Law Commons^™

Teaching Negotiation To A Globally Diverse Audience: Ethics, Morality And Cultural Differences, David Allen Larson, Vanessa Seyman

David Allen Larson

"Teaching Negotiation to a Globally Diverse Audience: Ethics, Morality, and Cultural Differences" (by David Allen Larson and Vanessa Seyman) This is a short article discussing the challenges of teaching negotiation, and also the challenge of actually negotiating, in a globally diverse environment. Issues of ethics, morality and culture can surface quite quickly when teaching and negotiating in a multicultural environment. The article builds upon our recent experiences as participants in the Second Generation Global Negotiation conference held Istanbul, Turkey. The article provides examples of how cultural and language differences can impact both actual negotiations and negotiation teaching and provides suggestions …

Losing The War Against Dirty Money: Rethinking Global Standards On Preventing Money Laundering And Terrorism Financing, Richard K. Gordon

Richard K Gordon

Global standards for preventing money laundering and terrorism financing are among the most widely observed standards in the world today. Unfortunately there is substantial evidence that they do not work. A main reason is that the division of responsibility for gathering and evaluating information about criminal finances is misaligned. Private sector parties are asked to do more than they reasonably can do given their expertise, access to key data, and incentives. At the same time, public law enforcement agencies are being asked to do too little. This Article argues that the way governments have divided tasks between the private and …

Utilizing Rule Based Bias Filtering To Standardize Reasonable Doubt And Ameliorate Cognitive Biases, Yali Corea-Levy

Yali Corea-Levy

The standard of “proof beyond a reasonable doubt” is meant to, at least in part, ensure that the government meets the highest practical standard of proof possible before imposing a criminal penalty on a person. This article argues that the standard, as currently applied in trial settings, does not succeed in being the vanguard of prudence and equity it was meant to be. Specifically, it falls short because of its vagueness coupled with our cognitive peculiarities, including our tendency to feel certain about facts more easily than we should. This article describes the problem and ultimately suggests a relatively simple …

On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kamaria A. Kruckenberg

Kamaria A Kruckenberg

This paper explores and defends Irish Travellers’ efforts to push the Republic of Ireland to recognize them as an ethnic minority group under law. Irish Travellers are a small indigenous minority group who have lived primarily in Ireland for centuries. They rank at the bottom of Irish society in rates of poverty, unemployment, life expectancy, infant mortality, health, education levels, political representation and access, and living conditions. Much like the Roma, with whom they share a nomadic tradition, Irish Travellers are in the midst a movement to improve living conditions, fight widespread discrimination, and gain recognition as an ethnic minority …

Is Latin American Taxation Policy Appropriate For Promoting Foreign Direct Investment In The Region?, Hugo A. Hurtado

Hugo A Hurtado

Adoption of an appropriate international tax policy in Latin America can promote greater foreign direct investment. Latin American countries should work together on a tax integration process to give foreign direct investment a more regional approach rather than each country competing to attract its own foreign direct investment. Such intraregional competition results in lost tax revenues with no proven effect on foreign direct investment. A tax integration process would reduce the use of advanced tax planning techniques by multinational companies to take advantage of loopholes created by disparities between tax systems; however, it would also provide the foreign investor with …

How The Global Crime Syndicates Fuel Planet Destruction, Global Alliance

Global Alliance

since 1945 more environmental planet destruction has been fuelled and financed with ever more leveraged debt than in the previous 60 million years - it's applied terrorism against the global life support system under the protection racket of a corrupt law profession

Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn

Robert Kahn

ABSTRACT: Many European opponents of the headscarf view themselves as engaged in a “struggle against totalitarianism.” This article explores an alternative framing: What if Muslims—rather than Nazis or Communists in training—are the more like nineteenth century Catholics, who were seen as a religious threat to European (and U.S.) liberalism? To explore this idea, this article looks at the headscarf debate through the lens of the German Kulturkampf (1871-1887) and nineteenth century U.S. laws that banned public school teachers from wearing clerical garb. It reaches two tentative conclusions. First, many of the claims made against European Muslims—especially about the “backward” nature …

How Should China Respond To Online Piracy Of Sports Telecasts, Seagull Haiyan Song Dr.

Seagull Haiyan Song

No abstract provided.

Designing Privilege For The Tax Profession: Comparing I.R.C. § 7525 With New Zealand’S Non-Disclosure Right, Keith A. Kendall

Keith A Kendall

The United States and New Zealand are the only two common law jurisdictions to have successfully extended attorney-client privilege to non-lawyer tax advisers. While aimed at the common goal of such an extension, the two statutory rules implement very different means to achieve this purpose; the United States importing the common law into statute, with New Zealand creating a completely separate statutory right. An examination of the context and legislative histories of the respective statutory provisions finds that these forms are consistent with the legislative approach to evidentiary privileges in each jurisdiction and is, therefore, appropriate in each case. Other …

Labor Relations And Labor Law In Japan, Manabu Matsunaka

Manabu Matsunaka

This article discusses the relationship between Japanese labor law and employment customs, building on this rationalistic understanding of the Japanese employment customs. Our basic conclusion is as follows. The Japanese employment custom developed naturally through an agreement among the members of Japanese employment society and attained efficient economic performance up till the 1990s. During the time, the Japanese labor law mainly worked toward setting the stage for private bargaining and respected its agreement instead of enforcing the desirable result directly through legal regulations. Through this indirect approach toward labor relations in Japan, at least part of the Japanese labor law …

Liability For Trademark Infringement For Internet Service Providers, Katja G. Weckstrom

Katja G Weckstrom

ABSTRACT Liability for Trademark Infringement for Internet Service Providers Katja Weckström*

At the wake of the millennium and the rise of the internet, legislative action was taken to shelter internet service providers (ISPs) from various forms of legal action. In the turmoil of chartering new and unregulated territory, such a safe harbor was deemed necessary to protect up-starting businesses. Today, these internet actors e.g. Google, Amazon and eBay have grown strong and powerful. Thus, intellectual property holders have started to challenge this privilege in court. Increasingly, owners of famous marks seek liability and damages for direct and indirect trademark infringement …

A Comparative Copyright Analysis Of Isp Liability In China Versus The United States And Europe, Seagull Haiyan Song Dr.

Seagull Haiyan Song

The accompany article will be the first to examine the secondary liability theories of internet service provider (ISP) in the U.S., Europe and China. By conducting a comparative study of the legislation and case law developed in the aforesaid regions, the article addresses problems and uncertainty under the existing PRC copyright law as to the liability of ISPs, and then proposes a number of recommendations to be considered in its future legislative reform.

Environmental Mitigation Aspects Of Water Resources In Geothermal Development: Using A Comparative Approach In Building A Law And Policy Framework For More Sustainable Water Management Practices In Canada, Kamaal Zaidi

Kamaal Zaidi

This paper examines environmental mitigation measures for water resources in the context of geothermal energy development among selected jurisdictions of the United States and New Zealand in the hopes of recommending a law and policy framework in Canada. These common law jurisdictions are chosen to reveal advances in the emerging area of geothermal law and policy. First, the geothermal energy process is explained, followed by a discussion of the legal aspects of geothermal energy development. Second, the benefits of geothermal law and policy are assessed from the experiences of the U.S. and New Zealand in terms of environmental mitigation measures …

A Policy Of Disregarding Public Policy: Pursuing The Comity Of Nations In Private International Law, Anthony Bessette

Anthony Bessette

Private agreements stipulating the forum, procedure, and substantive law to govern commercial relationships have become a common feature of international business. Companies that enter international contracts, and thus the economies of their countries to an extent, rely on them for certainty and stability. Almost all countries that honor foreign jurisdiction clauses reserve an exception for public policy. U.S. law has drifted from international standards and its modern roots in Bremen by narrowing its public policy exception to the vanishing point. This article examine the history of foreign jurisdiction clauses, the way other countries approach them, and recent developments which may …

Never Say Never: Searching For Common Ground Between Muslim And Western Nations On The Issues Of Human Dignity And Human Rights, Travis Weber

