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Comparative and Foreign Law

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UC Law SF

2016

Articles 1 - 22 of 22

Full-Text Articles in Law

Capturing The Insights: Commonalities And Differences, Naomi Roht-Arriaza Jan 2016

Capturing The Insights: Commonalities And Differences, Naomi Roht-Arriaza

UC Law SF International Law Review

No abstract provided.


Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little Jan 2016

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little

UC Law SF International Law Review

No abstract provided.


Religious Law And Women's Human Rights: Reflections Upon The African Human Rights System, Julia L. Ernst Jan 2016

Religious Law And Women's Human Rights: Reflections Upon The African Human Rights System, Julia L. Ernst

UC Law SF International Law Review

In many countries, governments have permitted the application of religious laws and have delegated judicial authority to religious courts. These practices may violate women's human rights for at least four reasons. First, women are barred from leadership positions within many religious institutions, and are therefore prevented from helping interpret the religious precepts and develop the law that is being applied by the religious courts. This exclusion of women violates their right to participate in governance, democracy, and decision-making, which are essential components of law-making. Second, women are excluded from serving as judges on religious courts, thereby calling into question the …


Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity, Kate E. Bloch Jan 2016

Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity, Kate E. Bloch

UC Law SF International Law Review

No abstract provided.


The Burden Of Proof In International Commercial Arbitration: Are We Allowed To Adjust The Scales, Francisco Blavi, Gonzalo Vial Jan 2016

The Burden Of Proof In International Commercial Arbitration: Are We Allowed To Adjust The Scales, Francisco Blavi, Gonzalo Vial

UC Law SF International Law Review

This work discusses the possibility of the parties to change the burden of proof rules in international commercial arbitration and the powers of the arbitral tribunal in this regard, concluding that the parties are entitled to alter the referred rules subject to some limitations, such as the principle of fair and equal treatment, mandatory rules and considerations of public policy and good faith. In addition, we observed that even though arbitrators have broad powers to determine the burden of proof, they are generally obliged to respect the agreements reached by the parties in relation with that burden.


Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache Jan 2016

Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache

UC Law SF International Law Review

No abstract provided.


Cultural Factors And Ethical Integrity, Jessica Vapnek Jan 2016

Cultural Factors And Ethical Integrity, Jessica Vapnek

UC Law SF International Law Review

No abstract provided.


Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner Jan 2016

Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner

UC Law SF International Law Review

No abstract provided.


Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips Jan 2016

Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips

UC Law SF International Law Review

No abstract provided.


Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema Jan 2016

Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema

UC Law SF International Law Review

No abstract provided.


A Comparative Perspective: Recognition Of The Continuous Injury Trigger In Insurance Law In The United States And The United Kingdom, Emalie Diaz Sundale Jan 2016

A Comparative Perspective: Recognition Of The Continuous Injury Trigger In Insurance Law In The United States And The United Kingdom, Emalie Diaz Sundale

UC Law SF International Law Review

The standard Commercial General Liability coverage form obligates an insurer to indemnify the insured for bodily injury and property damages caused by an "occurrence" during the policy period. The form defines "occurrence" as "an accident, including continuous or repeated exposure to substantially the same harmful condition." When an injury occurs over a period of time, questions arise in pinning down a precise moment when such a continuous injury begins. The question of whether the resulting injury is covered under a given insurance policy, or, whether the insurance policy has been "triggered," vexes courts in the United States and the United …


Victims, Violence, And Voice: Transitional Justice, Oral History, And Dealing With The Past, Anna Bryson Jan 2016

Victims, Violence, And Voice: Transitional Justice, Oral History, And Dealing With The Past, Anna Bryson

UC Law SF International Law Review

Transitional justice is concerned with the legal and social processes established to deal with the legacy of violence in post-authoritarian and post-conflict contexts. The interview-in different guises, contexts and settings-is at the heart of most transitional justice processes. Prosecutorial mechanisms, truth recovery commissions, assessments for reparations, applications for amnestyall of these and more are fueled by the art of one human being interviewing another and then presenting or "re-presenting" the material recorded, to make it "fit" with the broader transitional goals of a particular institution. Most transitional justice institutions are, in the final analysis, "creatures of law." They are typically …


Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa Jan 2016

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.


"One Order Of Genocide And Two Sides Of Extinction": Proposing An International Solution To Preventing The Destruction Of The Elephant And Rhinoceros Species In Mozambique And Tanzania, Sean Pan Jan 2016

"One Order Of Genocide And Two Sides Of Extinction": Proposing An International Solution To Preventing The Destruction Of The Elephant And Rhinoceros Species In Mozambique And Tanzania, Sean Pan

UC Law SF International Law Review

This Note posits the notion that the massacre of the elephant and rhinoceros species in Mozambique and Tanzania resembles the type of monstrous conduct the international community generally brands as the crime of genocide. While it is folly to ignore genocide's historical application towards human victims, both the relentless manner in which these animals are killed along with their drastically diminished populations begs, at least, for international criminal charges and convictions. Additionally, modern legal precedent and historical practices suggest a broader application of the crime of genocide-one that should include other protected and threatened groups.


More Behavioral Vs. More Economic Approach: Explaining The Behavioral Divide Between The United States And The European Union, Philipp Hacker Jan 2016

More Behavioral Vs. More Economic Approach: Explaining The Behavioral Divide Between The United States And The European Union, Philipp Hacker

UC Law SF International Law Review

While U.S. courts and regulatory agencies have set sail towards what may be dubbed a "more behavioral approach," their European counterparts still navigate the charted waters of a neoclassical "more economic approach," as first advocated in E.U. competition law. This paper claims that this "behavioral divide" can be explained by a theory of social norms and expectations.


Glass Ceiling Or Iron Weight?: Challenges For Female Employees On Their Path To Becoming Managers And Executives In Japan, Hiroya Nakakubo Jan 2016

Glass Ceiling Or Iron Weight?: Challenges For Female Employees On Their Path To Becoming Managers And Executives In Japan, Hiroya Nakakubo

UC Law SF International Law Review

No abstract provided.


Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode Jan 2016

Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode

UC Law SF International Law Review

No abstract provided.


Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida Jan 2016

Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida

UC Law SF International Law Review

No abstract provided.


Building Judicial Integrity In China, Hualing Fu Jan 2016

Building Judicial Integrity In China, Hualing Fu

UC Law SF International Law Review

No abstract provided.


Independence Of Bulgarian Judges, Evgeni Georgiev Jan 2016

Independence Of Bulgarian Judges, Evgeni Georgiev

UC Law SF International Law Review

No abstract provided.


Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr. Jan 2016

Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr.

UC Law SF International Law Review

No abstract provided.


Will Prime Minister Abe's Womenomics Break Glass Ceilings In Japan, Hiroko Goto Jan 2016

Will Prime Minister Abe's Womenomics Break Glass Ceilings In Japan, Hiroko Goto

UC Law SF International Law Review

No abstract provided.