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Duke Law

Duke Journal of Comparative & International Law

2015

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Journal Staff Oct 2015

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.


Constitutional Impediments To Decentralization In The World's Largest Federal Country, Sharmila L. Murthy, Maya J. Mahin Oct 2015

Constitutional Impediments To Decentralization In The World's Largest Federal Country, Sharmila L. Murthy, Maya J. Mahin

Duke Journal of Comparative & International Law

Decentralization is often advocated as a means of improving local democracy and enhancing what economists call allocative efficiency. In federal countries, where power is already divided between national and state governments, decentralization involves the devolution of power from state to local governments. The world’s largest federal country, India, took an unusual step to advance decentralization: it passed the 74th Constitutional Amendment Act to confer constitutional status on municipalities. However, India’s efforts to promote the devolution of power through a national urban renewal scheme have not succeeded for three reasons. The first is that India’s decentralization process is incomplete. Political decentralization …


The Value Of Your Ancestors: Gaining "Back-Door" Access To The European Union Through Birthright Citizenship, Michael D. Moritz Oct 2015

The Value Of Your Ancestors: Gaining "Back-Door" Access To The European Union Through Birthright Citizenship, Michael D. Moritz

Duke Journal of Comparative & International Law

No abstract provided.


Explaining International Variance In Foreign Bribery Prosecution: A Comparative Case Study, Sara C. Sáenz Oct 2015

Explaining International Variance In Foreign Bribery Prosecution: A Comparative Case Study, Sara C. Sáenz

Duke Journal of Comparative & International Law

No abstract provided.


Human Rights Accountability Through Treaty Bodies: Examining Human Rights Treaty Monitoring For Water And Sanitation, Benjamin Mason Meier, Yuna Kim Oct 2015

Human Rights Accountability Through Treaty Bodies: Examining Human Rights Treaty Monitoring For Water And Sanitation, Benjamin Mason Meier, Yuna Kim

Duke Journal of Comparative & International Law

Framing scholarship on human rights accountability through treaty bodies, this article examines the water and sanitation content of state human rights reporting to the United Nations Committee on Economic, Social and Cultural Rights. In this novel application of analytic coding methods to state human rights reports, the authors trace the relationship between human rights advancements on water and sanitation and treaty body monitoring of water and sanitation systems. These results raise an imperative for universal human rights indicators on the rights to water and sanitation, providing an empirical basis to develop universal indicators that would streamline reporting to human rights …


Promoting "Academic Entrepreneurship" In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina D. Tvarnø Oct 2015

Promoting "Academic Entrepreneurship" In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina D. Tvarnø

Duke Journal of Comparative & International Law

In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the European Union (“EU”) needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private …


Contextualizing Universal Human Rights: An Integrated Human Rights Framework For Asean, Yvonne Xin Wang Apr 2015

Contextualizing Universal Human Rights: An Integrated Human Rights Framework For Asean, Yvonne Xin Wang

Duke Journal of Comparative & International Law

No abstract provided.


Children In Reality Tv: Comparative And International Perspectives, Benjamin Shmueli Apr 2015

Children In Reality Tv: Comparative And International Perspectives, Benjamin Shmueli

Duke Journal of Comparative & International Law

No abstract provided.


A Comparative Analysis Of Public And Private Political Risk Insurance Policies With Strategic Applications For Risk Mitigation, James J. Waters Apr 2015

A Comparative Analysis Of Public And Private Political Risk Insurance Policies With Strategic Applications For Risk Mitigation, James J. Waters

Duke Journal of Comparative & International Law

No abstract provided.


Journal Staff Apr 2015

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.