Travis Weber

Travis Weber 3736 Silina Drive Virginia Beach, VA 23452 703-470-5411 tsweber@gmail.com May 4, 2010 To Whom It May Concern: Enclosed is an abstract for my article, entitled Never Say Never: Searching for Common Ground Between Muslim and Western Nations on the Issues of Human Dignity and Human Rights. My article examines the gap between Islamic and Western views of human rights, explores how this gap developed, and briefly reviews how different theories of jurisprudence would approach this gap. Due to the current world-wide increase in religious activity, including the prominence of Islam, and the version of morality that Islam brings …

Because The Cart Situates The Horse: Unrecognized Movements Underlying The Indian Supreme Court’S Internalization Of International Environmental Law, Saptarishi Bandopadhyay

Saptarishi Bandopadhyay

The text that follows is intended to serve as an examination of the approaches and methods employed by the Indian Supreme Court in its effort to integrate international environmental norms such as the principle of Sustainable Development, the Precautionary Principle and the Polluter Pays Principle as part of the existing body of binding, municipal rules in India. Virtually all of Indian legal jurisprudence that speaks to this subject has been developed by the Supreme Court. Likewise, in no small part for this contribution, the Court has developed a reputation for being an activist institution that has since the mid 1980s …

The International Anti-Money Laundering And The Combating The Financing Of Terrorism Regulation: A Critical Analysis Of Compliance Determinants In International Law., Navin Beekarry

Navin Beekarry

Concerns about risks of money laundering (ML) and terrorist financing (TF) to the stability of the international financial system have resurfaced in the context of the liquidity problems faced by financial institutions resulting from the recent credit crisis (2007). Because of their constantly evolving nature linked with new criminal activities and methodologies, ML and TF present threats of a systemic nature to the stability of the financial system. Addressing those changing faces of ML/TF and associated risks requires the design of a sufficiently flexible and adaptable international regulatory strategy. In this paper, I examine the international anti-money laundering and combating …

Universalising The American – Secured Credit And Uncitral, Gerard Mccormack

Gerard McCormack

Abstract - Universalising the American – Secured Credit and UNCITRAL This paper turns the spotlight on harmonisation and modernisation of secured credit law. The whole harmonization and modernization agenda appears to be driven by a desire to remove restrictions on the taking of security. This is because of a widespread belief that a “liberal” secured transactions regime promotes economic growth by widening the availability of credit. But the agenda also has its critics. The law of secured finance embodies cultural attitudes and public policy choices that vary greatly among States. Changes to legal doctrine often mirror changes that have taken …

Leashing The Internet Watchdog: Legislative Restraints On Electronic Surveillance In The U.S. And U.K., John P. Heekin

John P. Heekin

This article examines the legislative approaches undertaken by the United States and the United Kingdom to regulate the surveillance and interception of electronic communications. Drawing from the recognition of individual privacy in each country, the author explores the development and impact of statutory provisions enacted to accomplish effective oversight of the respective intelligence services. In the U.S., the shifting purposes and provisions of the Foreign Intelligence Surveillance Act of 1978 are tracked from implementation to its revisions following the terrorist attacks of September 11, 2001. Along that timeline, a distinct trend toward greater deference to Executive authority for electronic surveillance …

The Dialectic Of The Hurricane Katrina 9-11 Fund, Omari Sinclair

Omari Sinclair

This article unravels the dialectic concerning whether there should be a 9/11 fund for Hurricane Katrina victims. Part I illustrates the 9/11 fund's unique dynamic - a hybrid of both enterprise liability and corrective justice - and why such a fund was instituted for the victims of 9/11. Part II illustrates how Hurricane Katrina's similarities to 9/11 might warrant a similiar fund structure. Part III explains the implications of establishing such a fund for Hurricane Katrina victims. And Part IV elucidates whether this is a practicable option.

Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean Andrew Pager

Sean Pager

Do culture and commerce conflict? The assumption that trade is incompatible with cultural diversity has disrupted economic liberalization, distorted world trade law, and damaged Europe’s film industry. A new wave of cultural protectionism now threatens to engulf e-commerce. Yet, as American appeals to fully liberalize audiovisual markets continue to fall on deaf ears, the real question is not whether to protect culture, but how. European protectionism has failed. South Korea shows there is a better way. Eschewing Europe’s top-down patronage model, Korean policy-makers have pursued a decentralized approach to develop their audiovisual industries. Deploying indirect subsidies ranging from tax incentives …

Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang

Jie Huang

Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characteristics …

Homeschooling In Germany And The United States, Aaron Martin

Aaron Martin

In March 2009, the Georgia House of Representatives passed House Resolution 850, urging the German Federal Government to legalize homeschooling. The resolution was one illustration of how advocacy groups throughout the United States have put pressure on Germany to change its draconian laws regarding homeschooling, laws that were enacted in 1938 during the Nazi regime. But while legislators are calling for Germany to change its laws, battles rage within the United States over the same issues.

