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Comparative and Foreign Law

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Full-Text Articles in Law

Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas Jul 2019

Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas

Georgia Journal of International & Comparative Law

No abstract provided.


Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton Jul 2019

Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton

Georgia Journal of International & Comparative Law

No abstract provided.


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.


Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden Jul 2019

Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian Jul 2019

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo Jul 2019

Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents And Masthead - Vol. 47, Issue No. 1, Georgia Journal Of International And Comparative Law Jul 2019

Table Of Contents And Masthead - Vol. 47, Issue No. 1, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams Jul 2019

Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams

Cynthia A. Williams

No abstract provided.


Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno Jul 2019

Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno

James T Gathii

Kenya’s form of quasi-federalism termed devolution was introduced under the Constitution of Kenya (2010) (‘2010 Constitution’). This governance system establishes 47 county governments which are constitutionally independent sub-national units with direct election of county level leaders. Given the complexity of devolution’s relationship to national politics, as well as the broad variation in how devolution has unfolded in the 47 counties since 2013, this article argues in favour of a situation-specific assessment of devolution in Kenya. This analysis departs from the emerging scholarly consensus of devolution in Kenya represented in two predominant approaches. One approach contends that devolution in ...


On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller Jul 2019

On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller

Russell A. Miller

Pierre Legrand's return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist's absence from one of the discipline's leading scholarly fora. One reason is the widespread disdain aimed at Legrand as a result of his persistent, sharply critical, and often pointedly personal crusade against the discipline's accepted approaches and their most prominent practitioners. This is partly the nature of the article he publishes in this collection, which features a no-holds-bared, uncomplimentary assessment of the work of James Gordley. In this ...


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jul 2019

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Russell A. Miller

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book ...


Germany Vs. Europe: The Principle Of Democracy In German Constitutional Law And The Troubled Future Of European Integration, Russell A. Miller Jul 2019

Germany Vs. Europe: The Principle Of Democracy In German Constitutional Law And The Troubled Future Of European Integration, Russell A. Miller

Russell A. Miller

This Article introduces the Demokratieprinzip. In Part II, I begin by more fully documenting the Euro-skeptical turn in Germany's relationship with Europe, paying particular attention to the central role played by the Constitutional Court's interpretation of the Demokratieprinzip. Part III, in four subparts, provides a doctrinal introduction to the principle of democracy. First, I map the principle's bases in the text of the German Grundgesetz (Basic Law or Constitution). Second, I present the gloss the Constitutional Court has given the principle, making special reference to the Court's recent decisions involving challenges to Germany's participation in ...


The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku Jul 2019

The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex ...


Prefatory Matter Jul 2019

Prefatory Matter

Hastings International and Comparative Law Review

No abstract provided.


Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson Jul 2019

Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson

Hastings International and Comparative Law Review

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States ...


Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen Jul 2019

Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen

Hastings International and Comparative Law Review

In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues ...


Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai Jul 2019

Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai

Hastings International and Comparative Law Review

As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic ...


Regulating China's Ecommerce: Harmonizations Of Laws, Pinghui Xiao Jun 2019

Regulating China's Ecommerce: Harmonizations Of Laws, Pinghui Xiao

Journal of Food Law & Policy

Internet commercialization began in China in 1995. Since then, China has seen a digitalization movement, which has become a joint undertaking between industry and government in the age of ubiquitous Internet in China. China’s Premier Li Keqiang announced ‘Internet Plus’ as the national strategy in his Government Work Report presented during the Two Sessions of the year of 2015. Following Premier Li’s vision for the ‘Internet Plus’ Strategy, China is now determined “to integrate mobile Internet, cloud computing, big data, and the Internet of Things with modern manufacturing, to encourage the healthy development of e-commerce, industrial networks, and ...


Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?, Hannah Gray Jun 2019

Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?, Hannah Gray

Pepperdine Dispute Resolution Law Journal

No abstract provided.


To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia Jun 2019

To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae Jun 2019

Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver Jun 2019

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

Russell L. Weaver

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of ...


Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver Jun 2019

Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver

Russell L. Weaver

Abstract


Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton Jun 2019

Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton

Ocean and Coastal Law Journal

People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize ...


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart May 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Alex Zhang

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart May 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Faculty Scholarship

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Letter From The Editor, Lara Thiele May 2019

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.


Masthead Volume 9 May 2019

Masthead Volume 9

Notre Dame Journal of International & Comparative Law

No abstract provided.


Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen May 2019

Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen

Notre Dame Journal of International & Comparative Law

The International Criminal Court (ICC) is currently conducting a preliminary examination of the situation in Palestine, involving allegations against Israeli authorities and military personnel as well as what the Prosecutor refers to as “Palestinian armed groups.” The preliminary examination creates a framework for advancing accountability norms in the Palestinian context and globally for international crimes committed by States with significant resources. However, the road to accountability is anything but straightforward. Indeed, several challenges relating both to the applicable legal framework and broader policy issues, could delay—or potentially even undermine—the accountability process, if not properly understood and managed. One ...


Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr. May 2019

Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr.

Notre Dame Journal of International & Comparative Law

Internal displacement, especially of children, is a common consequence of armed conflict. Children who become internally displaced as a result of armed conflict face significant trauma due to their vulnerability, in addition to the fact that many of them lose their parents before being moved to internal displacement camps. Moreover, the conditions of some of these camps are not favorable and may affect children’s health and wellbeing. Internally displaced children therefore need protection and care by the national governments of affected countries, with support from the international community. However, Nigeria has not effectively protected children who have been displaced ...