Law Commons^™

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

The Olives Of Others: The United States Anti-Dumping And Countervailing Duties On Ripe Olives From Spain, Gregory Frering

American University International Law Review

No abstract provided.

The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo

Journal of Civil Law Studies

Even though in Spanish law the act establishing the adoption is judicial in nature, declarations of will have special relevance in the process, since they are a necessary precondition for the adoption. This work focuses on the assent of the biological mother, who is affected by and has an interest in the adoption process, even if not a party to it herself. In this work, the foundation, configuration, and characteristics of this assent are studied, as well as the form of her declaration of will, and the ability of the mother to offer it. Special attention is paid to the …

Uber Case, Competition Law Implications In Europe And Latin America: Defenders Of The Old Economy Versus Advocates Of The Digital Revolution, Lavinia Meliti

ILSA Journal of International & Comparative Law

No abstract provided.

Drones Have Arrived, With New Opportunities And Challenges: A Comparative Approach To Regulations Governing The Operations Of Unmanned Aerial Vehicles In The United States, Italy, Costa Rica, United Arab Emirates, Canada, Nicaragua, Spain, And Saudi Arabia, Jose M. Canaura

ILSA Journal of International & Comparative Law

No abstract provided.

The Low Usage Of Bankruptcy Procedures: A Cultural Problem? Lessons From Spain, Aurelio Gurrea-Martínez

University of Miami International and Comparative Law Review

While filing for bankruptcy does not seem appealing for any debtor regardless of the jurisdiction, the reluctance to use the bankruptcy system varies across countries. This article explores the underlying reasons and economic effects of the low usage of bankruptcy procedures in Spain, where the rate of business bankruptcies is one of the lowest in the world. Some authors have argued that the low usage of bankruptcy procedures in Spain is due to a “cultural” problem faced by Spanish entrepreneurs. According to this hypothesis, the lack of a “bankruptcy culture” makes Spanish entrepreneurs afraid to use the bankruptcy system. In …

Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino

Studies in 20th & 21st Century Literature

As the world increasingly turns its attention to the European refugee crisis and to the 1.8 million who have arrived on that continent since 2014 as a consequence of being forced to flee their native countries’ war-torn cities and villages, questions continue to arise regarding the ethical and political responsibilities of Western nations to facilitate this exodus and to provide refugee and immigration services en route and at destination. Spain remains the intended port of arrival for thousands of Malians, Mauritanians, Moroccans, and Western Saharans who sometimes manage to escape war and extreme poverty only to find themselves stalled on …

To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook

Indiana Journal of Global Legal Studies

Secession seems like a concept of the past. In our increasingly globalizing world, nationalism was growing archaic and halting progress. But secession has seen a surge in the last ten years. Kosovo declared independence from Serbia in 2008. The United Kingdom seceded from the European Union in the infamous "Brexit." And in 2017, Catalonia's grab for independence sparked the worst crisis in Spain since the days of Francisco Franco.1 Alongside these high-profile secessions, smaller movements, which until now were simply brewing and bubbling, are becoming inspired. One such movement is "The South is My Country," a coalition of three southern …

The Demand For Unilateral Secession In Catalonia: While The Cause Is Compelling, Secession Would Not Be Legal Under International Law, Logan Hayes

University of Baltimore Journal of International Law

Tensions between Catalonia and Spain have finally boiled over, leading to Catalonia’s decision to unilaterally secede from Spain. On October 1, 2017, an overwhelming 90% of voters chose to leave Spain in a referendum held by the Catalonian parliament. On October 10, 2017, Carles Puigdemont, President of Catalonia, gave a speech claiming that “with the results of the referendum on October first, Catalonia has earned the right to be an independent state.” The issue has now become whether Catalonia has the right, under international law, to maintain their unilateral secession from Spain in order to form their own independent nation. …

The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners, Maria Veronica Saladino

The International Lawyer

This article’s objective is to introduce U.S.-based practitioners to European civil-law perspectives on whether U.S. punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions — France, Germany, Italy, Spain, and Switzerland — have dealt with the enforcement of U.S. punitive damages awards. Through each jurisdiction’s policy principles and relevant law, this article aims to afford U.S.-based practitioners initial tips and litigation strategies about how to maximize their chances of enforcing …

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce

Journal of Comparative Urban Law and Policy

The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …

Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce

Journal of Comparative Urban Law and Policy

No abstract provided.

