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Gender Equality, Social Values And Provocation Law In The United States, Canada And Australia, Caroline A. Forell Feb 2006

Gender Equality, Social Values And Provocation Law In The United States, Canada And Australia, Caroline A. Forell

ExpressO

In this article I examine and compare the partial defense of provocation as it applies to domestic homicide in Australia, Canada, and the United States on both the gendered-male basis of jealous rage and gendered-female basis of fear. I explain why substantive equality, prevalent under Canadian constitutional law, has not resulted in woman-friendly provocation rules in Canada and the United States and why Australia is the leader in incorporating substantive equality into its provocation doctrine. I conclude that the main reason why some Australian jurisdictions have abolished provocation and others have female-friendly versions of the doctrine is that, unlike Canada ...


On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters Feb 2006

On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters

ExpressO

On the Legal Construction of Ethnic Cleansing

Timothy William Waters, Univ. Mississippi School of Law

Abstract

What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary ...


Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao Feb 2006

Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao

ExpressO

As the world economy and financial markets become increasingly more integrated, cross-boarder securities transaction becomes a daily event. Because Unite States has the world’s largest and arguably most liquid capital markets, it has attracted a significant number of foreign companies to cross-list their stocks in a U.S. stock exchange. Unavoidably, such transactions will not only bring out fortune, but also disputes between transacting parties. Relying on the powerful federal securities law , U.S. investors who have bought or sold such stocks have routinely sued foreign stock issuers through class action when the stock prices went down, alleging their ...


Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato Feb 2006

Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato

ExpressO

Cambodia’s current criminal defamation law is an impermissible intrusion of Cambodians’ constitutionally guaranteed right to freedom of expression. The law itself is a remnant of the United Nations Transitional Authority in Cambodia. Moreover it is now being used as a tool to silence the government’s political opposition through a weak judiciary system, leaving in its wake a democracy afraid to exercise its constitutionally guaranteed rights. This law is an unconstitutional violation for several reasons: first, it violates the right to freedom of expression which is guaranteed in Cambodia’s Constitution. Secondly, it is incompatible with Cambodia’s human ...


Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta Feb 2006

Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta

ExpressO

A comparative review of legislative reactions to corporate scandals such as Enron and WorldCom. This paper examines American, Irish, and European Union legislation meant to deal with regulating corporations.


Extinguishing Security Interests: Secured Claims In Japanese Reorganization Law And Some Policy Implications To The U.S. Law, Wataru Tanaka Feb 2006

Extinguishing Security Interests: Secured Claims In Japanese Reorganization Law And Some Policy Implications To The U.S. Law, Wataru Tanaka

ExpressO

This Article examines how secured claims are treated in Japanese business reorganization law, especially in the Civil Rehabilitation Act (Minji saisei ho), which was enacted in 1999 as the new general reorganization regime in Japan. Unlike the U.S. Bankruptcy Act, the Civil Rehabilitation Act does not have automatic stay on secured claims, nor does it allow any modification of secured claims by the rehabilitation plans. However, the Civil Rehabilitation Act has a unique procedure to restrict the rights of secured creditors, which is called “the procedure of extinguishing security interests (tanpo-ken shometsu seikyu tetsuzuki).” This procedure permits a debtor ...


Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan Jan 2006

Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan

Melissa K. Scanlan

No abstract provided.


Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski Jan 2006

Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski

Melissa K. Scanlan

No abstract provided.


Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang Dec 2005

Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang

Richard Li-dar Wang

In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights ...