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Articles 1 - 14 of 14
Full-Text Articles in Law
Status Quo Kewenangan Perusahaan Asuransi Dalam Menerbitkan Produk Penjaminan Pasca Berlaku Efektifnya Undang-Undang No. 1 Tahun 2016 Tentang Penjaminan, Kalih Krisnareindra
Status Quo Kewenangan Perusahaan Asuransi Dalam Menerbitkan Produk Penjaminan Pasca Berlaku Efektifnya Undang-Undang No. 1 Tahun 2016 Tentang Penjaminan, Kalih Krisnareindra
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Risk is something that is always exist in various type of business. Risk management commonly used the assistance of insurance companies to manage its risk by risk transfer. The current prevailing law allows the insurance industry to develop its products wider than the explicitly defined business lines in the regulation. Historically, the guarantee/surety business has been marketed jointly between insurance companies and guarantee/surety companies. This can be traced through laws and regulations that provide the authority to both type of companies to issue guarantee/surety products. But with the enactment of Law No. 1 of 2016 concerning Guarantees, there is an …
Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti
Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
A growing number of Australasian jurisdictions now permit a supermajority of owners to terminate a co-owned building scheme allowing proprietors to redevelop, or more commonly, sell the underlying land. This planning tool aids municipal rejuvenation, prevents urban sprawl and provides new housing. In this paper, I examine the provisions pertaining to cancellation of unit plans under nine jurisdictions – New Zealand and all eight jurisdictions in Australia. This comparative analysis highlights several unique aspects of the Unit Title Act 2010 (NZ) such as the way its voting thresholds are calculated and the idiosyncratic application of the ‘just and equitable’ standard …
Deregulation And The Lawyers' Cartel, Nuno Garoupa, Milan Markovic
Deregulation And The Lawyers' Cartel, Nuno Garoupa, Milan Markovic
Faculty Scholarship
At one time, the legal profession largely regulated itself. However, based on the economic notion that increased competition would benefit consumers, jurisdictions have deregulated their legal markets by easing rules relating to attorney advertising, fees, and, most recently, nonlawyer ownership of law firms. Yet, despite reformers’ high expectations, legal markets today resemble those of previous decades, and most legal services continue to be delivered by traditional law firms. How to account for this seeming inertia?
We argue that the competition paradigm is theoretically flawed because it fails to fully account for market failures relating to asymmetric information, imperfect information, and …
A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand
A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand
Articles
In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference is now taking this path. As the Experts Group and Working Group …
Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein
Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein
Pepperdine Dispute Resolution Law Journal
The drive for efficiency has caused many legal systems to redesign themselves, creating multiple paths for dispute resolution and incorporating settlement-promoting tools into the judicial role. However, as this study shows, legal systems have taken divergent approaches as they redesign themselves to accommodate settlement practices, leading to widely disparate results. This study probes the paths taken by three countries’ legal systems—England and Wales (common law), Israel (mixed), and Italy (continental law)—drawing on court docket analyses, courtroom observations, and interviews with judges in the three legal systems. It uncovers central points of divergence—emphasized stage of dispute resolution, separation vs. combination of …
A Comparative Approach Of The Development And Impact Of Victims’ Rights On Violence Against Women In The United States, Portugal, And Pakistan, Brianna Williams
A Comparative Approach Of The Development And Impact Of Victims’ Rights On Violence Against Women In The United States, Portugal, And Pakistan, Brianna Williams
Lincoln Memorial University Law Review Archive
In recent years, victims’ rights have received worldwide attention in regards to women’s rights and opportunities-or lack thereof. However, what are victims’ rights, how are women’s issues addressed under these rights, have they had their intended effect, are they adequately addressing modern issues, how have similar rights been implemented in other counties and are they working better? This article is a comparative law project between the United States, Portugal, and Pakistan evaluating victims’ rights in each country and any correlation between the presence and enforcement of victims’ rights and the impact they have had on violent crimes against women. By …
Implementing A Presumption Against Imprisonment: How Scandinavian Sentencing Policies Could Be The Key To Ending Mass Incarceration In The United States, Cydney Carter
Lincoln Memorial University Law Review Archive
With the largest prison population in the world, the United States relies on incarceration more than most when it comes to sanctioning criminal offenders, but there must be another way. This paper will examine the sentencing policies and practices in the United States, Sweden, Finland, Denmark, and Norway. It will also compare these sentencing policies and their impact on incarceration rates suggest ways in which the Scandinavian sentencing practices could influence changes to the current Federal Sentencing Guidelines in order to combat mass incarceration in the United States.
American Public Health Federalism And The Response To The Covid-19 Pandemic, Nicole Huberfeld, Sarah Gordon, David K. Jones
American Public Health Federalism And The Response To The Covid-19 Pandemic, Nicole Huberfeld, Sarah Gordon, David K. Jones
Faculty Scholarship
This chapter is part of an edited volume studying and comparing federalist government responses to the COVID-19 pandemic. The chapter first briefly provides an overview of the American public health emergency framework and highlights key leadership challenges that occurred at federal and state levels throughout the first year of the pandemic. Then the chapter examines decentralized responsibility in American social programs and states’ prior policy choices to understand how long-term choices affected short-term emergency response. Finally, the chapter explores long-term ramifications and solutions to the governance difficulties the pandemic has highlighted.
Comparative Cybersecurity Law In Socialist Asia, Ngoc S. Bui, Jyh-An Lee
Comparative Cybersecurity Law In Socialist Asia, Ngoc S. Bui, Jyh-An Lee
Vanderbilt Journal of Transnational Law
This Article is a comparative study of the cybersecurity laws adopted in China and Vietnam in 2017 and 2018, respectively. The two laws both converge and diverge. Their convergences include the stringent regulation of banned acts, network operators, critical infrastructure, data localization, and personal data. These are all shaped by the immediate diffusion of China's Cybersecurity Law in Vietnam and broader structural factors: namely, the common features of the socialist state, socialist legality, and the statist approach to human rights. The foundational divergence is between the Chinese notion of cybersecurity sovereignty and the Vietnamese notion of national cyberspace, which is …
A Reader’S Guide To Legal Orientalism, Teemu Ruskola
A Reader’S Guide To Legal Orientalism, Teemu Ruskola
All Faculty Scholarship
My book Legal Orientalism: China, the United States, and Modern Law (Harvard University Press 2013) was published in translation in China in 2016. This essay analyzes the Chinese reception of this book. Originally addressed to a North American readership, Legal Orientalism examines critically the asymmetric relationship in which Euro-American law and Chinese law stand to one another, the former regarding itself as an embodiment of universal values while viewing the latter’s as culturally particular ones. The essay explores what happens when a “Western” work of self-criticism is transmitted to an “Eastern” audience. In this context, it analyzes the politics of …
L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran
L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran
Book Chapters
French Abstract: Cette contribution était le discours d’ouverture à la Conférence des 100 ans de l’Institut Édouard Lambert à l’Université de Lyon. Elle discute de l’utilité du droit comparé dans le monde actuel d’une perspective technique dans le cadre d’une situation aux États-Unis et d’une perspective plus politique dans le cadre d’un arrêt de la CJUE.
English Abstract: This essay was delivered as a keynote address to the conference to celebrate the 100th anniversary of the Institut Édouard Lambert at the University of Lyon. It argues for the usefulness of comparative law in today’s world from a technical angle in …
Independent Directors And Corporate Governance In Thailand: A New Frontier, Luke Nottage
Independent Directors And Corporate Governance In Thailand: A New Frontier, Luke Nottage
Florida State University Journal of Transnational Law & Policy
Asian companies' equity offerings and securities markets have grown significantly, including in Southeast Asia (Part I). Yet corporate governance is undergoing only a gradual transformation, especially where government and family-linked listed companies remain common. Foreign investors and international organizations (including ASEAN) have therefore been pressing for further reforms, including independent director (ID) requirements to monitor executives and others. Part II examines Thailand, building on recent comparisons of mostly larger Asian markets. Part II.A explores when and why ID requirements were introduced-as early as 1993. Part II.B examines how they were introduced-mandatory regulation, supplemented by comply-or-explain requirements, then encouragement through annual …
Rights And Duties In Jewish Law, Itamar Rosensweig, Shua Mermelstein
Rights And Duties In Jewish Law, Itamar Rosensweig, Shua Mermelstein
Touro Law Review
In this Article, we argue that rights play a central role in Jewish law. In Section I, we reconstruct Robert Cover’s thesis distinguishing the West’s jurisprudence of rights from Judaism’s jurisprudence of obligation. In Section II, we present Rabbi Lichtenstein’s theory that rights play no central role in Jewish law. We show that the theories of Rabbi Lichtenstein and Robert Cover have given rise to the idea that there are no rights in Jewish law, only obligations. In Section III we develop two types of arguments in support of our position that rights are central to Jewish law. Our first …
Why Judges Can't Save Democracy, Robert L. Tsai
Why Judges Can't Save Democracy, Robert L. Tsai
Faculty Scholarship
In The Specter of Dictatorship,1 David Driesen has written a learned, lively book about the dangers of autocracy, weaving together incisive observations about democratic backsliding in other countries with a piercing critique of American teetering on the brink of executive authoritarianism at home. Driesen draws deeply and faithfully on the extant literature on comparative constitutionalism and democracy studies. He also builds on the work of scholars of the American political system who have documented the largely one-way transfer of power over foreign affairs to the executive branch. Driesen's thesis has a slight originalist cast, holding that "the Founders aimed …