Globalization And Gender: Inequality Transformed In Spain, Destiny Levere

Washington University Undergraduate Law Review

This article examines the extent to which the boom of globalization led to the transformation of gender inequality in Spain, based on three schools of thought: one, that globalization has transformed gender inequality in Spain for the better by creating equal opportunities, two, that globalization has caused a more stark contrast and practice of gender inequality in Spain, and three, that globalization has made no difference in Spain’s fight with gender inequality. In order to portray the three schools of thought, a comparison will be drawn between what gender roles and opportunities were given to men and women in Spain …

Potential Exit From The Eurozone: The Case Of Spain, Antonio Estella

Indiana Journal of Global Legal Studies

According to a recent opinion poll that covered seven members of the Eurozone, Spain would be the Member State of this group that is most in favor of leaving the euro. In this public opinion context, and above all since the summer of 2012, debate has been growing in this country about the prospects of its exiting the European Monetary Union. In this article I argue that there are good reasons for taking this debate seriously. Using Spain as a case study, I analyze what the determinants of this decision could be. In particular, I analyze the economic determinants that …

Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman

Georgia Journal of International & Comparative Law

No abstract provided.

The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

A New Legislative Framework For Online Gaming In Spain, Alejandra Boto

UNLV Gaming Law Journal

No abstract provided.

The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg

West Virginia Law Review

No abstract provided.

Jury Selection And Jury Trial In Spain: Between Theory And Practice, Mar Jimeno-Bulnes

Chicago-Kent Law Review

Even though Spain has traditionally followed a civil law system, it is at present the only European country to have introduced the common law model of jury trials into its criminal proceedings through the Spanish Jury Law of 1995. Despite counterproposals for mixed courts composed of professional judges consulting with lay assessors (escabinado), the Spanish jury system is now fully functional and diligently applies its sometimes extremely complex content. The rules on jury selection mean that the selection process is tong and somewhat tedious in both theory and practice. However, theory and practice can differ in jury trials, as a …

Vincent Druliolle On Unearthing Franco's Legacy: Mass Graves And The Recovery Of Historical Memory In Spain. Edited By Carlos Jerez-Farrán And Samuel Amago. Notre Dame, In: University Of Notre Dame Press, 2010. 410pp., Vincent Druliolle

Human Rights & Human Welfare

A review of:

Unearthing Franco's Legacy: Mass Graves and the Recovery of Historical Memory in Spain. Edited by Carlos Jerez-Farrán and Samuel Amago. Notre Dame, IN: University of Notre Dame Press, 2010. 410pp.

The Place Of The Louisiana Civil Code In The Hispanic Civil Codifications: The Comments To The Spanish Civil Code Project Of 1851, Agustin Parise

Louisiana Law Review

No abstract provided.

A Different Story Line For 12 Angry Men: Verdicts Reached By Majority Rule—The Spanish Perspective, Mar Jimeno-Bulnes

Chicago-Kent Law Review

The film 12 Angry Men is well known in Spain, not only to picture-goers but also to researchers examining the pros and cons of trial by jury. Had its plot faithfully reflected Spanish legislation on jury proceedings, the film would undoubtedly have ended very differently. Under the Spanish Jury Law of 1995, a verdict may be reached by a simple majority of the jurors, rather than by the unanimous decision that is depicted in the film. However, it is not the need for a unanimous verdict or otherwise, but for a "reasoned" verdict that has caused considerable controversy in Spain. …

Gitano Legal Codes: Social Change, Ngo's, And External Legal Systems' Influence On Governance Of Spanish Roma Communities, Jennifer Hu Corriggio

Michigan Journal of Race and Law

Gitanos are the Roma, otherwise known as Gypsies, of Spain that are predominantly concentrated in the southern province of Andaluda. Although the Roma are Europe's largest transnational minority, very little efforts have been made to understand their legal systems. Additionally, due to their long histories of oppression in Europe and internal legal codes that discourage sharing details of their legal systems with outsiders, their legal systems are particularly difficult to understand and for the most part, remain enigmatic and misunderstood. This Article analyzes the historical factors affecting the development of the Gitano legal system by using a horizontal axis metaphor, …

Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora

San Diego International Law Journal

While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …

Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton

University of Miami Inter-American Law Review

No abstract provided.

The Principle Of Juridical Certainty And The Discontinuity Of Law, María Elena Lauroba Lacasa

Louisiana Law Review

No abstract provided.

El Principio De Seguridad Juridica Y La Discontinuidad Del Derecho, María Elena Lauroba Lacasa

Louisiana Law Review

No abstract provided.

A Pope, Two Presidents And A Prime Minister, Ivana Shearer

ILSA Journal of International & Comparative Law

The modem history-the tragic history-of the people of East Timor can be said to have begun in 1493

Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin

University of Miami International and Comparative Law Review

No abstract provided.

Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias

University of Miami International and Comparative Law Review

No abstract provided.