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2001

Comparative and Foreign Law

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Articles 1 - 30 of 228

Full-Text Articles in Law

Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman Dec 2001

Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman

LLM Theses and Essays

This thesis considers the corporate legal systems of Israel and Delaware as they address the subject of corporate distributions to shareholders. The thesis reviews the significance of cash dividends and the acquisition by corporations of their own stock, in the management and survival of corporations, the effect they have on the disposition of creditors, and the extent to which they are restricted by operation of law. The thesis demonstrates how dividends and share repurchases may translate into a transfer of value from creditors to shareholders. It considers the effectiveness of the legal capital in securing creditors’ interest, and concludes that ...


Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia Dec 2001

Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia

LLM Theses and Essays

For several decades, the number of multinational corporations has significantly increased and this phenomenon has created a new problem: the issue of transfer pricing. Indeed, national states have observed that multinationals could simply manipulate cross- border transfer pricing policies in order to shift profits from one jurisdiction to another. France, along with the United States, was one of the very first countries to introduce transfer-pricing legislations. Although the aims of the French and U.S. transfer pricing systems are similar, the means used to apply such rules are different and often raise difficulties to get rid of double taxations. Nevertheless ...


The Dormant Foreign Affairs Power: Constitutional Implications For State And Local Investment Restrictions Impacting Foreign Countries, Carol E. Head Dec 2001

The Dormant Foreign Affairs Power: Constitutional Implications For State And Local Investment Restrictions Impacting Foreign Countries, Carol E. Head

Boston College Law Review

State and local pension funds have billions of dollars invested in global markets, and often use these assets to pressure foreign nations to change their human rights policies. Social investing practices and other non-social investment decisions impacting foreign nations may be impermissible incursions into the federal government's exclusive power over foreign policy under the Dormant Foreign Affairs Power, an implied constitutional restriction on state activity. This Note argues that in this era of global markets, a blanket prohibition against criticism of foreign nations does not allow states to fulfill their investment obligations. This Note calls for a flexible test ...


Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr Dec 2001

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from ...


Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku Oct 2001

Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku

University of Miami International and Comparative Law Review

No abstract provided.


The Implementation Of Ecowas' New Protocol And Security Council Resolution 1270 In Sierra Leone: New Developments In Regional Intervention, Ademola Abass Oct 2001

The Implementation Of Ecowas' New Protocol And Security Council Resolution 1270 In Sierra Leone: New Developments In Regional Intervention, Ademola Abass

University of Miami International and Comparative Law Review

No abstract provided.


The Depiction Of Law In African Literary Texts, Emmanuel Yewah Oct 2001

The Depiction Of Law In African Literary Texts, Emmanuel Yewah

University of Miami International and Comparative Law Review

No abstract provided.


Introduction, Ambassador Richard Bogosian Oct 2001

Introduction, Ambassador Richard Bogosian

University of Miami International and Comparative Law Review

No abstract provided.


Introduction, G. E. Crovetto Oct 2001

Introduction, G. E. Crovetto

University of Miami International and Comparative Law Review

No abstract provided.


Introduction, Tony Okonmah Oct 2001

Introduction, Tony Okonmah

University of Miami International and Comparative Law Review

No abstract provided.


Introduction, Prof. William Twining Oct 2001

Introduction, Prof. William Twining

University of Miami International and Comparative Law Review

No abstract provided.


The Republican Constitution Of 1963: The Supreme Court And Federalism In Nigeria, Akin Alao Oct 2001

The Republican Constitution Of 1963: The Supreme Court And Federalism In Nigeria, Akin Alao

University of Miami International and Comparative Law Review

No abstract provided.


Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins Oct 2001

Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins

University of Miami International and Comparative Law Review

No abstract provided.


Introduction, Christina Mcginley Oct 2001

Introduction, Christina Mcginley

University of Miami International and Comparative Law Review

No abstract provided.


Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose Oct 2001

Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose

University of Miami International and Comparative Law Review

No abstract provided.


Public Corruption: A Comparative Analysis Of International Corruption Conventions And United States Law, Peter J. Henning Oct 2001

Public Corruption: A Comparative Analysis Of International Corruption Conventions And United States Law, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara Oct 2001

Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara

University of Miami International and Comparative Law Review

No abstract provided.


Trade With Africa: A Great Opportunity For Miami-Dade County, Miami-Dade Mayor Alex Penelas Oct 2001

Trade With Africa: A Great Opportunity For Miami-Dade County, Miami-Dade Mayor Alex Penelas

University of Miami International and Comparative Law Review

No abstract provided.


Prosecution Of War Crimes By The International Criminal Tribunal For Rwanda, Dr. Alex Obote Odora Oct 2001

Prosecution Of War Crimes By The International Criminal Tribunal For Rwanda, Dr. Alex Obote Odora

University of Miami International and Comparative Law Review

No abstract provided.


International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija Oct 2001

International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija

University of Miami International and Comparative Law Review

No abstract provided.


Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin Oct 2001

Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin

University of Miami International and Comparative Law Review

No abstract provided.


New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George Oct 2001

New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George

University of Miami International and Comparative Law Review

No abstract provided.


Student Article: Sierra Leone's "Conflict Diamonds": The Legacy Of Imperial Mining Laws And Policy, Ian Martinez Oct 2001

Student Article: Sierra Leone's "Conflict Diamonds": The Legacy Of Imperial Mining Laws And Policy, Ian Martinez

University of Miami International and Comparative Law Review

No abstract provided.


A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt Oct 2001

A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt

Cornell Law Faculty Publications

This article examines the formation of an immigration policy designed to build up the skill and human capital of a country. We discuss how the process of selecting economic-stream migrants could be designed to yield economic benefits to the host country. Part I examines the theoretical considerations involved in framing a policy that governs economic-stream immigration. In this section, we outline the goals that a host country seeks to achieve in selecting these migrants and propose important elements of a selection scheme. Part II takes a comparative look at existing points-based schemes for selecting economic migrants, focusing on Canada and ...


Major-League-Baseball-Streik 1994-1995, Thomas Kohler Sep 2001

Major-League-Baseball-Streik 1994-1995, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Women In Afghanistan Since September 11th, Margaret Murphy Sep 2001

Women In Afghanistan Since September 11th, Margaret Murphy

Buffalo Women's Law Journal

No abstract provided.


Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados Jul 2001

Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados

University of Miami Inter-American Law Review

No abstract provided.


Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager Jul 2001

Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager

University of Miami Inter-American Law Review

No abstract provided.


The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra Jul 2001

The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra

University of Miami Inter-American Law Review

No abstract provided.


The Inter-Temporal Character Of International And Comparative Law Regarding The Rights Of The Indigenous Populations Of The World, Sompong Sucharitkul Jul 2001

The Inter-Temporal Character Of International And Comparative Law Regarding The Rights Of The Indigenous Populations Of The World, Sompong Sucharitkul

Publications

This report explores ways and means in a selection of comparative legal systems to ensure adequate protection of the rights of indigenous peoples within the territorial confines of national jurisdictions. In most contemporary legal systems, attention has been drawn to the problems of how best to protect and safeguard the various fundamental rights of indigenous peoples of different tribes and denominations, co-existing in a single or multiple legal system. To ensure their survival and continued co-existence, not only their rights, but also their cultures, traditions, ways of life and civilizations, must be preserved intact as distinct but unique social, cultural ...