This Note evaluates the state of homeschooling in the United States and Germany, both by considering the historical development in each country and through …

Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin

Craig Martin

There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review …

Legal Dimensions Of A Control Framework: Law And The Arab-Palestinian Minority In Israel's First Three Decades (1948-1978), Ilan Saban

ilan saban

The article sets out to analyze the main ways in which Israeli Law was involved in the lives of Israel's Arab-Palestinian minority in the first thirty years of Israeli statehood – from its establishment in 1948 until the period circa the first Land Day, 1976. This is a detailed and complex story, which needs a theoretical key that will explain and sort out the abundance of data by relevancy and importance. The potential theoretical contribution of the article derives from the effort to develop such a theoretical/analytical key, and from the effort to gain more understanding of the ways in …

Tolerance And Rule Of Law: Lessons From Imperial Governance, Seongjo An

SEONGJO AN

Tolerance and Rule of Law : - Lessons from Imperial Governance - What is the condition that can make an empire socially and politically integrated and thus prosper for a long time? It is not easy to answer quickly for this question. This paper analyzes the book “Day of Empire” written by Amy Chua three years ago which submitted an answer for this question. The core thesis of “Day of Empire” is that every world-dominant empire was by the standards of its time, extraordinarily pluralistic and tolerant during its rise to preeminence for all their enormous differences. According to Amy …

Tolerance And Rule Of Law: Lessons From Imperial Governance, Seongjo An

SEONGJO AN

What is the conditon that can make an empire socially and politically integrated and thus prosper for a logn time? It is not easy to answer quickly for this question. This paper analyzes the book “Day of Empire” written by Amy Chua three years ago which submitted an answer for this question. The core thesis of “Day of Empire” is that every world-dominant empire was by the standards of its time, extraordinarily pluralistic and tolerant during its rise to preeminence for all their enormous differences. According to Amy Chua, “indeed, in every case tolerance was indispensable to the achievement of …

Gender Budget Analysis In Morocco: Achieving Education Parity For Women And Girls, Christie J. Edwards

Christie J. Edwards Esq.

The Kingdom of Morocco has a long history of stability and democracy in the North African region, in large part due to the government’s commitment to improving the lives and status of women and girls. In the past few years, Morocco has set ambitious goals for increased access for women and girls to education as key strategies for the country’s economic development. However, although the government has committed to these gender-specific policies, implementation of education and literacy programs has been sporadic and inconsistent due to the enormity of the problem of female illiteracy and the complexity of the solutions proposed …

Defining Death: Why All Fifty States Should Adopt The Uniform Definition Of Death Act With A Religious Exception, Rachel Delaney

Rachel Delaney

This article addresses the tension between the secular, American definition of death and the Jewish law definition of death. While the definition of death has been debated separately in both Jewish and American legal scholarship, the secular and Jewish law definitions of death have not been thoroughly analyzed in relation to one another. The secular definition of death—irreversible cessation of all functions of the entire brain—conflicts with the Jewish law definition of death—irreversible cessation of respiration. The conflict presents a First Amendment Free Exercise Clause challenge because state laws with strict secular definitions of death preclude Orthodox Jews from practicing …

Rethinking Preventive Measures For Money Laundering And Terrorism Financing, Richard K. Gordon

Richard K Gordon

Preventive measures for money laundering and terrorism financing are among the most widely accepted and observed global standards. However, there is substantial evidence that they do not work well. A main reason is that private sector parties, mostly financial institutions but including few others, are tasked with duties for which they are ill suited, while too little is required of the public sector . While they are required to monitor client transactions and reporting those that raise suspicion of money laundering or terrorism financing, they do not have sufficient expertise or data access to do so. Also, as suggested by …