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Articles 1 - 16 of 16

Full-Text Articles in Law

Judicial Reform: Conflicting Aims And Imperfect Models, John Owen Haley Jan 2006

Judicial Reform: Conflicting Aims And Imperfect Models, John Owen Haley

Washington University Global Studies Law Review

I wish simply to attempt to identify a few underlying problems that appear to inhibit effective reforms from achieving broadly shared goals. In so doing, I suggest a research agenda designed to develop feasible solutions.


Does Ukraine Need A Comprehensive Statute To “Control” Private Data Controllers?, Olena Dmytrenko, Cara D. Cutler Jan 2006

Does Ukraine Need A Comprehensive Statute To “Control” Private Data Controllers?, Olena Dmytrenko, Cara D. Cutler

Washington University Global Studies Law Review

This Article considers whether a European Union model of data protection, predominately in the form of a comprehensive statute, or a U.S. model of data protection, favoring industry self-regulation enhanced by sectoral legislation, would be best for Ukraine. This Article argues that a comprehensive statute may fit more easily into Ukraine's civil law culture and may prove to be a requirement necessary for the country to obtain its goal of accession to the European Union. However, until Ukraine builds a strong democratic legacy, a rapid transplant of the European Union-style comprehensive statute may be detrimental to nurturing nascent ...


Compensation For Depreciation Of The Property Value According To Polish Land-Use Law, Miroslaw Gdesz Jan 2006

Compensation For Depreciation Of The Property Value According To Polish Land-Use Law, Miroslaw Gdesz

Washington University Global Studies Law Review

The purpose of this Article is to examine the role of compensation rights in property reduction due to planning decisions in Poland.


For Better Or Worse: A Discussion Of The Bia's Ambiguous C-Y-Z Decision And Its Legacy For Refugees Of China's One Child Policy, Meredith M. Snyder Jan 2006

For Better Or Worse: A Discussion Of The Bia's Ambiguous C-Y-Z Decision And Its Legacy For Refugees Of China's One Child Policy, Meredith M. Snyder

Washington University Law Review

No abstract provided.


How Stricter Dutch Immigration Policies Are Contributing To Rising Islamic Fundamentalism In The Netherlands And Europe, Aileen Tom Jan 2006

How Stricter Dutch Immigration Policies Are Contributing To Rising Islamic Fundamentalism In The Netherlands And Europe, Aileen Tom

Washington University Global Studies Law Review

No abstract provided.


Reforming The Brazilian Supreme Federal Court: A Comparative Approach, Maria Angela Jardim De Santa Cruz Oliveira Jan 2006

Reforming The Brazilian Supreme Federal Court: A Comparative Approach, Maria Angela Jardim De Santa Cruz Oliveira

Washington University Global Studies Law Review

This Article defends giving the SFC power to issue provisional measures to stay the proceedings of identical cases in lower courts when the constitutional controversy has already been presented before the SFC.


Corporate Governance In Pakistan: Analysis Of Current Challenges And Recommendations For Future Reforms, Ali Adnan Ibrahim Jan 2006

Corporate Governance In Pakistan: Analysis Of Current Challenges And Recommendations For Future Reforms, Ali Adnan Ibrahim

Washington University Global Studies Law Review

This Article outlines the legal superstructure governing corporations in Pakistan. It identifies problems with the current legal regime and makes recommendations for future reforms.


Introduction: Regulatory Takings Viewed Through Cross-National Comparative Lenses, Rachelle Alterman Jan 2006

Introduction: Regulatory Takings Viewed Through Cross-National Comparative Lenses, Rachelle Alterman

Washington University Global Studies Law Review

This two-volume Symposium covers eleven advanced economy, democratic countries and represents a wide variety of laws and practices.


