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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.


Money Laundering And Legal Globalization: Where Does The United States Stand On This Issue?, Ellen S. Podgor Jan 2006

Money Laundering And Legal Globalization: Where Does The United States Stand On This Issue?, Ellen S. Podgor

Washington University Global Studies Law Review

In this book review, Ellen S. Podgor offers a review of Heba Sham, Legal Globalization: Money Laundering Law and Other Cases from the Sir Joseph Gold Memorial Series.


The Evolving Domestic And International Law Against Foreign Corruption: Some New And Old Dilemmas Facing The International Lawyer, Juscelino F. Colares Jan 2006

The Evolving Domestic And International Law Against Foreign Corruption: Some New And Old Dilemmas Facing The International Lawyer, Juscelino F. Colares

Washington University Global Studies Law Review

For over two decades, the Foreign Corrupt Practices Act (“FCPA”) and, more recently, the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention”) have delineated to U.S. lawyers and their clients which international transactions are proscribed and punished as corrupt. However, like any other statute, the FCPA and the OECD Convention are unable to cover all the permutations of activity that would seemingly constitute transnational corruption. This Article explores what is prohibited and permissible under the FCPA and the OECD Convention, highlighting the tension between operating outside the ...


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 ...


Intercountry Adoptions: Are The Biological Parents' Rights Protected?, Cynthia Ellen Szejner Jan 2006

Intercountry Adoptions: Are The Biological Parents' Rights Protected?, Cynthia Ellen Szejner

Washington University Global Studies Law Review

No abstract provided.


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.


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.


Finding Nemo... And Eating Him: The Failure Of The United Nations To Force Internalization Of The Negative Social Costs That Result From Overfishing, Ryan Cantrell Jan 2006

Finding Nemo... And Eating Him: The Failure Of The United Nations To Force Internalization Of The Negative Social Costs That Result From Overfishing, Ryan Cantrell

Washington University Global Studies Law Review

No abstract provided.


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.


Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole Jan 2006

Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole

Washington University Global Studies Law Review

No abstract provided.


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.


Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell Jan 2006

Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell

Washington University Global Studies Law Review

No abstract provided.


Effects-Based Operations And The Law Of Aerial Warfare, Michael N. Schmitt Jan 2006

Effects-Based Operations And The Law Of Aerial Warfare, Michael N. Schmitt

Washington University Global Studies Law Review

This article explores effects-based operations (EBO) to ascertain how they might affect the law of armed conflict. In light of the dominance of American military power, the U.S. approach to EBO, which is now reflected in the doctrine of other nations as well as the North Atlantic Treaty Organization (NATO), will serve as our model. Although EBO applies to every dimension of conflict, including the information sphere, it reaches its apogee in aerial warfare. Therefore, conflict in that medium will serve as the particular context of inquiry.


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.


Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman Jan 2006

Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman

Washington University Global Studies Law Review

These remarks by a panel of scholars address issues of climate change, as well as legal solutions to these problems. In particular is a focus on the Kyoto Protocol, an alliance of nation states dedicated to the reduction of harmful greenhouse gases.


Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison Jan 2006

Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison

Washington University Global Studies Law Review

No abstract provided.


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.


The Nexus Between Free Trade Agreements And The Trafficking Of Human Beings, Claudine Chastain Jan 2006

The Nexus Between Free Trade Agreements And The Trafficking Of Human Beings, Claudine Chastain

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.