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Articles 1 - 30 of 181
Full-Text Articles in Law
Anti-Monopoly Law In China: A Socialist Market Economy Wrestles With Its Antitrust Regime, Jared A. Berry
Anti-Monopoly Law In China: A Socialist Market Economy Wrestles With Its Antitrust Regime, Jared A. Berry
Brigham Young University International Law & Management Review
No abstract provided.
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
San Diego International Law Journal
This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
San Diego International Law Journal
This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
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. …
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
San Diego International Law Journal
In a quick search for cases involving foreign law that have been decided by California courts over the last two years, the results were not surprising: 100 cases were governed by Mexican law, 57 by Canadian law, 29 by Japanese law, 28 by German law, and 12 by Chinese law. I would like to pose two ideas before this learned audience: first, that becoming familiar with foreign law is a practical, intriguing and beneficial exercise for California judges and for American judges at large. And second, that Mexican law represents an emerging and a very large component of foreign law …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Making Peace With Criminals: An Economic Approach To Assessing Punishment Options In The Colombian Peace Process, Katie Kerr
University of Miami Inter-American Law Review
No abstract provided.
Fundamental Concepts In Reinsurance In Latin American Countries, Adam B. Leightling, Laura M. Paredes
Fundamental Concepts In Reinsurance In Latin American Countries, Adam B. Leightling, Laura M. Paredes
University of Miami Inter-American Law Review
No abstract provided.
The Unresolved Debates That Scorched Kyoto: An Analytical Framework, David W. Childs
The Unresolved Debates That Scorched Kyoto: An Analytical Framework, David W. Childs
University of Miami International and Comparative Law Review
No abstract provided.
Convergence Of Civil Law And Common Law In The Criminal Theory Realm, Julian Hermida
Convergence Of Civil Law And Common Law In The Criminal Theory Realm, Julian Hermida
University of Miami International and Comparative Law Review
No abstract provided.
The Icc Prosecutor, Collateral Damage, And Ngos: Evaluating The Risk Of A Politicized Prosecution, Richard John Galvin
The Icc Prosecutor, Collateral Damage, And Ngos: Evaluating The Risk Of A Politicized Prosecution, Richard John Galvin
University of Miami International and Comparative Law Review
No abstract provided.
Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett
Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett
University of Miami International and Comparative Law Review
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi
Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi
BYU Law Review
No abstract provided.
Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo
Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo
BYU Law Review
No abstract provided.
Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett
Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett
BYU Law Review
No abstract provided.
China's New Regulations On Religion: A Small Step, Not A Great Leap, Forward, Eric R. Carlson
China's New Regulations On Religion: A Small Step, Not A Great Leap, Forward, Eric R. Carlson
BYU Law Review
No abstract provided.
Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson
Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson
Washington and Lee Law Review
No abstract provided.
Brazil Enacts New Federal Bankruptcy Law, Gilberto Deon Correa, Ricardo C. Veirano
Brazil Enacts New Federal Bankruptcy Law, Gilberto Deon Correa, Ricardo C. Veirano
Brigham Young University International Law & Management Review
No abstract provided.
Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez
Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez
Brigham Young University International Law & Management Review
No abstract provided.
