Law Commons^™

Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro

Martin Shapiro

No abstract provided.

Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas Howson

Nicholas Howson

In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People’s Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People’s Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …

Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman

Marci Hoffman

No abstract provided.

Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson

Nicholas Howson

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman

Stanley Lubman

When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …

The Globalization Of Law, Martin Shapiro

Martin Shapiro

No abstract provided.

Internet Governance Is Our Shared Responsibility, Vinton Cerf, Patrick Ryan, Max Senges

Patrick T. Ryan

This essay looks at the the different roles that institutions play in the Internet governance ecosystem. We propose a model for thinking of Internet governance within the context of the layered model of the Internet. We use the example of the negotiations in Dubai in 2102 at the World Conference on International Telecommunications to show why it is important for different institutions within the governance system to focus on their areas of expertise (e.g., the ITU, ICANN, and IGF). Several areas of conflict are reviewed, such as the desire to promote more broadband infrastructure (a topic that is in the …

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Richard J. Wilson

No abstract provided.

United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo

Muna B Ndulo

No abstract provided.

United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo

Muna B Ndulo

No abstract provided.

International Humanitarian Law: Americas Watch's Experience In Monitoring Internal Armed Conflicts, Robert Kogod Goldman

Robert K. Goldman

No abstract provided.

Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison

Caren Myers Morrison

No abstract provided.

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Malcolm Feeley

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled …

A Hitchhiker's Guide To International Estate Planning: Estate Planning For United States Citizens With Assets Abroad And For Nonresidents With United States Assets, Samuel Donaldson

Samuel A. Donaldson

This article offers an overview of the common estate planning issues faced by practitioners when their clients are U.S. citizens with business and investment activates outside the U.S. or nonresidents with U.S. business or investment activities.

International Taxation: Corporate And Individual, Philip Postlewaite, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

A Case Ill Suited For Judgment: Constructing 'A Sovereign Access To The Sea' In The Atacama Desert, Christopher Rossi

christopher robert rossi

Abstract: In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis …

Legal And Practical Consequences Of The Commercial Use Of Human Cells And Tissue, Sylvia Caley, L. Reinbacher, P. Strengers, B. Cohen

Sylvia B. Caley

With increasing frequency, human organs and tissues are being placed in the stream of commercial transactions to be treated as commodities. The transplant community, the media, and legislative bodies are following this commercial development with intense interest. The following three topics — the commercialization of biotechnology products, the media’s response to transplant activities, and the European Community’s (EC) development of policies and regulations concerning organ and tissue replacement therapy — highlight many of the ethical and legal concerns facing transplant medicine today. Preparation for the challenges of the future begins with honest appraisal and analysis of the evolution of ethical …

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Jonathan Todres

No abstract provided.

Framing The Responsibility To Protect Doctrine As A Means Of Legal And Moral Intervention With Universal Jurisdiction Legal Obligations Of The Responsibility To Protect Doctrine And Universal Civil Jurisdiction In The Syrian Civil War Crisis, David Satnarine

David Satnarine

No abstract provided.

The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford

Stuart Ford

There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes. Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …

A Tale Of Two Countries: Comparing The Law Of Inheritance In Two Seemingly Opposite Systems, Ray D. Madoff

Ray D. Madoff

Although at first glance French and U.S. inheritance laws appear to be diametrically opposed, this paper provides a deeper analysis. In doing so, it explains that nuances within both systems have made the laws more similar than they initially appear. U.S. inheritance laws, explicitly characterized by freedom of testation, include numerous substantive limits on how a testator may dispose of her property at death. Courts often use doctrines such as mental capacity, undue influence, and fraud to void wills that do not provide for the decedent’s children. Also, because over one half of all Americans die intestate, or without a …

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth

David A. Wirth

Mary Ellen O’Connell Was Quoted In The Aleteia Article "Iran Nuclear Agreement Hailed As Important Step In Nonproliferation", Mary Ellen O'Connell

Mary Ellen O'Connell

Mary Ellen O’Connell, professor of international law at the University of Notre Dame and author of The Prohibition on the Use of Force for Arms Control: The Case of Iran’s Nuclear Program, said that the deal, announced Tuesday, is in the security interest of the United States.

The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow

Mary Ellen O'Connell

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th Edition captures the critical developments for law students as they prepare for the global legal marketplace.Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.Professor …

A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry

Laurel S. Terry

This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry

Laurel S. Terry

This article provides a comprehensive overview of the treatment of legal services in the United States‘ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Laurel S. Terry

No abstract provided.

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft

Laurel S. Terry

No abstract provided.

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

O. Carter Snead

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …

'The Way Of The World', International Economic Law And National Constitutions: Irish Constitutional Sovereignty And The Eurozone Crisis, Darren O'Donovan

Darren O'Donovan

The height of the Eurozone crisis was accompanied by the emergence of the aphorism: 'when solvency goes, sovereignty goes'. Within the Irish legal system, both commentators and judges have been forced to engage with the question of what a constitution can deliver, and to what extent understandings of constitutional sovereignty must evolve, when a nation is confronted with the realities of sovereign insolvency. While issues of sovereignty are often analysed through the prism of politics or economics, or through the design or evolution of the constitutional order of the European Union, this article focuses upon the place of the legal …