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Comparative and Foreign Law

Mexico

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Full-Text Articles in Law

Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen Jan 2022

Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen

Seattle University Law Review

Through an in-depth examination of Hernández, the Inter-American Human Rights System, and the success of Mexico’s partnership with said system, this Note will make a case for embracing human rights bodies— specifically, the Inter-American System on Human Rights—as an appropriate and necessary check on the structures that form the United States government. Part I will look closely at the reasoning and judicially created doctrine that guided the decision in Hernández, with the goal of providing a better understanding of the complicated path through the courts that led to a seemingly straightforward yet unsatisfying result. Part II will illustrate the scope …


Forget Bit: The Impact Of Rta On Fdi And Economic Growth – A Comparison Of Brazil And Mexico, Rosa Meguerian-Faria Jan 2021

Forget Bit: The Impact Of Rta On Fdi And Economic Growth – A Comparison Of Brazil And Mexico, Rosa Meguerian-Faria

Northwestern Journal of International Law & Business

This article explores the relationship between international trade law, foreign direct investment (FDI), and economic growth of developing countries. Here, I argue that a developing state needs to capture the right combination of the different types of FDI to promote domestic growth. I apply principles of law, economics, and finance to my analysis of the importance of Bilateral Investment Treaties (BITs), compared to Regional Trade Agreements (RTAs) to FDI inflow, and how it can impact economic growth in developing countries. I show that the RTAs give a signal that the country is open to foreign investment, and therefore it promotes …


The Mandarins Of The Law: Pro Bono Legal Work From A Comparative Perspective, Daniel Bonilla Maldonado Feb 2020

The Mandarins Of The Law: Pro Bono Legal Work From A Comparative Perspective, Daniel Bonilla Maldonado

Indiana Journal of Global Legal Studies

In Part I, I present the elements that form the standard global concept of pro bono work. Pro bono work is a global phenomenon defined by, and based on, a transnational discourse. In the first section of Part I, I argue that this transnational discourse conceptualizes pro bono work as a set of institutionalized free legal services that lawyers voluntarily provide to people with few financial resources or to protect the public interest. In the three following sections, I specify and analyze the concepts of subject, time, and space that this understanding of pro bono work creates, to present the …


A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell Oct 2019

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …


Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le Jul 2019

Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca Apr 2019

Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca

University of Miami Inter-American Law Review

No abstract provided.


Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez Feb 2019

Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez

Indiana Journal of Global Legal Studies

Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …


Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser Jan 2019

Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser

University of Miami Inter-American Law Review

No abstract provided.


Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen Jan 2018

Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen

University of Miami Inter-American Law Review

No abstract provided.


The Mexican Peso Crisis: Implications For The Regulation Of Financial Markets, Douglas W. Arner Oct 2017

The Mexican Peso Crisis: Implications For The Regulation Of Financial Markets, Douglas W. Arner

Law and Business Review of the Americas

No abstract provided.


Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss May 2017

Labor Violations In Mexico: Can New Trade Agreements Effectuate Change?, Nicole Downey Moss

University of Miami Inter-American Law Review

Child labor and forced labor remain pervasive problems on Mexican farms. Millions of workers on these farms are forced to work and live in inhumane conditions, only to leave the season’s harvest just as poor as they were before. To date, human rights and labor treaties and agreements that Mexico is party to have failed to protect workers. In early 2016, however, negotiations on the Trans-Pacific Partnership (“TPP”) concluded and, if ratified, the party-countries claim that the TPP will hold Mexico to higher standards than previously faced because the TPP will link labor rights with trade law. However, this was …


The Future Of Aztec Law, Jerome A. Offner Dec 2016

The Future Of Aztec Law, Jerome A. Offner

The Medieval Globe

This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.


Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang Oct 2016

Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang

Michigan Journal of Environmental & Administrative Law

Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using these …


Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath Jun 2016

Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath

The Journal of Business, Entrepreneurship & the Law

In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.


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.


Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels Mar 2015

Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels

Georgia Journal of International & Comparative Law

No abstract provided.


Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman Dec 2014

Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas Oct 2014

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney Oct 2014

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip Dehart Sep 2014

The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip Dehart

Georgia Journal of International & Comparative Law

No abstract provided.


The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson Sep 2014

The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson

Georgia Journal of International & Comparative Law

No abstract provided.


A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie Sep 2014

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.


Amending The Philippines' Laws Governing Foreign Property Ownership: The Extent To Which Mexican Law Can Serve As A Workable Template?, Joanna Smith Sep 2014

Amending The Philippines' Laws Governing Foreign Property Ownership: The Extent To Which Mexican Law Can Serve As A Workable Template?, Joanna Smith

Georgia Journal of International & Comparative Law

No abstract provided.


The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie Sep 2014

The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie

Georgia Journal of International & Comparative Law

No abstract provided.


Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford Jan 2014

Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford

Michigan Journal of International Law

At a time of U.S. budget cuts, popularly known as the “sequester,” court systems across the nation are facing financial shortfalls. Small claims courts are no exception. Among the worst hit states is California, which is suffering staffing cutbacks that result in long delays prompting consideration of the old maxim, “justice delayed is justice denied.” Similar problems, albeit on a larger scale, are evident in other nations including India where the Law Commission has argued that the millions of pending cases combined with the lagging uptake of technological best practices has impeded judicial productivity, leading to “disappointment and dissatisfaction among …


Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch Jan 2013

Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch

Pepperdine Law Review

No abstract provided.


La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva Oct 2011

La Producción De Alimentos En México En El Marco De Las Políticas Neoliberales Y Del Tlcan, José Luis Calva

University of Miami Inter-American Law Review

No abstract provided.


Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry, Pamela A. Vesilind Oct 2011

Nafta's Trojan Horse & The Demise Of The Mexican Hog Industry, Pamela A. Vesilind

University of Miami Inter-American Law Review

No abstract provided.


Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia Oct 2011

Litigio Estrategico Contra La Siembra De Maiz Geneticamente Modificado En Mexico,, Miguel Rábago Dorbecker, Graciela Rodriguez, Luis Miguel Cano, Luis Fernando Garcia

University of Miami Inter-American Law Review

No abstract provided.


Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay Jan 2011

Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay

University of Miami Inter-American Law Review

No abstract provided.