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Legislative Interpretation No. 748: Examining The History And Future Of Taiwan’S Same-Sex Marriage Law, Chang, Cara
Legislative Interpretation No. 748: Examining The History And Future Of Taiwan’S Same-Sex Marriage Law, Chang, Cara
Santa Clara Journal of International Law
Taiwan has always had two advantages that increased the odds of passing a same-sex marriage law: the political empowerment of women, and a strong economy characterized by balanced development. However, Taiwan is also part of the conservative Confucian cultural milieu of East Asia, a force that has often made it hard for the gender equality movement to gain traction — although interestingly, Confucius believed and taught that it is marriage that lies at the foundation of government.
This paper examines the history leading up to the 2017 and 2019 legalization of same-sex marriage in Taiwan, a “first in Asia,” as …
Getting Away With Murder: Why U.S. Courts Should Incorporate The Vclt In The Interpretation Of International Tax Treaties, Schroeder, Helen
Getting Away With Murder: Why U.S. Courts Should Incorporate The Vclt In The Interpretation Of International Tax Treaties, Schroeder, Helen
Santa Clara Journal of International Law
There is a growing trend in the United States for the adoption of the VCLT in analyzing international tax treaties.1 This trend is positive and should be continued. By looking at how the VCLT could have been applied to the tax treaty interpretation in dispute in Xerox Corp. v. U.S., I assert both that it should be seen as a legitimate source of international tax law and that it should continue to be used moving into the future.
Mental Illness And Criminal Justice, Belli, Kelsey
Mental Illness And Criminal Justice, Belli, Kelsey
Santa Clara Journal of International Law
This paper assesses some of the critical issues relevant to the connection between the mental health and criminal justice systems. Throughout the entirety of this paper there will be a comparison between the Unites States, France, and the Netherlands. This article will examine the current statutes, case law, and public policies in place in the criminal justice and mental health systems. It will offer a comparison between the balance of needs of individuals suffering from mental health issues and the maintenance of public safety. The first section will look at the historical background of how individuals were found to be …