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Washington & Lee Law School
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Arizona Journal of International and Comparative Law
Volume 17, Number 3, Fall 2000
NAZI FIREARMS LAW AND THE DISARMING OF THE GERMAN JEWS
Stephen P. Halbrook
Nazi firearm policies played an unrecognized role in the eradication of German Jewry in the Holocaust. The Weimer republic enacted Germany's first gun control act. The Nazis seized power in 1933 in part by massive searches and seizures of firearms from political opponents invariably described as "communists". In 1938, Hitler signed a new firearms law that benefited Nazis and denied firearms to "enemies of the state." During Kristallnacht (Night of Broken Glass), the Nazi regime disarmed Germany's Jews, rendering them defenseless. Nazi authorities continued to mistrust civilian firearm owners, and no partisan movement ever arose.
TRIPS: FIVE YEARS OF DISPUTES AT THE WTO
Sue Ann Mota
This article examines the Agreement on Trade-Related Aspects of Intellectual Property Rights, part of the agreement establishing the World Trade Organization. The Article then discusses the five disputes, at the time of publication, taken to the World Trade Organization involving TRIPS. In all five disputes, the complainant prevailed. This may encourage more intellectual disputes to be brought to the World Trade Organization, or it may reflect that only the strongest cases have been brought thus far. The TRIPS agreement and dispute resolution may help foster a more conducive climate for global business, due to the acknowledgment and enforcement of intellectual property rights.
MODELS OF MODERN CORPORATIONS: A COMPARATIVE ANALYSIS OF GERMAN AND U.S. CORPORATE STRUCTURE
Susan Jacqueline Butler
This Article begins by providing a short description of the historical development of German corporations, the so-called Aktiengesellschaften (stock corporations), and a description of the German banking system. Then the unique features of German Aktiengesellschaften, including bank involvement, how it was created by German law and practice, and the influence of European Union law are discussed. The Article then compares the capital structure of German corporations to that of U.S. corporations. The final section compares corporate governance in the United States to the governance system in Germany.
NOT MEETING THE STANDARD: U.S. ASYLUM LAW AND GENDER RELATED CLAIMS
Lindsay A. Franke
This Note discusses United States asylum law and its application to gender-related claims by looking at a recent case, In re R-A-. In that case, the Board of Immigration Appeals denied asylum to a woman who had been the victim of severe domestic violence and could not get aid from her government. This note argues that the immigration laws, specifically, the "particular social group" category, should be interpreted to include recognition of gender-related claims like R-A-'s. This interpretation is in line with international guidelines on human rights and with the INS' own regulations for handling asylum claims from women.
IS THERE A NEED FOR MIRANDA: A LOOK AT AUSTRALIAN AND CANADIAN INTERROGATION
Michael R. McCoy
Miranda v. Arizona has long been a controversial topic in criminal procedure. This Note examines the recent decision Dickerson v. United States, which reaffirmed Miranda. The systems of police interrogation in Canada and Australia will be discussed with a view towards recommending changes to update the admissibility standards developed in Miranda. This note suggests that a totality of the circumstances test be used instead of the rigid formal requirements of Miranda. If a totality of the circumstances is developed, taping of police interrogations should be adopted.
JAMES BROWN v. IN-FRIN-JR: HOW MORAL RIGHTS CAN STEAL THE GROOVE
Brandon G. Williams
U.S. copyright law is predicated on the theory of economic rights, while French copyright law is based on the notion of moral rights. An economic rights copyright regime emphasizes securing a pecuniary reward for the fruits of creativity rather than protecting the product of creativity itself. In contrast, a moral rights copyright regime stresses that protection of the product of creativity itself. In the end, a copyright infringement case might conclude differently in an economic rights jurisdiction and a moral rights regime. Given the prevalence and copyright implications of the modern phenomenon of digital sampling is worthy attention. Therefore, the hypothetical case, James Brown v. IN-FRIN-JR, explores how a digital sampling copyright infringement case would conclude in an economic rights regime, and in a moral rights regime. Drawing from the resolution of this hypothetical case, the normative conclusion is that an economic rights copyright regime more effectively implements the objectives of copyright law than does a moral rights regime.