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Full-Text Articles in Law

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll May 2017

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll

All Faculty Scholarship

In this report, I argue that the inversion situation is more nuanced, complex, and ambiguous than Edward D. Kleinbard acknowledges, and I challenge Kleinbard’s claim that U.S. multinationals are on a tax par with their foreign competitors.


Incomplete Bans And Uncertain Market In Wildlife Trade, Annecoos Wiersema Jan 2017

Incomplete Bans And Uncertain Market In Wildlife Trade, Annecoos Wiersema

University of Pennsylvania Asian Law Review

No abstract provided.


Illicit Wildlife Trade And The Role Of Customs, Kunio Mikuriya Jan 2017

Illicit Wildlife Trade And The Role Of Customs, Kunio Mikuriya

University of Pennsylvania Asian Law Review

No abstract provided.


Toward A More Coordinated, Integrated Response To Wildlife Trafficking And Other Natural Resource Crime, John C. Cruden, David S. Gualtieri Jan 2017

Toward A More Coordinated, Integrated Response To Wildlife Trafficking And Other Natural Resource Crime, John C. Cruden, David S. Gualtieri

University of Pennsylvania Asian Law Review

No abstract provided.


To Catch A Wildlife Thief: Strategies And Suggestions For The Fight Against Illegal Wildlife Trafficking, Marcus A. Asner Jan 2017

To Catch A Wildlife Thief: Strategies And Suggestions For The Fight Against Illegal Wildlife Trafficking, Marcus A. Asner

University of Pennsylvania Asian Law Review

No abstract provided.


Volume 12 Masthead Jan 2017

Volume 12 Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


War, Peace, And National Security In The Pacific: U.S. And Japanese Geostrategic Constitutionalism, And The Creation Of The Japanese Constitution In 1947, Christopher M. Young Jan 2017

War, Peace, And National Security In The Pacific: U.S. And Japanese Geostrategic Constitutionalism, And The Creation Of The Japanese Constitution In 1947, Christopher M. Young

University of Pennsylvania Asian Law Review

No abstract provided.


E-Cigarette Regulation In China: The Road Ahead, Eric A. Feldman Jan 2017

E-Cigarette Regulation In China: The Road Ahead, Eric A. Feldman

University of Pennsylvania Asian Law Review

No abstract provided.


Arguing Chinese Constitutionalism: The 2013 Constitutional Debate And The "Urgency" Of Political Reform, Thomas E. Kellogg Jan 2017

Arguing Chinese Constitutionalism: The 2013 Constitutional Debate And The "Urgency" Of Political Reform, Thomas E. Kellogg

University of Pennsylvania Asian Law Review

No abstract provided.


An Inter-Court Struggle For Judicial Supremacy, Chien-Chih Lin, Ching-Fang Hsu Jan 2017

An Inter-Court Struggle For Judicial Supremacy, Chien-Chih Lin, Ching-Fang Hsu

University of Pennsylvania Asian Law Review

No abstract provided.


"Glocalization" Of International Arbitration--Rethinking Tradition: Modernity And East-West Binaries Through The Lens Of China And Japan, Kun Fan Jan 2017

"Glocalization" Of International Arbitration--Rethinking Tradition: Modernity And East-West Binaries Through The Lens Of China And Japan, Kun Fan

University of Pennsylvania Asian Law Review

No abstract provided.


Understanding The Law Of Torts In China: A Political Economy Perspective, Wei Zhang Jan 2017

Understanding The Law Of Torts In China: A Political Economy Perspective, Wei Zhang

University of Pennsylvania Asian Law Review

No abstract provided.


Tension Between Shareholder Primacy And (Quasi) Monopoly: A Theoretical Analysis Of Controlling Shareholder Economies And China, Sang Yop Kang Jan 2017

Tension Between Shareholder Primacy And (Quasi) Monopoly: A Theoretical Analysis Of Controlling Shareholder Economies And China, Sang Yop Kang

University of Pennsylvania Asian Law Review

No abstract provided.


