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Articles 1 - 28 of 28
Full-Text Articles in Law
Introduction: Comparative Comparative Law, Jorge L. Esquirol
Introduction: Comparative Comparative Law, Jorge L. Esquirol
FIU Law Review
This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
FIU Law Review
Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …
The Spree Of Principles And The Abuses Of The Balancing Doctrine In Brazil, Ronaldo Porto Macedo
The Spree Of Principles And The Abuses Of The Balancing Doctrine In Brazil, Ronaldo Porto Macedo
FIU Law Review
This article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent …
Urban Commons In Italy, Michele Graziadei
Urban Commons In Italy, Michele Graziadei
FIU Law Review
The Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is …
Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi
Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi
FIU Law Review
The cultural environment of Italian academia was open to suggestions that came from other legal systems and shaped an eclectic legal culture. Italy is an hybrid system that took the code from France, the legal science from Germany, and has always been receptive of foreign suggestions. This cultural background may explain why the Italian legal curriculum requires a mandatory course of comparative law and why comparative law has been an important field of Italian legal research. At the same time, comparative law was characterized by an an important mark of antiformalism, necessary to swim through the times of Fascism and …
Conscientious Objection And Abortion: The Italian Pseudo-Exceptionalism, C. Crea
Conscientious Objection And Abortion: The Italian Pseudo-Exceptionalism, C. Crea
FIU Law Review
Threats to abortion and reproductive rights are well-rooted in global discursive and strategic practices promoted by conservative and ‘pro-life’ movements and narratives. Starting from these premises, this essay will focus on abortion access in Italy and the barrier caused by conscientious objection among medical personnel, which appears indefensible in light of both international human rights regimes and philosophical-theoretical perspectives. The main questions explored here are the following: Is conscientious objection to abortion really based on Catholic moral teaching, which constitutes the conventional religious wisdom of the national societal fabric? How and to what extent are Catholic and conservative moral narratives …
Global Antitrust From The Global South: A Comparative Law Void, Dina I. Waked
Global Antitrust From The Global South: A Comparative Law Void, Dina I. Waked
FIU Law Review
This paper discusses the attempts at creating an international antitrust regime from the perspective of the Global South. Today’s diffused competition laws, have arguably muted calls for an international antitrust regime. Given this diffusion, a global regime has indeed emerged. Within such a system, differentiated and selective antitrust enforcements are proposed as ways to achieve national public interest goals.
Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty, Charles H. Brower Ii
Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty, Charles H. Brower Ii
FIU Law Review
Investment treaty arbitration has become politically “toxic” even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result, reform efforts have a stumbling quality. One can see this in multilateral fora, such as the United Nations Commission on International Trade Law (UNCITRAL), where over four years of study and negotiations have produced little consensus. One can also see it in …
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
FIU Law Review
Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong …
Association For The Study Of The Cuban Economy (Asce) Thirty-Second Annual Conference: Introduction, Karla Rivas
Association For The Study Of The Cuban Economy (Asce) Thirty-Second Annual Conference: Introduction, Karla Rivas
FIU Law Review
No abstract provided.
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
FIU Law Review
The environmental legal framework in Cuba is based on constitutional article 75 and Law 81, of July 11, 1997, on the environment, a framework law on the matter, with a series of complementary provisions with the rank of Decree Law or Ministerial Resolution. The adoption of the new constitutional text in 2019 is followed by the updating of all environmental legislation that requires a new framework law, which fills the gaps in the current one and leads to more effective environmental management. The paper addresses some of the areas in which significant changes have occurred or should occur. In particular, …
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
FIU Law Review
My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
FIU Law Review
In this paper my co-author and I will present the various crises that are taking place in Cuba at present: economic, political, and cultural. We rely on published data, such as the GDP, as well as materials from in-depth interviews and participant observation.
The External Sector Of Cuba’S Economy: Performance And Challenges, Paolo Spadoni
The External Sector Of Cuba’S Economy: Performance And Challenges, Paolo Spadoni
FIU Law Review
Amid ongoing economic reforms, Cuba faces its most severe crisis since the 1990s Soviet Union collapse. Transitioning into a service-oriented economy, it grapples with inefficiencies, a feeble production base, and a struggling external sector. Traditionally reliant on sugar, Cuba now depends on international tourism and professional services for hard currency. However, these lack domestic production ties, limiting economic impact. Systemic constraints, a trade deficit, and dependence on imports compound challenges. Fading Venezuelan support, U.S. sanctions, the COVID-19 pandemic, and geopolitical events exacerbate economic woes. This study delves into GDP growth, trade, financial struggles, and external factors, highlighting critical hurdles impeding …
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
FIU Law Review
No abstract provided.
Credit Supports For Italian Specialty Products: The Case Of Prosciutto And Long-Aged Cheese, Jorge L. Esquirol
Credit Supports For Italian Specialty Products: The Case Of Prosciutto And Long-Aged Cheese, Jorge L. Esquirol
FIU Law Review
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
FIU Law Review
No abstract provided.
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
FIU Law Review
No abstract provided.
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
FIU Law Review
No abstract provided.
Narratives Of Quality In European Food Governance And Beyond, Lorenzo Bairati
Narratives Of Quality In European Food Governance And Beyond, Lorenzo Bairati
FIU Law Review
No abstract provided.
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia
FIU Law Review
No abstract provided.
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
FIU Law Review
No abstract provided.
“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo
“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo
FIU Law Review
No abstract provided.
Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu
Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu
FIU Law Review
No abstract provided.
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
FIU Law Review
No abstract provided.
Restitutionary Remedies In Three-Party Cases: A Comparative Perspective, John D. Mccamus
Restitutionary Remedies In Three-Party Cases: A Comparative Perspective, John D. Mccamus
FIU Law Review
No abstract provided.
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony Sebok
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony Sebok
FIU Law Review
No abstract provided.
Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars
Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars
FIU Law Review
No abstract provided.