Law Commons^™

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.

Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies: Implementing International Law In Israel/Palestine Conflict: Introduction, George E. Bisharat

UC Law SF International Law Review

No abstract provided.

The Role Of U.S. Foreign Policy In Establishing Jurisdiction: Should Foreign Policy Be An Exclusively Federal Concern, Benjamin R. Ehrhart

UC Law SF International Law Review

No abstract provided.

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

International Law And The Peace Process, Richard Falk

UC Law SF International Law Review

No abstract provided.

International Law And The Palestine Refugees, John Quigley

UC Law SF International Law Review

No abstract provided.

To Reconcile, Or To Be Reconciled?: Agency, Accountability, And Law In Middle Eastern Conflicts, Laurie King-Irani

UC Law SF International Law Review

No abstract provided.

The Mirage Of Rights - Response, Elazar Barkan

UC Law SF International Law Review

No abstract provided.

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver

UC Law SF International Law Review

No abstract provided.

Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur

UC Law SF International Law Review

No abstract provided.

Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr

UC Law SF International Law Review

No abstract provided.

The German Parental-Leave System As A Model For California: Creating A Race To The Top Within A Federal System, Dirk Larsen

UC Law SF International Law Review

When the U.S. Congress was drafting the Family and Medical Leave Act of 1993, it looked to Germany as an example of a country with generous family-leave policies as well as a strong economy. Due to opposition from the business sector and reluctance to regulate family life, the resulting legislation was much weaker than its German counterpart. Since that time, Germany's social order proved less self-sustaining than previously thought. The author compares the relative merits, successes, and failures of Germany's and California's parental-leave policies and suggests that California could stand to benefit by adopting modified aspects of the German model …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Judicial Reform In Afghanistan: A Case Study In The New Criminal Procedure Code, Faiz Ahmed

UC Law SF International Law Review

On January 4, 2004, the Islamic Transitional State of Afghanistan ratified a constitution. While lauded by many, a number of its articles have stirred debate within Afghanistan. Using the country's new criminal procedure code as a case study, the author addresses key questions pertaining to legal reform and development movements, including the foreign imposition of law, a lack of local participation in legal reform processes, and a blindness to the multiple layers of indigenous law practiced on the ground. The author concludes that these are all weaknesses that will fundamentally hamper the rebuilding of stable legal institutions in Afghanistan in …

International Law And Rights-Based Remedies In The Israel/Palestine Conflict: Settlements, Asli U. Bali

UC Law SF International Law Review

No abstract provided.

Applying The Rule Of Law In The War On Terror: An Examination Of Guantanamo Bay Through The Lens Of The U.S. Constitution And The Geneva Conventions, John R. Pariseault

UC Law SF International Law Review

No abstract provided.

Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu

UC Law SF International Law Review

Since the 1990s, China has witnessed large-scale demolition projects aimed at making room for commercial development. Commercial developers have been reluctant to provide residents with compensation and relocation arrangements, resulting in tension between residents and developers. To strike a balance between economic development and private property protection, lawmakers passed several laws to regulate government takings. In March 2004, a clause was added to Article 13 of the Constitution, requiring the government to compensate private owners when their property is taken for public use. The author concludes that widespread misuse of public purpose takings and forced evictions indicate that these new …

Opening The Pandora's Box Of Space Law, Paul Tobias

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies, Wadie E. Said

UC Law SF International Law Review

No abstract provided.

Challenging China's Fixed Exchange Rate Regime: An Analysis Of U.S. Options, Xinchen Sofia Lou

UC Law SF International Law Review

No abstract provided.

Geographical Indicators: A Unique European Perspective On Intellectual Property, Eva Gutierrez

UC Law SF International Law Review

In a recent case before the World Trade Organization, the European Union advocated robust protection for geographical indicators, much to the opposition of the United States and Australia. Although the United States criticizes the European perspective of geographical indicators, the author concludes the robust GI protection the EU provides to its Member States is both a valid and ingenious way of utilizing intellectual property for national economic and social growth.

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.