Law Commons^™

American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones

Brigham Young University International Law & Management Review

No abstract provided.

The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger

Pace Law Review

No abstract provided.

Private And Public Construction In Modern China, Gregory M. Stein

San Diego International Law Journal

During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …

The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby

San Diego International Law Journal

This Article discusses the history, purposes and provisions of the Foreign Corrupt Practices Act, and traces its use and enforcement activity from 1977 to the present. This once little-used law has in recent years become the focus of aggressive activity by both the U.S. Department of Justice and the Securities and Exchange Commission. The manuscript also includes numerous charts reporting on key cases and enforcement activities over the last thirty-three years by the DOJ and SEC, as well as other information and statistics regarding the Foreign Corrupt Practices Act.

Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate

San Diego International Law Journal

This Article analyzes two key critical moments in the empowerment of the Supreme Court of India--the assertion of the basic structure doctrine, in which the Court asserted that constitutional amendments may be held unconstitutional on substantive grounds, and the development of the Public Interest Litigation (PIL) regime, through which the Court sought to protect and promote the rule of law and assume an expanded role in governance. I argue, in this article, that these two moments are exemplars of two types of moments that capture distinct aspects of the role of courts in different polities--"constitutional entrenchment" and "judicialization of governance" …

Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich

San Diego International Law Journal

There has always been tension between European countries and the United States on the topic of evidence gathering. Much of that tension stems from the inherent differences between common and civil policies and methods. Until the Hague Convention, the process for obtaining evidence abroad was cumbersome and unreliable. The Hague Convention sought to change that by providing signatory countries more effective methods of cooperating with each other in international litigation. However, the Hague Convention has not been able to achieve its purpose, at least not in the United States. U.S. courts have interpreted the Hague Convention as optional, meaning it …

What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro

University of Miami Inter-American Law Review

No abstract provided.

Managed Engagement: The Case Of Castro's Cuba, Daniel Fisk, Courtney R. Perez

University of Miami Inter-American Law Review

No abstract provided.

Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks

University of Miami International and Comparative Law Review

No abstract provided.

Enforcing International Corrupt Practices Law, Paul D. Carrington

Michigan Journal of International Law

This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

Conflicts In International Tort Litigation Between U.S. And Latin American Courts, John Baker, Agustín Parise

University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Comity: Another Nail In The Coffin Of Institutional Homophobia, Nanci Schanerman

University of Miami Inter-American Law Review

No abstract provided.

Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines, Travis Bennion Olsen

University of Miami Inter-American Law Review

No abstract provided.

El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas, Euyelit Adriana Moreno-Paredes

University of Miami Inter-American Law Review

No abstract provided.

Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton

Annual Survey of International & Comparative Law

This article examines a feminist argument concerning the gendered structure of tort law in which interests that can be identified as gendered are subject to different levels of recognition resulting from gender bias. Using a comparative methodology, the article contends that negligence law regarding pure-economic loss and indirect-emotional harm is constructed along lines of gender bias. The argument is underlined by the notion of gender-related interests, establishing pure-economic loss as male-related and indirect-emotional harm as female-related. On its first comparative analysis, the similarities and differences between these two harms as perceived by tort conventions and principles should have yielded leverage …

The French Prosecutor In Question, Jacqueline S. Hodgson

Washington and Lee Law Review

Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …

Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne

Washington and Lee Law Review

According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell

Annual Survey of International & Comparative Law

Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke is a Liber Amicorum in which writings by international law scholars from around the globe have been compiled to honor Prof. Christian Nwachukwu Okeke: scholar, law professor, mentor, father, and husband.

Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier

Annual Survey of International & Comparative Law

No abstract provided.

The Modern Concept Of Secularism And Islamic Jurisprudence: A Comparative Analysis, Dr. Nehaluddin Ahmad

Annual Survey of International & Comparative Law

The essence of the word 'secularism' depends upon a variety of factors existing in a particular state, e.g. the society's composition, political history, and the potential of its minority groups, as well as the prevailing international circumstances. In the matter of secularism and Islam, the world is misinformed and misguided. Most people who engage in these discussions do not have a clear idea of the Islamic way of life. Typically, Islamic scholars must take great steps to prove that Islamic Doctrine contains all types of contemporary social and political thought and action, such as the nature of democracy, social justice, …

Comparative Law, Edward J. Eberle

Annual Survey of International & Comparative Law

It is the aim of comparative law to examine the legal rules and patterns of order that drive a given society. For subjects of a particular legal system, this is a question of acculturation. Being the product of a culture, we often intuitively sense the hidden forces that play out below the surface of the external manifestation of law. Therefore, this task becomes more difficult when we find ourselves dealing with a foreign legal system. We must then call upon the tools of the anthropologist or archeologist: studying the underlying substrata of data that lie within a culture.

Comparative Study Of Cruel & Unusual Punishment For Engaging In Consensual Homosexual Acts (In International Conventions, The United States And Iran), Sanaz Alasti

Annual Survey of International & Comparative Law

This article undertakes a comparative study of cruel and unusual punishment for consensual homosexual acts, in the United States and Iran, based on the prohibition of these punishments in international conventions. The primary object of this paper is to establish that the criminalization of consensual homosexual acts is arbitrary and as capricious as punishing other minorities. Furthermore, criminalization contradicts the object and purpose of the Universal Declaration of Human Rights and virtually every other law concerning sexual minorities. This article is further motivated by the novelty and necessity of the topic. Surprisingly little research has been done focusing on this …

The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson

University of Michigan Journal of Law Reform

Huissiers de justice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing" or "assisting") and works directly for the court system itself.

The huissier's report remains alien to the American lawyer, who is steeped in notions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich history in the American tradition. An important aspect of most legal processes, the collection of data in preparation for litigation is …

Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary

Indiana Journal of Global Legal Studies

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Nato At Sixty: American Between Law And War, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …

Germany's Basic Law And The Use Of Force, Russell A. Miller

Indiana Journal of Global Legal Studies

The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Trading Debts Across Borders: A European Solution (Snyder Lecture), Richard Fentiman

Indiana Journal of Global Legal Studies

On April 7, 2009, Richard Fentiman delivered the tenth annual Snyder Lecture at the Indiana University Maurer School of Law.

When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels

Indiana Law Journal

No abstract provided.