Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (45)
- Nova Southeastern University (45)
- UC Law SF (25)
- University of Washington School of Law (24)
- Selected Works (22)
-
- University of Miami Law School (17)
- Florida State University College of Law (13)
- University of Michigan Law School (9)
- University of San Diego (9)
- University of Richmond (8)
- Brigham Young University Law School (7)
- Seattle University School of Law (7)
- SelectedWorks (7)
- William & Mary Law School (7)
- Maurer School of Law: Indiana University (6)
- American University Washington College of Law (5)
- University of Pittsburgh School of Law (5)
- Chicago-Kent College of Law (4)
- Northwestern Pritzker School of Law (4)
- UIC School of Law (4)
- Florida International University College of Law (3)
- Golden Gate University School of Law (3)
- The Catholic University of America, Columbus School of Law (3)
- University of Georgia School of Law (3)
- Boston University School of Law (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- New York Law School (2)
- Penn State Law (2)
- Schulich School of Law, Dalhousie University (2)
- Keyword
-
- Comparative and Foreign Law (45)
- International Law (28)
- Comparative law (14)
- Law and Economics (13)
- Constitutional Law (12)
-
- Economics (11)
- International Trade (9)
- International law (9)
- Law and Society (9)
- Public Law and Legal Theory (9)
- Courts (8)
- Human Rights Law (8)
- Jurisdiction (8)
- Jurisprudence (8)
- United States (8)
- Comparative (7)
- Contracts (7)
- Globalization (7)
- Islamic Law (7)
- Judges (7)
- Politics (7)
- Canada (6)
- Commercial Law (6)
- Comparative Law (6)
- Corporations (6)
- Criminal Law and Procedure (6)
- Human rights (6)
- Intellectual Property Law (6)
- International (6)
- Japan (6)
- Publication
-
- ILSA Journal of International & Comparative Law (45)
- ExpressO (42)
- UC Law SF International Law Review (25)
- Washington International Law Journal (21)
- Articles (11)
-
- Florida State University Journal of Transnational Law & Policy (11)
- Faculty Scholarship (9)
- San Diego International Law Journal (9)
- University of Miami International and Comparative Law Review (9)
- Richmond Journal of Global Law & Business (8)
- University of Miami Inter-American Law Review (6)
- All Faculty Scholarship (5)
- Michigan Journal of International Law (5)
- Seattle University Law Review (5)
- William & Mary Journal of Race, Gender, and Social Justice (5)
- BYU Law Review (4)
- Faculty Publications (4)
- Northwestern Journal of International Law & Business (4)
- Thomas C. Kohler (4)
- Brigham Young University International Law & Management Review (3)
- George Mason University School of Law Working Papers Series (3)
- Human Rights Brief (3)
- Indiana Journal of Global Legal Studies (3)
- Journal Articles (3)
- Publications (3)
- Scholarly Articles (3)
- Scholarly Works (3)
- Articles by Maurer Faculty (2)
- Dr. Muhammad Munir (2)
- Gila Stopler (2)
- Publication Type
- File Type
Articles 31 - 60 of 324
Full-Text Articles in Law
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.
Larceny Offenses In Islamic Law , Hisham Ramadan
Better Than Cash? Global Proliferation Of Debit And Prepaid Cards And Consumer Protection Policy, Arnold S. Rosenberg
Better Than Cash? Global Proliferation Of Debit And Prepaid Cards And Consumer Protection Policy, Arnold S. Rosenberg
ExpressO
A global deluge of debit cards and prepaid cards – payment cards that do not require consumers to qualify for credit – is rapidly making electronic payment systems accessible to much of the world’s population that previously paid in cash for goods and services. The global proliferation of payment cards is fraught with both risk and promise for consumers.
The billions of people of low to moderate incomes who are being hurled from a cash economy into the era of electronic payments in emerging economies by the proliferation of debit and prepaid cards are particularly vulnerable to abuses by banks …
A Law And Economics Perspective On Terrorism, Nuno M. Garoupa , Jonathan Klick, Francesco Parisi
A Law And Economics Perspective On Terrorism, Nuno M. Garoupa , Jonathan Klick, Francesco Parisi
George Mason University School of Law Working Papers Series
This paper reviews the existing law and economics literature on crime, noting where various models might apply to the terror context. Specifically, it focuses on two strands of the literature, deterrence and incapacitation. Challenging the conventional application of the basic rational agent model of crime in the context of terrorism, it considers anti-terror measures enacted by different countries, highlighting how the details of the laws correspond to the insights from economic models of crime. In conclusion, the paper proposes an efficient sorting mechanism in which individuals will be provided with adequate incentives to reveal their type to law enforcement authorities.
The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservation Versus Transformation, Christopher J. Roederer
The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservation Versus Transformation, Christopher J. Roederer
ExpressO
In the summer of 2005, the United States Supreme Court in Castle Rock v. Gonzales and the South African Constitutional Court in N.K. v. Minister of Safety & Security overturned decisions from their appellate courts. N.K. drew on the Constitutional Court decision in Carmichele v. Minister of Safety & Security. All three were torts cases involving the duties of the police, their accountability to the public, and rights of women to be free from violence, and each depended on the respective court’s interpretation of its constitution for resolution. This article focuses on the comparison, or rather, the sharp contrast between, …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
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.
