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Articles 1 - 28 of 28
Full-Text Articles in Entire DC Network
The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff
The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff
Faculty Scholarship
For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four …
Stare Decisis And Foreign Affairs, Michael P. Van Alstine
Stare Decisis And Foreign Affairs, Michael P. Van Alstine
Faculty Scholarship
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
Faculty Scholarship
As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …
Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine
Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine
Faculty Scholarship
This article explores the possibility of "double jeopardy" protection arising from an international treaty. In specific, it examines whether, either as a matter of general principle or from the treaty's express provisions, the OECD Convention on Combatting Bribery of Foreign Public Officials protects a defendant from multiple or successive prosecutions under our domestic Foreign Corrupt Practices Act.
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Faculty Scholarship
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper
Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper
Maryland Series in Contemporary Asian Studies
No abstract provided.
The State Of Play On International Piracy And Anti-Counterfeiting Strategies, Andy Y. Sun
The State Of Play On International Piracy And Anti-Counterfeiting Strategies, Andy Y. Sun
Maryland Series in Contemporary Asian Studies
No abstract provided.
Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang
Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang
Maryland Series in Contemporary Asian Studies
No abstract provided.
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
Maryland Series in Contemporary Asian Studies
No abstract provided.
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
Maryland Journal of International Law
No abstract provided.
Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld
Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld
Student Articles and Papers
Cross-border bankruptcy continues to be an important topic within bankruptcy regimes worldwide. As more corporations find themselves interacting in a market without the confines of geographic borders, countries need to adapt their regulatory schemes to be able to properly handle an orderly liquidation or reorganization without an adverse impact on the economy. This paper discuses the challenges of a cross-border bankruptcy regime that would be effective and proposes a cooperative solution for increasing coordination among insolvency proceedings. As a result of increasing cooperation among jurisdiction in light of the recent and ongoing financial crisis, reform within the bankruptcy regimes around …
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Maryland Journal of International Law
No abstract provided.
Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo
Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo
Maryland Journal of International Law
No abstract provided.
Orienting Lawyers At China's International Tribunals Before 1949, Tahirih V. Lee
Orienting Lawyers At China's International Tribunals Before 1949, Tahirih V. Lee
Maryland Journal of International Law
No abstract provided.
Resolving Ambiguity In The Fcpa Through Compliance With The Oecd Convention On Bribery Of Foreign Public Officials, Eric J. Smith
Resolving Ambiguity In The Fcpa Through Compliance With The Oecd Convention On Bribery Of Foreign Public Officials, Eric J. Smith
Maryland Journal of International Law
No abstract provided.
Professor Hungdah Chiu, Taiwan, And Cross-Strait Relations, Su Chi
Professor Hungdah Chiu, Taiwan, And Cross-Strait Relations, Su Chi
Maryland Journal of International Law
No abstract provided.
The Impact Of International Law On The Transformation Of China's Perception Of The World: A Lesson From History, Li (James Li) Zhaojie
The Impact Of International Law On The Transformation Of China's Perception Of The World: A Lesson From History, Li (James Li) Zhaojie
Maryland Journal of International Law
No abstract provided.
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Reimagining International Water Law, Tim Stephens
Reimagining International Water Law, Tim Stephens
Maryland Law Review Online
No abstract provided.
Hungdah Chiu, China, And International Law: A Life Well Spent, Jerome A. Cohen
Hungdah Chiu, China, And International Law: A Life Well Spent, Jerome A. Cohen
Maryland Journal of International Law
No abstract provided.
China And The Future Of International Adjudication, Julian Ku
China And The Future Of International Adjudication, Julian Ku
Maryland Journal of International Law
No abstract provided.
Dreaming In Chinese: Accountable Development, Barbara L. Bezdek
Dreaming In Chinese: Accountable Development, Barbara L. Bezdek
Maryland Journal of International Law
No abstract provided.
Iran, Democracy, And International Law, Abteen Karimi
Iran, Democracy, And International Law, Abteen Karimi
Maryland Journal of International Law
No abstract provided.
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
Maryland Journal of International Law
No abstract provided.
Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen
Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen
Maryland Journal of International Law
No abstract provided.
Abbott V. Abbott: An Overly Broad Construction As To Whether Ne Exeat Provisions Create Rights Of Custody Under The Hague Convention On The Civil Aspects Of International Child Abduction, Eve Pachter
Maryland Journal of International Law
No abstract provided.
Georgia V. Russia Federation: A Question Of The Jurisdiction Of The International Court Of Justice, Natalia Lucak
Georgia V. Russia Federation: A Question Of The Jurisdiction Of The International Court Of Justice, Natalia Lucak
Maryland Journal of International Law
No abstract provided.