott M. Malzahn

UC Law SF International Law Review

International terrorists survive and flourish while working underground and out of sight. However, for all its secrecy, terrorism develops within national borders, often in cooperation with public officials or at the acquiescence of political leaders. This note explores the symbiotic relationship between states and private persons who commit crimes of international terrorism, and analyzes the relevant customary norms of international law that may serve as a legal device to hold states accountable in damages for state sponsorship and support of international terrorism. Although legal remedies to acts of terrorism are not always satisfactory, the potential value and positive externalities of …

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Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell Jan 2002

Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell

Villanova Law Review (1956 - )

No abstract provided.

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Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky Jan 2002

Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky

ILSA Journal of International & Comparative Law

The war on terrorism has a fundamental flaw, which puts its success directly at risk.

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Integrative-Inductive Social Cubism, Lana Russ-Trent Jan 2002

Integrative-Inductive Social Cubism, Lana Russ-Trent

ILSA Journal of International & Comparative Law

Whether in wars between nations or disputes within families, conflict is caused by many factors and forces, both internal and external, micro and macro.

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Resolving Holocaust Claims At The End Of The 20th Century: The United States Government's Role, Eric Rosand Jan 2002

Resolving Holocaust Claims At The End Of The 20th Century: The United States Government's Role, Eric Rosand

ILSA Journal of International & Comparative Law

I will focus on the role the U.S. Government has played in the past few years in the resolution of a number of Holocaust-related disputes

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International Police Force Or Tool For Harassment Of Human Rights Defenders And Political Adversaries: Interpol's Rift With The Human Rights Community, Charles R. Both Jan 2002

International Police Force Or Tool For Harassment Of Human Rights Defenders And Political Adversaries: Interpol's Rift With The Human Rights Community, Charles R. Both

ILSA Journal of International & Comparative Law

The limits imposed on member states are explicitly set forth in Article III of the ICPO-Interpol Constitution and General Regulations.

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