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Comparative and Foreign Law

UC Law SF International Law Review

2008

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New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson Jan 2008

New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson

UC Law SF International Law Review

This report for the International Association of Procedural Law examines the impact of new technologies on the litigation process in six countries: The United States, Australia, Israel, Singapore, England and Wales, and Canada. Drawing on national reports from each of these countries, it considers: how new technologies are re-shaping the ways that we record and store information in the litigation process; the ways that the participants in the process communicate with one another; and the ways in which the case record or file is developed. It also considers whether new technologies are making the litigation process more efficient, more accessible …


Implementing The Prohibition Of Torture On Three Levels: The United Nations, The Council Of Europe, And Germany, Joachim Herrmann Jan 2008

Implementing The Prohibition Of Torture On Three Levels: The United Nations, The Council Of Europe, And Germany, Joachim Herrmann

UC Law SF International Law Review

In the fight against terrorism the United States government has tried to draw a line between proper and improper methods of interrogation and treatment of detainees. The question whether and to what extent torture and other kinds of ill-treatment might be justified is widely discussed in the United States today. To date, no satisfying answer has been found. There is doubt that a generally accepted answer could ever be found. In view of this dilemma it might be helpful to look beyond the borders of the United States to see what answers have been given elsewhere. This paper will explain …


Less Privacy Please, We're British: Investigating Crime With Dna In The U.K. And The U.S., Duncan Carling Jan 2008

Less Privacy Please, We're British: Investigating Crime With Dna In The U.K. And The U.S., Duncan Carling

UC Law SF International Law Review

The United States and Great Britain are the world leaders in the use of DNA databases for criminal investigations, but the laws governing their use are evolving differently in each country. This note compares the American and British DNA database programs, and looks at two notable differences in practice: the collection of DNA samples from people who have been arrested but not convicted, and the technique of looking for an offender's relatives in the database. The note offers an explanation as to why the legislation is evolving differently, and argues that disparate cultural views on privacy are as much part …


Fifteen Minutes Of Shame: The Growing Notoriety Of Grand Corruption, Mary Evans Webster Jan 2008

Fifteen Minutes Of Shame: The Growing Notoriety Of Grand Corruption, Mary Evans Webster

UC Law SF International Law Review

Today the international community is focused, like never before, on efforts to reduce corruption as an essential component of poverty eradication. Grand corruption is the payment of bribes in connection with major interactions such as large infrastructure projects or arms sales and the abuse of political power to extract and accumulate for private gain. In the last five years, the United Nations, the World Bank and the United States Agency for International Development have all launched aggressive new agendas to address the crime of grand corruption. But, these agendas are not without their shortcomings and ardent critics. This article explores …