Compensation Rights For Reduction In Property Values Due To Planning Decisions: The Case Of France, Vincent A. Renard Jan 2006

Compensation Rights For Reduction In Property Values Due To Planning Decisions: The Case Of France, Vincent A. Renard

Washington University Global Studies Law Review

This Article will describe the origins of the basic principle of non-compensation, the limits of its application, and the various ways in which landowners can receive limited compensation. The Article will conclude by commenting on the recent evolution of the European Court of Human Rights’ jurisprudence.


Regulatory Takings In Canada, Bryan P. Schwartz, Melanie R. Bueckert Jan 2006

Regulatory Takings In Canada, Bryan P. Schwartz, Melanie R. Bueckert

Washington University Global Studies Law Review

Canadian law lacks a robust “regulatory takings” doctrine, a phenomenon partially explained by Canada’s unique constitutional backdrop. Some Canadian provinces have statutes that provide greater protection for certain property rights. Canada also has international trade obligations that require it to protect foreign investors’ property rights. The only indirect recognition and remuneration of regulatory takings is encompassed in a longstanding interpretive presumption in favor of compensation in situations involving expropriation. Yet, despite all of these safeguards to protect property rights from regulatory takings and despite recent developments in regulatory takings jurisprudence, property rights receive minimal protection under Canadian law.


The Law On Compensation Rights For Reduction In Property Values Due To Planning Decisions In The United Kingdom, Michael Purdue Jan 2006

The Law On Compensation Rights For Reduction In Property Values Due To Planning Decisions In The United Kingdom, Michael Purdue

Washington University Global Studies Law Review

As we will see, rights to compensation in the U.K. are very limited and are largely related to the revocation or modification of a valid planning permission. In some situations, landowners may also be able to require authorities to purchase their lands. This is limited to cases where either (1) the land is zoned for public works that requires the land to be publicly owned, or (2) a development control decision renders the property incapable of any beneficial use. The overriding principle, however, is that where the development of land is restricted in the name of the public interest ...


Planning Regulation, Property Protection, And Regulatory Takings In The Greek Planning Law, Georgia Giannakourou Jan 2006

Planning Regulation, Property Protection, And Regulatory Takings In The Greek Planning Law, Georgia Giannakourou

Washington University Global Studies Law Review

The next section of the Article will address the question of takings with regard to the provisions of the Greek Constitution. It will attempt to formulate a typology of potential regulatory takings in Greece, based on the types of injurious planning decisions that have emerged in recent practice. Afterward, the paper will examine the statutory regimes for takings compensation as well as the compensation instruments. The last section of the paper will present critical remarks on the current state of Greek planning law, contemporary practices, and the prospect of the takings issue in Greece.


South Africa's Criminalization Of “Hurtful” Comments: When The Protection Of Human Dignity And Equality Transforms Into The Destruction Of Freedom Of Expression, Ryan F. Haigh Jan 2006

South Africa's Criminalization Of “Hurtful” Comments: When The Protection Of Human Dignity And Equality Transforms Into The Destruction Of Freedom Of Expression, Ryan F. Haigh

Washington University Global Studies Law Review

No abstract provided.


China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler Jr. Jan 2006

China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler Jr.

Washington University Global Studies Law Review

This Article notes that despite China’s policy to encourage automobile ownership, China’s urban planning policies seem aimed at avoiding the development of a completely automobile dependent economy and culture, unlike the United States’ economy and culture. This Article concludes with the observation that growth management and energy policies in both the United States and China appear to be on a collision course with the new global energy and environmental realities of the twenty-first century.


Circumventing Shari’A: Common Law Jurisdictions’ Response To Persecuted Sexual Minorities’ Asylum Claims, Stephen Pischl Jan 2006

Circumventing Shari’A: Common Law Jurisdictions’ Response To Persecuted Sexual Minorities’ Asylum Claims, Stephen Pischl

Washington University Global Studies Law Review

No abstract provided.


Conflicting Policies: Special Education And High Stakes Testing In The United States And England, Joanna Franks Sackel Jan 2006

Conflicting Policies: Special Education And High Stakes Testing In The United States And England, Joanna Franks Sackel

Washington University Global Studies Law Review

No abstract provided.