The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand
The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand
Osgoode Hall Law Journal
This article concerns the ascertainment by judges of normative facts that emanate from within foreign legal orders and must be taken into consideration in the interpretation of domestic rules. The author proposes an analytical approach which is based on three ideas. First, judges must remain in control of the process aimed at ascertaining such facts. Because the interpretation of domestic rules is at stake, they cannot remain passive and rule solely on the basis of the information adduced by the parties, as they normally do while ascertaining the contents of foreign rules under a classic conflict of laws scenario. Second, …
Taking Legal Pluralism Seriously: The Alien Tort Claims Act And The Role Of International Law Before U.S. Federal Courts, Luisa Antoniolli
Taking Legal Pluralism Seriously: The Alien Tort Claims Act And The Role Of International Law Before U.S. Federal Courts, Luisa Antoniolli
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
The Japanese Antimonopoly Act And Nonassertion Of Patents Provisions: Microsoft's Conflict With The Japan Fair Trade Commission, Courtney E. Mertes
The Japanese Antimonopoly Act And Nonassertion Of Patents Provisions: Microsoft's Conflict With The Japan Fair Trade Commission, Courtney E. Mertes
Washington International Law Journal
In recent decades, Japan has strengthened its antimonopoly regulations. Now, a country that historically favored internal collusion continues to develop a stringent antimonopoly regime that encourages competition. The Japan Fair Trade Commission ("JFTC") enforces the Japanese Act Concerning the Prohibition of Private Monopoly and the Maintenance of Fair Trade ("Antimonopoly Act") and its provisions dealing with unfair trade practices. The JFTC takes a strong stance in enforcement of the Act and violators follow its recommendations. The JFTC has charged Microsoft Corporation ("Microsoft") with abuse of a dominant bargaining position and unfair trade practices in its use of restrictive provisions, such …
Extreme Policy Makeover: Re-Evaluating Current U.S.-Vietnam Relations Under The International Religious Freedom Act, Kevin V. Tu
Extreme Policy Makeover: Re-Evaluating Current U.S.-Vietnam Relations Under The International Religious Freedom Act, Kevin V. Tu
Washington International Law Journal
Following the signing of the Paris Peace Accord in 1973, the relationship between the United States and Vietnam remained essentially frozen. In 2000, the signing of the United States-Vietnam Bilateral Trade Agreement was an epic step in the normalization of relations. In addition, the BTA was hailed as a means of effectuating positive change in the area of Vietnam's human rights. Unfortunately, the state of religious freedom in Vietnam has deteriorated while economic ties with the United States have strengthened. Despite Vietnam's purported respect for religious freedom, violations continue. Vietnam restricts the practice of religion, detains religious leaders, and tolerates …
State Responsibility And Maritime Terrorism In The Strait Of Malacca: Persuading Indonesia And Malaysia To Take Additional Steps To Secure The Strait, Tammy M. Sittnick
State Responsibility And Maritime Terrorism In The Strait Of Malacca: Persuading Indonesia And Malaysia To Take Additional Steps To Secure The Strait, Tammy M. Sittnick
Washington International Law Journal
The Strait of Malacca, located between Indonesia and Malaysia, and opening into the Pacific Ocean off the coast of Singapore, is not only one of the world's busiest and most vital waterways, but also a likely target for maritime terrorists. High levels of piracy and the presence of numerous regional terrorist organizations suggest the Strait is particularly vulnerable to a maritime terrorist attack. Such an attack would significantly disrupt international trade and could inflict billions of dollars in damage to the global economy. Primary responsibility for the security of the Strait lies with the coastal states of Indonesia, Malaysia, and …
Regulation On Sino-Foreign Cooperation In Making Television Programs, Litong Chen
Regulation On Sino-Foreign Cooperation In Making Television Programs, Litong Chen
Washington International Law Journal
The Chinese Government traditionally has believed that the voices of adversaries, whether foreign or domestic, should not be heard. The Preamble to the Chinese Constitution states that, "The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it."' The beachhead which has been regarded as most critical for the Communist Party of China ("CPC") to defend is China's mass media—the CPC's mouthpiece for its ideological rhetoric. Conventionally, the best way to keep a beachhead is to repel the enemy from its shores. Historically, China …
Enriching The Land Or The Political Elite? Lessons From China On Democratization Of The Urban Renewal Process, Pamela N. Phan
Enriching The Land Or The Political Elite? Lessons From China On Democratization Of The Urban Renewal Process, Pamela N. Phan
Washington International Law Journal
As China in the twenty-first century rushes ahead in its quest to become more developed and cosmopolitan, the poor are increasingly cast as outsiders to the nation's new social contract and urban development politics. Nowhere is the contrast between China's urban rich and rural poor as stark as on the land itself. In cities throughout China, land continues to be taken away from the collective and placed into the hands of an increasingly rich and powerful elite. As a new society built upon urban poverty, exclusion, and inequality emerges, and the gap between rich and poor widens, the new political …
Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones
Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones
Washington International Law Journal
The Australian greyhound racing industry is capitalizing on newly emerging markets in countries such as China and South Korea. The industry's drive to profit from promoting greyhound racing in these countries has put the welfare of greyhounds at risk. By exporting these dogs to China and South Korea, Australia is violating the spirit and general intent of its own animal cruelty laws, which guard against the type of animal abuse that occurs largely unchecked in those countries. Therefore, Australia should put an end to such exports as soon as possible. Under the General Agreement on Tariffs and Trade ("GATT"), Australia …
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
San Diego International Law Journal
This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
San Diego International Law Journal
This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.