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The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods

Michigan Journal of International Law

Neutrality is one of many conceptual fictions of liberal discourse. A legal fiction is "contrived by the law" to facilitate adjudication of issues. Such fictions may serve as symbols, to make abstract concepts tangible or, they may be myths designed to promote some normative principle or goal. The problem arises when these fictions cease to be recognized as inventions, or as "presumptions about reality," and are believed to have an independent existence in reality. Then, they "purport to provide us with an objective and impersonal criterion, but they do not." According to the philosopher Alasdair MacIntyre, a fiction is "a …

War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

Risk, whether market or political, is an important determinant of private investment decisions. One important risk, subject to control by the government, is the risk associated with the hold-up problem: governments can force utilities to shoulder burdensome taxes, to use input factors ineffectively, or to charge unprofitable rates for their service. To attract private investment governments must be able to make commitments to policies that are nonexpropriative (either to contracts that guarantee very high rates of return or to favorable regulatory policies). These commitments, of course, must be credible.

Judgments about the credibility of commitments to regulatory policies are based …

Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner

UIC Law Review

No abstract provided.

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 …

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia 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

UIC Law Review

No abstract provided.

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.

Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock

UIC Law Review

No abstract provided.

A Response To Elliot Richardson - Institutions, Developing Countries And Function, 25 J. Marshall L. Rev. 13 (1991), Daniel B. Magraw Jr.

UIC Law Review

No abstract provided.

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.

Democracy, Counterinsurgency, And Human Rights: The Case Of Peru, Angela Cornell, Kenneth Roberts

Cornell Law Faculty Publications

The wave of authoritarianism that swept over Latin America in the 1960s and 1970s focused international attention on the human rights violations committed by military dictatorships. As most Latin American nations experienced transitions to democratic rule in the 1980s, hopes were raised that human rights would be more widely respected. Nevertheless, it is questionable whether a regime change from dictatorship to democracy necessarily entails renewed respect for human rights. Does redemocratization represent a fundamental change in the exercise of political authority—that is, in relations between the state and civil society—or are there conditions under which democratic institutions and constitutional norms …

Hegel, Hermeneutics, Politics: A Reply To Charles Taylor, Cornel West

Cardozo Law Review

No abstract provided.

Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks

BYU Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

The Jury, Seditious Libel And The Criminal Law, Thomas A. Green

Book Chapters

The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …

The Creation Of Constitutions In Canada And The United States, Richard Kay

Faculty Articles and Papers

No abstract provided.

Book Review, Mark J. Loewenstein

Publications

No abstract provided.

Should Judges Be Politicians?: The English Experience, Gareth Jones

Indiana Law Journal

Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Northwestern Journal of International Law & Business

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.

The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li

Northwestern Journal of International Law & Business

The United States and the People's Republic of China established diplomatic relations on January 1, 1979, while official United States ties with Taiwan terminated on the same day. In this article, Professor Li examines two possible American rationales for continued unofficial ties with Taiwan and the possible legal consequences of adopting either rationale.

United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss

Northwestern Journal of International Law & Business

World trade today involves one-sixth of everything that is grown or manufactured on this planet. Translated into dollars, this amounted to a value last year of one trillion dollars. Of this amount, $150 billion belongs to American agriculture and industry. The enormous stake of the United States in maintaining and encouraging the growth of its exports has led the present Administration to chart an enlightened and courageous trade policy of promoting free and fair trade. Rather than take the politically expedient course of protectionism, this Administration has embarked on the course of lowering barriers to fair trade to ensure the …

Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt

Villanova Law Review (1956 - )

No abstract provided.

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.

Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman

Michigan Law Review

A Review of SOVIET LEGAL PHILOSOPHY. By V. I. Lenin, P. I. Stuchka, M. A. Reisner, E. B. Pashukanis, J. V. Stalin, A.Y. Vyshinsky, P. Yudin, S. A. Golunskii, M. S. Strogovich, and I. P. Trainin. Translated by H. H. Babb. Introduction by J. N. Hazard.

Soviet Civil Law: A Review, Roscoe Pound

Michigan Law Review

Here is an excellent and much needed book. Although the enthusiastic wishful thinking about things Russian, fashionable not so long ago, has for the most part abated, the rise of a new social and economic order on a great scale must call for careful study by lawyers and law-makers no less than by historians and economists and students of politics. Now that a generation has been at work constructively since the destructive era of militant communism after the revolution, we need accurate and objectively presented and interpreted information as to how the administration of justice goes on under "the dictatorship …

Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller

Michigan Law Review

Reading Andrei Y. Vyshinsky's The Law of the Soviet Union ought to be a stimulating and rewarding experience. It is an exposition. of Soviet legal philosophy and of the theory and practice of Soviet public or "state" law. Throughout it purports to compare the premises that underlie Soviet law with those on which ''bourgeois" legal systems are based. Vyshinsky, a famous world figure and the present minister for foreign affairs of the U.S.S.R., wrote part of the book and supervised compiliation of the remainder. The decision of the American Council of Learned Societies to sponsor a translation of the work …