Offshore Outsourcing And Workers Rights, Theodore J. St. Antoine
Offshore Outsourcing And Workers Rights, Theodore J. St. Antoine
Articles
No abstract provided.
Contracts Concluded By Electronic Agents - Comparative Analysis Of American And Polish Legal Systems, Aleksandra M. Jurewicz
Contracts Concluded By Electronic Agents - Comparative Analysis Of American And Polish Legal Systems, Aleksandra M. Jurewicz
ExpressO
This article analyzes the US and Polish law on contract formation by electronic agents. It persents the main similarities and differences in the approaches of common and civil legal systems. Finally, it discusses changes in legal theories in Poland that had to be made in order to comply with standards of electronic commerce.
Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein
Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein
ExpressO
This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state …
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.
Shifts In Policy And Power: Calculating The Consequences Of Increased Prosecutorial Power And Reduced Judicial Authority In Post 9/11 America, Chris Mcneil
ExpressO
Among many responses to the attacks of September 11, 2001, Congress and the states have shifted to the executive branch certain powers once held by the judicial branch. This article considers the impact of transferring judicial powers to prosecutorial officers, and compares the consequent increased powers of the prosecutor with those powers traditionally held by prosecutors in Japanese criminal courts. It considers the impact of removing from public view and judicial oversight many prosecutorial functions, drawing comparisons between the largely opaque Japanese prosecutorial roles and those roles now assumed in immigration and anti-terrorism laws, noting the need for safeguards not …
The Transformation Of South African Private Law After Ten Years Of Democracy: The Role Of Torts (Delict) In The Consolidation Of Democracy, Christopher J. Roederer
The Transformation Of South African Private Law After Ten Years Of Democracy: The Role Of Torts (Delict) In The Consolidation Of Democracy, Christopher J. Roederer
ExpressO
Although the role of the private law has been largely ignored in studies of transitional justice, private law is a crucial component in South Africa’s transition/transformation. Contrary to the views of some commentators, the private law and delict in particular, were tainted by apartheid. Further, even if the private law of South Africa was not infected by the apartheid cancer, it acted as a carrier and facilitator of apartheid values and policies, perpetuating the inequities apartheid. While there is evidence of the cancer in apartheid case law the more serious problem was a failure of delict to progress under apartheid. …
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
ExpressO
In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt …
Comparative Law: Alcohol, Drug Abuse & Jurisprudence From The United States To Korea, Hyun J. Cho
Comparative Law: Alcohol, Drug Abuse & Jurisprudence From The United States To Korea, Hyun J. Cho
LLM Theses and Essays
Human beings have struggled against alcohol and drug addiction since the beginning of history. All kinds of possible ways have been used to treat addicts effectively, such as segregation, whipping, sterilization, or execution. Like the ancient methods used to treat the disabled, these methods used to treat alcoholic and drug addicts stemmed mainly from ignorance and prejudice. Through trial and error, a fresh approach of treating alcoholism and drug addiction as a disease has emerged. This new perspective has created drug courts and a movement called Alcoholics Anonymous that have shown successful results, in helping create greater protection under the …
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Thwart A Tyrant By Resolving Land Crisis, Bernadette Atuahene
Thwart A Tyrant By Resolving Land Crisis, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
From International Law To Law And Globalization, Paul Schiff Berman
From International Law To Law And Globalization, Paul Schiff Berman
ExpressO
International law’s traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important – though sometimes inchoate – processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that “international law” is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael F. Mertens
ExpressO
The article discusses broadly the music piracy problem in Russia, the current state of Russia’s copyright laws, and how its laws and problems compare to the U.S. and the rest of the world. In particular, the article focuses on music piracy through the Internet and how it has exploded in Russia. One of the websites I target is the infamous Allofmp3.com, which has attracted a large amount of U.S. attention in recent times by consumers as well as lawmakers. The article analyzes the legislative and enforcement deficiencies in Russia that led to the enormous problem with traditional music piracy and …
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.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Popular Media
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …
Plea Bargaining At The Hague, Julian A. Cook
Plea Bargaining At The Hague, Julian A. Cook
Scholarly Works
Plea bargaining has come to The Hague. For most of its existence, the International Criminal Tribunal for the Former Yugoslavia (ICTY) shunned plea bargains. However, under pressure from United Nations member states and the impending deadline for the resolution of its caseload, the ICTY has increasingly relied on plea bargains in recent months. This Article exposes the deficiencies in guilty plea procedures at The Hague, particularly those designed to assess whether a plea is fully informed and voluntary. In a series of case studies, the Article argues that judicial questioning techniques have exploited the vulnerable state of defendants appearing before …
Reforming Retirement Systems: Why The French Have Succeeded When Americans Have Not, Kathryn L. Moore
Reforming Retirement Systems: Why The French Have Succeeded When Americans Have Not, Kathryn L. Moore
Law Faculty Scholarly Articles
In order to understand why the American Social Security system has been so resistant to change while the retirement systems in other countries have been amended, this Article analyzes why one country, France, was able to reform its retirement system significantly in 2003. The Article begins by briefly describing the French retirement system prior to 2003. It then provides an overview of the most significant changes wrought by the reform enacted in 2003. It then analyses why, after years of inaction and failed attempts to reform the French retirement system, the government succeeded in reforming the retirement system in 2003. …
Foreign Law And The U.S. Constitution, Kenneth Anderson