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Articles 1 - 30 of 139
Full-Text Articles in Law
Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp
Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp
All Faculty Scholarship
This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.
Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least …
Limitations On Government: A Comparative Constitutional Analysis Of American And Iraqi Efforts To Preserve Liberty And To Protect Against Arbitrariness, Hemin Ibrahim Qadir
Limitations On Government: A Comparative Constitutional Analysis Of American And Iraqi Efforts To Preserve Liberty And To Protect Against Arbitrariness, Hemin Ibrahim Qadir
Law Student Scholarship
This dissertation is a comparative study in constitutionalism, the historical process of limiting government powers to enable the people to be well served and protected in important aspects of their human dignity. The two constitutional systems explored here are those of the United States and Iraq.
People have to be guaranteed protection and the Constitution must restrict the government from being too powerful to enact whatever laws or acts they want. The United States of America passed through many stages from the colonial period until present day to limit government powers, to protect human rights, fundamental rights, natural rights, and …
Reconstituting Constitutions—Institutions And Culture: The Mexican Constitution And Nafta: Human Rights Vis-À-Vis Commerce, Imer Flores
Georgetown Law Faculty Publications and Other Works
The aim of this Essay is threefold. First, this Essay will focus on the main characteristics of both the great transformation, experienced in the Mexican institutional economic framework during the last thirty-five years, in general, and within the past twenty years, in particular, that were made through constitutional reforms. In addition, the greater expectation that such structural reforms generated in the process of re-enacting the constitution in the political context, should be along the lines of human rights and separation of powers. Second, this Essay will attempt to bring into play the role of treaties in this transformational process, by …
The Contraception Mandate, Caroline Mala Corbin
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Working Paper Series
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …
Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith
Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith
Law Faculty Publications
No abstract provided.
Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer
Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer
Brookings Scholar Lecture Series
U.S. nuclear arms control policy must address numerous factors, including our strategic relationships with Russia and China, the potential for future nuclear weapons reductions--including non-strategic nuclear weapons, and the offense-defense relationship, given concerns that missile defense developments could in the future affect the nuclear balance. Washington DC must also consider its obligations under the Non-Proliferation Treaty, how to dissuade new countries from joining the nuclear weapons ranks, and what to do about the Comprehensive Test Ban Treaty, which the United States has signed but not ratified. This presentation will explore challenges and opportunities facing Washington DC in the aftermath of …
Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe
Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe
Publications and Research
Hélie & Ashe law review writing raises and responds to a reformulated and broadened version of Susan Okin’s 1999 inquiry, Is Multiculturalism Bad for Women? It identifies social and political developments, as well as legal and theoretical developments, that have occurred in the 21st century and that demand that reformulation.
Not limiting itself (as did Okin’s question) to interrogating the relationship between women’s equality interests and interests in “religious freedom” advanced by minority-religious groups, Hélie & Ashe is the broader inquiry, critical for liberal theory of the 21st century which has been greatly affected by the “ethos …
"They Are Destroying Our Futures": Sexual Violence Against Girls In Zambia's Schools, Women And Law In Southern Africa Trust-Zambia, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic
"They Are Destroying Our Futures": Sexual Violence Against Girls In Zambia's Schools, Women And Law In Southern Africa Trust-Zambia, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic
Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence
This report examines the problem of sexual violence against girls in Zambian schools. In Zambia, many girls are raped, sexually abused, harassed, and assaulted by teachers and male classmates. They are also subjected to sexual harassment and attack while travelling to and from school. Such abuse is a devastating and often overlooked manifestation of the gender-based violence that occurs in numerous settings in Zambia and other countries throughout the world.
This report explores these issues from an international human rights perspective, drawing upon extensive desk research and interviews with 105 schoolgirls and many other stakeholders in Zambia’s Lusaka Province. The …
The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams
The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams
In the Balance
No abstract provided.
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Faculty Scholarship
Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region.
In the absence of national governmental interests and involvement on either side of the frontier, …
Anonymous Withholding Agreements And The Future Of International Cooperation In Taxing Foreign Financial Accounts : Testimony Before The Finance Committee Of The German Bundestag, September 24, 2012 (Statement By Associate Professor Itai Grinberg, Geo. U. L. Center), Itai Grinberg
Georgetown Law Faculty Publications and Other Works
Chairwoman Reinemund and members of the Finance Committee, this testimony will make three key points:
• Automatic information exchange is superior to anonymous withholding for the purpose of combating tax evasion involving the use of foreign financial accounts.
