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Comparative and Foreign Law

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2015

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Articles 1 - 30 of 282

Full-Text Articles in Law

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao Dec 2015

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi Dec 2015

Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi

The Medieval Globe

Ming China maintained relationships with neighboring peoples such as the Mongols by educating bureaucrats trained to translate many different foreign languages. While the reference works these men used were designed to facilitate their work, they also conveyed a specific vision of the past and a taxonomy of cultural differences that constitute valuable historical sources in their own right, illuminating the worldview of the Chinese-Mongolian frontier.


Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler Dec 2015

Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler

The Medieval Globe

This essay explores how the poetry collection Wakan rōeishū becomes an important allusive referent for two medieval Japanese works, the travelogue Kaidōki and the nō play Tsunemasa. In particular, it focuses on how Chinese poems from the collection become the means for describing Japanese spaces and their links to power, in the context of a changing political landscape.


The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita Dec 2015

The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita

The Medieval Globe

In the wake of Edward Said’s Orientalism and postcolonial theory, Marco Polo is often cast as a quintessentially Western observer of Asian cultures. This essay seeks to break his text out of the binaries in which it is frequently understood. Returning the text to its original title, “The Description of the World,” it reconstructs the diversity of late thirteenth-century Asia through the portraits of three figures who were Marco’s contemporaries.


Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn Dec 2015

Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn

The Medieval Globe

This article explores ways that the concept of equine cultures, developed thus far principally in European and/or early modern and colonial contexts, might translate to premodern South Asia. As a first contribution to a history of equine matters in South Asia, it focuses on the maritime circulation of horses from the Middle East to Peninsular India in the thirteenth century, examining the different ways that this phenomenon is recorded in textual and material sources and exploring their potential for writing a new, more connected history of South Asia and the Indian Ocean world.


The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles Dec 2015

The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles

The Medieval Globe

Large numbers of outsiders were integrated into premodern Islamic society through the institution of slavery. Many were boys of non-Muslim parents drafted into the army, and some rose to become powerful political figures; in Egypt, after the death of Ayyubid sultan al-Salih (r. 1240–49), they formed a dynasty known as the Mamluks. For slave concubines, the route to power was different: Shajar al-Durr, the concubine of al-Salih, gained enormous status when she gave birth to his son and later governed as regent in her son’s name, converting to Islam after her husband’s death and then reigning as sultan in her …


Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger Dec 2015

Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger

The Medieval Globe

The politics of kinship and of monarchy in medieval eastern Europe are typically constructed within the framework of the modern nation-state, read back into the past. The example of Boris Kolomanovich, instead, highlights the horizontal interconnectivity of medieval Europe and its neighbors and demonstrates the malleability of individual identity within kinship webs, as well as the creation of situational kinship networks to advance individuals’ goals.


Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett Dec 2015

Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett

The Medieval Globe

The period categories “medieval” and “modern” emerged with—and have long served to define and legitimate—the projects of western European imperialism and colonialism. The idea of “the medieval globe” is therefore double edged. On the one hand, it runs the risk of reconfirming the terms of the colonial, Orientalist history through which the “medieval” emerged, thus homogenizing the plural temporalities of global cultures and effacing the material effects of the becoming of the Middle Ages and its relationship to conditions of globalization. On the other hand, “the medieval globe” brings to bear a comparative focus that does not ask when and …


Editor’S Preface, Carol Symes Dec 2015

Editor’S Preface, Carol Symes

The Medieval Globe

No abstract provided.


The Medieval Globe 2.1 (2016), Carol Symes Dec 2015

The Medieval Globe 2.1 (2016), Carol Symes

The Medieval Globe

No abstract provided.


Family Law In The Republic Of Ireland, William Binchy Dec 2015

Family Law In The Republic Of Ireland, William Binchy

Georgia Journal of International & Comparative Law

No abstract provided.


Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn Dec 2015

Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon Dec 2015

The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon

University of Miami International and Comparative Law Review

No abstract provided.


Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann Dec 2015

Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann

University of Miami International and Comparative Law Review

No abstract provided.


Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas Dec 2015

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas

University of Miami International and Comparative Law Review

No abstract provided.


Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa, Andrew Konstant, Shayda Vance Dec 2015

Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa, Andrew Konstant, Shayda Vance

University of Miami International and Comparative Law Review

No abstract provided.


Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui Dec 2015

Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui

University of Miami International and Comparative Law Review

No abstract provided.


Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata Dec 2015

Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata

University of Miami International and Comparative Law Review

No abstract provided.


Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne Nov 2015

Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne

Pace Law Review

After discussing the recent history of and need for regulatory reform in the U.K., this article will summarize the RIIO framework and analyze the three parts best suited for import into the regulatory frameworks of American states. Specifically, the article will evaluate how a performance-based framework with (1) longer rate cases, (2) proportionate assessment, and (3) a focus on total expenditures limiting regulatory asset value, should positively influence the U.S. regulatory landscape. While RIIO is only used for transmission and distribution in the U.K., there is a potential for its performance-based approach to be used in generation as well as …


Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken Nov 2015

Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken

Pace Law Review

In a sense, through its whistleblower provision, the Dodd-Frank Act has enabled the government to use corporate employee whistleblowers to support criminal prosecutions. That position finds agreement in this article, but the conclusion reached is that the results to be obtained from the whistleblower provision will be positive. Through an analysis of the Dodd-Frank Act, this article discusses further the new reach of the FCPA, particularly in light of the whistleblower and conflict-minerals provisions in the Dodd-Frank Act. Finally, this article concludes that although the new provisions can be costly, the provisions are beneficial. The traditional corporate model is now …


Books Received, Georgia Journal Of International And Comparative Law Nov 2015

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Patent And Know-How Licensing In Japan And The United States, Terry K. Smith Nov 2015

Patent And Know-How Licensing In Japan And The United States, Terry K. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Sovereignty, This Strange Thing: Its Impact On The Global Economic Order, Kazuaki Sono Nov 2015

Sovereignty, This Strange Thing: Its Impact On The Global Economic Order, Kazuaki Sono

Georgia Journal of International & Comparative Law

No abstract provided.


The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters Nov 2015

The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters

Seattle University Law Review

Universal jurisdiction is the progressive and contentious legal principle that courts have competence to adjudicate cases involving alleged violations of international law regardless of the nation in which those crimes occurred, the nationality of the victim, or the nationality of the perpetrator. While the limits of more conventional theories of jurisdiction are defined by sovereignty, territory, and nationality, the exercise of universal jurisdiction is based solely on the nature of the crime alleged. That is, when a crime is so serious that it violates peremptory norms of international law, courts are entitled, or even obliged, to hear those cases regardless …


Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh Oct 2015

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.


Improving The Legal Implementation Mechanisms For A Carbon Tax In China, Haifeng Deng Oct 2015

Improving The Legal Implementation Mechanisms For A Carbon Tax In China, Haifeng Deng

Pace Environmental Law Review

Within the framework of existing Chinese environmental laws, carbon taxation faces four main challenges: the contradiction of existing taxes, conflict with the carbon emissions trading system, necessary adjustments to the organizational structure of tax collection and management, and coordination with international trade rules. Implementing a carbon tax is a complete and systematic process containing three stages: introduction, collection, and impacts assessment. In order to address these problems, it is necessary to construct legal implementation mechanisms for carbon taxation in China. The legal mechanisms of implementing a carbon tax include a series of coordination and safeguard measures aimed at optimizing the …


Symposium - A National Export Policy: Tuning United States Law And Its Implementation To An Export Priority, Georgia Journal Of International And Comparative Law Oct 2015

Symposium - A National Export Policy: Tuning United States Law And Its Implementation To An Export Priority, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers Oct 2015

After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein Oct 2015

The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein

Georgia Journal of International & Comparative Law

No abstract provided.


What Is A Contract, Sidney W. Delong Oct 2015

What Is A Contract, Sidney W. Delong

South Carolina Law Review

No abstract provided.