China's National Champions: Governance Change Through Globalization?, Li-Wen Lin Jan 2017

China's National Champions: Governance Change Through Globalization?, Li-Wen Lin

University of Pennsylvania Asian Law Review

No abstract provided.


Towards A Concert Of Asia? A Proposed International Security Regime, R. J. Delahunty Jan 2017

Towards A Concert Of Asia? A Proposed International Security Regime, R. J. Delahunty

University of Pennsylvania Asian Law Review

No abstract provided.


Masthead Jan 2017

Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


From Great Writ To Tuning Fork: How Habeas Corpus Was Tamed In Japan, Colin P.A. Jones Jan 2017

From Great Writ To Tuning Fork: How Habeas Corpus Was Tamed In Japan, Colin P.A. Jones

University of Pennsylvania Asian Law Review

No abstract provided.


Criminal Prosecutions For Defamation And Insult In South Korea With A Leflarian Study In Election Contexts, Kyung Sin Park, Jong-Sung You Jan 2017

Criminal Prosecutions For Defamation And Insult In South Korea With A Leflarian Study In Election Contexts, Kyung Sin Park, Jong-Sung You

University of Pennsylvania Asian Law Review

No abstract provided.


Security Interests In Book-Entry Securities In Japan: Should Japanese Law Embrace Perfection By Control Agreement And Security Interests In Securities Accounts?, Kumiko Koens, Charles W. Mooney Jr. Jan 2017

Security Interests In Book-Entry Securities In Japan: Should Japanese Law Embrace Perfection By Control Agreement And Security Interests In Securities Accounts?, Kumiko Koens, Charles W. Mooney Jr.

All Faculty Scholarship

The paper proposes two significant modifications of Japan’s Act on Transfer of Bonds, Shares, etc. (BETA). First, it suggests the control agreement method of transferring an interest in securities that is effective against third parties. Under the BETA, the creation of an effective interest in book-entry securities requires book entries in the securities accounts of the transferor and the transferee. Under the control agreement approach, the transferor, transferee, and the transferor’s securities intermediary would agree that (i) the intermediary would act on the instructions of the transferee with respect to securities credited to the transferor’s securities account or (ii) the …


Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward Jan 2017

Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward

All Faculty Scholarship

This article attempts to glean from field interviews and secondary sources some of the sociopolitical complexities that underlay women’s engagement in Tunisia’s 2011-14 constitution-making process. Elucidating such complexities can provide further insight into how women’s engagement impacted the substance and enforceability of the constitution’s final text. We argue that, in spite of longstanding roadblocks to implement and enforce constitutional guarantees, the greater involvement of Tunisian women in the constitution drafting process did make a difference in the final gender provisions of Tunisia’s constitution. Although not all recommendations were adopted, Tunisian women were able to use an autochthonous process to edify …


Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman Jan 2017

Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman

All Faculty Scholarship

What Setsuo has accomplished over these past 30 years is nothing short of remarkable. I can think of no other scholar within or outside of Japan who has had a greater impact on both the legal academic community and society more generally. Indeed, when Setsuo was still quite young he had already written a number of influential articles. But they turn out to represent only a fraction of his extraordinary output over the next years. In reflecting on Setsuo’s many achievements, I am particularly drawn to comment on three of them. First, his empirical and comparative law and society scholarship, …


Introduction: Law & Society In The Context Of East Asia, Carole Silver Jan 2017

Introduction: Law & Society In The Context Of East Asia, Carole Silver

University of Pennsylvania Asian Law Review

No abstract provided.


"It's Grace And Favor, It's Not Law": Extra-Legal Regulation Of Foreign Foster Homes In China, Anna High Jan 2017

"It's Grace And Favor, It's Not Law": Extra-Legal Regulation Of Foreign Foster Homes In China, Anna High

University of Pennsylvania Asian Law Review

No abstract provided.