• German ratification of the Swiss-German anonymous tax withholding agreement would stifle the emergence of a multilateral automatic information exchange system. As a result, Germany would be less able to address its own concerns with tax evasion through foreign accounts over the medium term. By ratifying this agreement, Germany would also slow the development of a multilateral system that would allow many …
Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman
Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman
Journal Articles
This essay sketches my personal impressions of the changes that have occurred over the last decade in Israeli checkpoints in and around Jerusalem. These changes are both in the physical design of the checkpoints as well as in their human management. My particular focus is on the women’s human rights organization MachsomWatch. The role of MachsomWatch has changed in a way that parallels the solidification and the bureaucratization of the border. Nowadays, MachsomWatch women - originally avid protestors of the Israeli occupation of the West Bank - have, despite themselves, become a routine feature in the occupational apparatus. This essay’s …
Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan Saab Fortney, Tahlia Gordon
Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan Saab Fortney, Tahlia Gordon
Faculty Scholarship
In Australia, amendments to the Legal Profession Act require that incorporated legal practices (ILPs) take steps to assure compliance with provisions of the Legal Profession Act 2004. Specifically, the legislation provides that the ILP must appoint a legal practitioner director to be generally responsible for the management of the ILP. The ILP must also implement and maintain “appropriate management systems" to enable the provision of legal services in accordance with the professional obligations of legal practitioners. Because the new law did not define “appropriate management systems” (AMS) the Office of Legal Services Commissioner for New South Wales worked with representatives …
Price-Fixing: Hefty Penalties On Big-Biz Cartels Will Provide Level Playing Field To Small Businesses, John M. Connor, Robert H. Lande
Price-Fixing: Hefty Penalties On Big-Biz Cartels Will Provide Level Playing Field To Small Businesses, John M. Connor, Robert H. Lande
All Faculty Scholarship
Cartels are illegal in India, as they are almost everywhere. They are subject to heavy fines. Why, then, do businesses frequently try to fix prices? Because doing so usually is profitable. On average cartels raise prices by more than 20%, and probably face less than a 25% chance of being caught and convicted. Based upon a sample of 75 international cartels, the authors calculate that the expected profits from price fixing almost always exceed the penalties. No wonder businesses often try to fix prices.
Consumer Choice As The Best Way To Describe The Goals Of Competition Law, Robert H. Lande
Consumer Choice As The Best Way To Describe The Goals Of Competition Law, Robert H. Lande
All Faculty Scholarship
This article is both a short introduction to the Consumer Choice explanation for Competition Law or Antitrust Law, and also a short advocacy piece suggesting that Consumer Choice is the best way to articulate the goals of European Competition Law and United States Antitrust Law.
This article briefly:
- defines the consumer choice approach to antitrust or competition law and shows how it differs from other approaches;
- shows that the antitrust statutes and theories of violation embody a concern for optimal levels of consumer choice;
- shows that the United States antitrust case law embodies a concern for optimal levels of consumer …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
All Faculty Scholarship
The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau
Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Litigants coming up against a large banking institution or corporation in Singapore have not always been able to procure quality legal representation. The larger law firms there, with their established dispute resolution practices and stables of Senior Counsel, are often unable or unwilling to act in litigation against their institutional clients. This article investigates the extent of the problem and the Ministry of Law’s soluion of easing the criteria for ad hoc admission of Queen’s Counsel in Singapore. The author then looks, in some detail, at the factors that a court might consider in any foreign lawyer’s application for admission. …
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
All Faculty Scholarship
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Importance Of Constitution-Making, David Landau
The Importance Of Constitution-Making, David Landau
Scholarly Publications
In this short invited contribution, I argue that scholars and policy-makers need to shift focus from the moment at which the break with the old regime occurs towards the moment at which new constitutional orders are constructed. The constitution-making process in countries like Tunisia, Egypt, and Libya, for example, is likely to determine in large measure what these new regimes are likely to look like. In particular, I draw off of a case study of the 2009 military coup in Honduras, which was provoked by ex-President Zelaya’s attempt to call a constituent assembly, to make two points. First, both constitutional …
Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared, S. I. Strong
Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared, S. I. Strong
Faculty Publications
This article compares three issues that have arisen as a result of recent Supreme Court decisions in both countries: the circumstances in which class arbitration is available; the procedures that must or may be used; and the nature of the right to proceed as a class. In so doing, the article not only offers valuable lessons to parties in the U.S. and Canada, but also provides observers from other countries with a useful framework for considering issues relating to the intersection between collective relief and arbitration.
Intellectual Property And Asian Values, Peter K. Yu
Intellectual Property And Asian Values, Peter K. Yu
Faculty Scholarship
From Niall Ferguson to Fareed Zakaria, commentators have paid growing attention to the rise of Asia and its implications for the West. Recent years have also seen the emergence of a growing volume of literature on intellectual property developments in Asia, in particular China and India. Few commentators, however, have explored whether Asian countries will take unified positions on international intellectual property law and policy.
Commissioned for the Inaugural International Intellectual Property Scholars Series, this article fills the void by examining intellectual property developments in relation to the decades-old 'Asian values' debate. Drawing on the region's diversity in economic and …
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Faculty Scholarship
No abstract provided.
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain
Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain
UF Law Faculty Publications
The CISG (Convention on Contracts for the International Sale of Goods) has remarkably facilitated commercial transactions across boundaries and different legal systems. This article, to be published as a Book Chapter, discusses some possible difficulties caused by using different languages, or words which might be interpreted differently, and some solutions and ways to deal with these difficulties. Three kinds of issues have appeared: the first has to do with drafting issues, and the peculiar problem of the six official languages of the Convention. The second set of issues deals with the interpretation of the Convention and the so-called homeward trend. …
Does The Judge Matter? Exploiting Random Assignment On A Court Of Last Resort To Assess Judge And Case Selection Effects, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Does The Judge Matter? Exploiting Random Assignment On A Court Of Last Resort To Assess Judge And Case Selection Effects, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Cornell Law Faculty Publications
We study 1,410 mandatory jurisdiction and 48 discretionary jurisdiction criminal law case outcomes in cases appealed to the Israel Supreme Court in 2006 and 2007 to assess influences on case outcomes. A methodological innovation is accounting for factors - case specialization, seniority, and workload - that modify random case assignment. To the extent one accounts for nonrandom assignment, one can infer that case outcome differences are judge effects. In mandatory jurisdiction cases, individual justices cast 3,986 votes and differed by as much as 15 percent in the probability of casting a vote favoring defendants. Female justices were about 2 to …
Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah
Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah
Reviews
Imagine that a single person had been responsible for all U.S. tax reforms enacted from 1974 to 2012. That was the position of Sven-Olof Lodin, the former president of the International Fiscal Association. For more than 40 years, professor Lodin was the most influential voice in Swedish tax policy. This was not in a single, official governmental capacity, but rather as a member of more than 20 government commissions and working parties on taxation, which were responsible for all the major changes in Swedish tax law in recent decades, including the "Tax Reform of the Century" in 1991. In this …
In The Name Of God The Most Gracious The Most Merciful, Saud Alhassan Saud Abdulaziz Al Saud
In The Name Of God The Most Gracious The Most Merciful, Saud Alhassan Saud Abdulaziz Al Saud
Dissertations & Theses
This thesis explains the Islamic law that applies the Quran and Sunnah as a constitution, and the concept of Rahma. It will emphasize this concept by explaining the rigid law of Hudod, then elaborating on Rahma.
Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam
Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam
Book Chapters
In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …
Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans
Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans
Cornell Law Faculty Publications
Three years after Korea introduced the jury system for the first time in its history, and two years following the Japanese introduction of a mixed court in which citizen and professional judges decide serious criminal cases, the Second East Asian Law and Society Conference was held on September 30th and October 1st, 2011 in the vibrant city of Seoul, South Korea. This Special Issue of the Yonsei Law Journal offers an opportunity to present work on some of the key issues that were discussed and debated at this remarkable conference. In particular, the special issue offers new research on the …