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Articles 1 - 19 of 19
Full-Text Articles in Law
Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo
Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo
All Faculty Scholarship
The past year has witnessed an upsurge of international interest in due process in antitrust enforcement, reflected in two new comparative studies and International Competition Network’s (ICN’s) May 2019 adoption of its Recommended Practices for Investigative Process and Framework for Competition Agency Procedures and the Organization for Economic Cooperation and Development (OECD) Competition Committee’s discussion of the Draft Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement in June 2019. This article reviews those developments, traces key differences among them, and looks ahead to what comes next.
Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson
Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson
All Faculty Scholarship
This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …
Guiding Cases And Bureaucratization Of Judicial Precedents In China, Shucheng Wang
Guiding Cases And Bureaucratization Of Judicial Precedents In China, Shucheng Wang
University of Pennsylvania Asian Law Review
No abstract provided.
Formulating The Korean Supreme Court’S Stature And Roles: With A Focus On The Relationship Between Legislation And Precedents, Justice Jae Hyung Kim, I.Y. Joseph Cho
Formulating The Korean Supreme Court’S Stature And Roles: With A Focus On The Relationship Between Legislation And Precedents, Justice Jae Hyung Kim, I.Y. Joseph Cho
University of Pennsylvania Asian Law Review
No abstract provided.
What Do Chinese Clients Want?, Ji Li, Wei Zhang
What Do Chinese Clients Want?, Ji Li, Wei Zhang
University of Pennsylvania Asian Law Review
No abstract provided.
The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang
The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang
University of Pennsylvania Asian Law Review
No abstract provided.
Building Intellectual Property Infrastructure Along China’S Belt And Road, Peter K. Yu
Building Intellectual Property Infrastructure Along China’S Belt And Road, Peter K. Yu
University of Pennsylvania Asian Law Review
No abstract provided.
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan
University of Pennsylvania Asian Law Review
No abstract provided.
A Marine’S Murder Trial And The Drug War: The “Delicate Balance” Of Criminal Justice In The Philippines, Peter G. Strasser
A Marine’S Murder Trial And The Drug War: The “Delicate Balance” Of Criminal Justice In The Philippines, Peter G. Strasser
University of Pennsylvania Asian Law Review
No abstract provided.
China-Taiwan Relations Re-Examined: The "1992 Consensus" And Cross-Strait Agreements, Yu-Jie Chen, Jerome A. Cohen
China-Taiwan Relations Re-Examined: The "1992 Consensus" And Cross-Strait Agreements, Yu-Jie Chen, Jerome A. Cohen
University of Pennsylvania Asian Law Review
No abstract provided.
Public Interest Lawyering In South Korea: Trends In Institutional Development And Future Sustainability, Patricia Goedde
Public Interest Lawyering In South Korea: Trends In Institutional Development And Future Sustainability, Patricia Goedde
University of Pennsylvania Asian Law Review
No abstract provided.
Private Law Statutory Interpretation, Shyamkrishna Balganesh
Private Law Statutory Interpretation, Shyamkrishna Balganesh
All Faculty Scholarship
This Essay is an attempt to describe the basis and consequences of the disconnect between private law and legislation, both for private law theorizing and legal thinking more generally. It does so by focusing on “private law statutes,” legislation that creates or modifies rights and obligations between parties in their private capacities. Private law statutes do more than merely create private causes of action. While they create private causes, they do so on the basis of principles that are specific to the horizontal interaction between parties, rather than entirely for public-regarding policy reasons. While statutes in the areas traditionally identified …
Designing R&D Incentives In Hong Kong, Noam Noked
Designing R&D Incentives In Hong Kong, Noam Noked
University of Pennsylvania Asian Law Review
No abstract provided.
Can Strategic Human Rights Litigation Complement Social Movements? A Case Study Of The Movement Against Racism And Hate Speech In Japan, Ayako Hatano
University of Pennsylvania Asian Law Review
No abstract provided.
The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market, Irene Calboli
University of Pennsylvania Asian Law Review
No abstract provided.
Dissenting Opinions Of Independent Directors In Taiwan: An Empirical Study, Hsin-Ti Chang
Dissenting Opinions Of Independent Directors In Taiwan: An Empirical Study, Hsin-Ti Chang
University of Pennsylvania Asian Law Review
No abstract provided.
A Look Into Traditional Chinese Administrative Law And Bureaucracy: Feeding The Emperor In Tang Dynasty China, Norman P. Ho
A Look Into Traditional Chinese Administrative Law And Bureaucracy: Feeding The Emperor In Tang Dynasty China, Norman P. Ho
University of Pennsylvania Asian Law Review
No abstract provided.