Digital Commons Network^™

Sexual Orientation And Gender Identity Discrimination, Holning Lau

Holning Lau

Experiments In Comparative Corporate Law: The Recent Italian Reform And The Dubious Virtues Of A Market For Rules In The Absence Of Effective Regulatory Competition, Marco Ventoruzzo

Marco Ventoruzzo

The article addresses a sweeping Reform of corporate law which was enacted by the Italian government in 2003 and came into effect on January 1, 2004. The new statutory regulation significantly increases freedom of contract in corporate law, relying on the idea that the development of an efficient market for rules will allow the "natural selection" of the rules that better suit the need of the different stakeholders. Together - and to some extent to compensate for - this greater freedom of contract, new protections for minority shareholders have also been implemented. The reform also imports into the Italian legal …

“Ya Me Canse”: How The Iguala Mass Kidnapping Demonstrates Mexico’S Continued Failure To Adhere To Its International Human Rights Obligations, Justin A. Behravesh

Justin A. Behravesh

This article addresses the recent kidnapping and disappearance of forty-three college students from Iguala, Mexico (the “Iguala Mass Kidnapping”), under the lens of the International Convention for the Protection of All Persons from Enforced Disappearance (the “Convention”). While Mexico’s reporting documents on its compliance with the Convention paint a positive picture of how that country is adhering to Convention, any notion that the country was in compliance with the Convention was completely shattered through the Iguala Mass Kidnapping. The article concludes that the actions of state officials during the Iguala Mass Kidnapping violated articles one, six, and twenty-three of the …

The Proposed Inheritance Tax And Its Impact On China's Economy, Michael Steve

Michael Steve

No abstract provided.

We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti

Tom Ginsburg

No abstract provided.

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …

A New Index Of Legislative Oversight, Riccardo Pelizzo

riccardo pelizzo

The purpose of this paper is to present a new index of legislative oversight. Building on the work by Stapenhurst (2011), who argued that a proper index of legislative oversight capacity should reflect not only legislatures’ internal oversight capacity but also the impact of contextual factors, we devise and propose a modified version of the Stapenhurst. The results of the empirical analyses presented in the paper sustain the claim that when properly operationalized and measured, legislative oversight capacity is a good predictor of legislative oversight effectiveness and other policy relevant results.

The Education Of Special Needs Children In Uganda: Lessons From The American Legal Environment, David Brian Dennison

David Brian Dennison

This article is a comparative treatment of special education law and policy in Uganda and the United States. The purpose of the article provide additional perspective for those seeking to promote and champion the rights of special needs students in Uganda.

Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill

Susan Harthill

Workers who are bullied at work suffer physically and mentally, and can even be driven to suicide. There ought to be a law against workplace bullying, and in some countries, there is. Despite a growing body of inter-disciplinary work highlighting the prevalence and costs of workplace bullying in the United States, there are currently no U.S. state or federal laws expressly addressing the issue, despite the ground breaking work and legislative efforts of workplace bullying pioneers, David Yamada and Drs. Ruth and Gary Namie. The dismal fact for American workers is that the United States lags behind many other countries …

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman

Deborah M. Weissman

The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …