Law Commons^™

Why France Needs To Collect Data On Racial Identity . . . In A French Way., David B. Oppenheimer

David B Oppenheimer

Il Diritto Di Controllo Del Socio Di S.R.L. A Confronto Con La Disciplina Tedesca, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Esclusione Dell'indennità Di Fine Rapporto Dell'agente Nel Diritto Comunitario, Italiano E Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Governance Of Markets In The United States And The European Union: A Comparative Survey Of Sec Regulation Nms And The Eu Markets In Financial Instruments Directive, Linda Jeng-Braun

Linda Jeng-Braun

Regulation NMS and MiFID were proposed in the U.S. and the EU, respectively, in the same year of 2004 and are dramatically changing U.S. and EU securities market infrastructure and practices. They possess a large number of similarities and address common issues that markets and regulators are facing on both sides of the Atlantic. Through an examination of Regulation NMS and MiFID, this Article conducts a themed comparison of the governance of securities markets in the U.S. and the EU by history, regulatory governance and supervisory developments, market infrastructure issues of fragmentation and transparency, and long-term consequences for market participants. …

The Transatlantic Divide Over The Implementation And Enforcement Of Security Council Resolutions, Daniel S. Meyers

Daniel S Meyers

American and European governmental institutions adopt vastly divergent approaches to the implementation and enforcement of targeted sanctions adopted by the United Nations Security Council under Chapter VII of the Charter of the United Nations. In Europe, targeted sanctions mandated under Chapter VII of the Charter are regarded as absolute obligations outside the reach of local due process constraints. In America, by contrast, such Chapter VII measures are regarded as mandatory obligations only to the extent that they are consistent with domestic law. As a consequence, a commonly held belief -- that in the "war" on terror, American institutions are more …

The Rise Of Customary Businesses In International Financial Markets: An Introduction To Islamic Finance And The Challenges Of International Integration, Ali A. Ibrahim

Ali A Ibrahim

This paper demonstrates theoretical foundations of Islamic finance and their correlation with the Islamic finance industry. In this respect, the paper presents an over-all survey of the Islamic finance industry, Islamic-law injunctions pertaining to Islamic finance, quasi regulatory institutions, financial engineering, transaction structures and the evolving practices. The paper also highlights various areas of further research, a comprehensive treatment of which is critical to the continuing growth of Islamic finance in the international financial markets.

Does Australia Have A Constitution? Part I -- The Powers Constitution, Howard Schweber, Ken Mayer

Howard Schweber

The conventional wisdom about the Australian Constitution is that it neither says what it means, nor means what it says. The gap between language and meaning is starkest in the sections on executive power, in which the explicit language vesting all executive power in the Governor-General is supplanted by the conventions of Responsible Government, according to a universally accepted view of what the constitutional framers intended to create. One consequence of this divergence between language and practice is that constitutional interpretation normally requires a series of finesses, in which much of the text is read out of the document entirely. …

Does Australia Have A Constitution? Part Ii -- The Rights Constitution, Howard Schweber, Ken Mayer

Howard Schweber

In this article, we visit the question of whether Australia has a “genuine” constitution with respect to guarantees of individual rights. The Australian constitutional text lacks explicit rights guarantees, but various types of rights protections have been derived from the text through judicial construction. To test the Australian model, we compare three other cases -- the United States, the U.K., and Israel -- with respect to the relationship between text, convention, and constitutional ethos. Australia does not fit cleanly into any of these three models, although it displays elements of each. More importantly, the High Court’s extrapolation of rights from …

Towards A Scientific Standard For The Admissibility And Evaluation Of Psychiatric Evidence In War Crimes Prosecutions, Matthew J. Madalo

Matthew J Madalo

"Towards a Standard for the Admissibility and Evaluation of Psychiatric Evidence in War Crimes Prosecutions" explores the nature and use of psychiatric/psychological defenses and evidence in war crimes prosecutions. Part I of the article focuses on the differing goals and overlapping concerns between psychiatry and the law. In the international criminal legal context, the discussion will center on the types of psychiatric evidence and defenses that have been used or are likely to be used in war crimes prosecutions. Part II analyzes the applicable ICTY, ICR and ICC Statutes, Rules of Procedure and Evidence, and relevant United States common law …

La Formazione Professionale Continua Dell'avvocato A Confronto Con Il Modello Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein

Michael J. Kelly

This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems employed …

Getting Under Your Skin--Literally: Rfid In The Employment Context, Marisa Anne Pagnattaro

marisa pagnattaro

This article explores the legal ramifications of the use of radio frequency identification chips (“RFID”) by employers. RFID is an automated data-capture technology that can be used to identify, track and store information contained on a tiny computer chip, which uses electromagnetic energy in the form of radio waves to communicate information. These chips can be implanted under an employee’s skin, worn in an employee’s clothing or in an identification badge. Part I presents a brief history of RFID, as well as novel and interesting uses in the workplace. This section also discusses security and safety concerns regarding the use …

Patent Eligible Subject Matter In The Biotechnological Arts, Benjamin A. Keim

Benjamin A Keim

This paper compares the patentability of biotechnology inventions under the laws of the United States, Canada, Australia, and New Zealand. Five specific categories of biotechnology are examined: genes and DNA, microorganisms, plants and animals, human embryonic stem cells, and medical methods. The WTO-TRIPS agreement establishes the underlying framework followed by these countries. All of these counties allow patenting of genes and DNA as well as microorganisms. Plant and animal patents are allowed in all the countries except Canada. Surgical and medical methods are only patentable in the U.S. and Australia. Human embryonic cells are patentable in all jurisdictions, except for …

Efficiency And Effectiveness In Securities Regulation: Comparative Analysis Of The United States Competitive Regulatory Structure And The United Kingdom’S Single Regulator Model, Joseph Silvia

Joseph Silvia

Efficiency and Effectiveness in Securities Regulation: Comparative Analysis of the United States Competitive Regulatory Structure and the United Kingdom’s Single Regulator Model Does the form of regulatory institutions impact the efficiency and effectiveness of the regulatory structure? While the current status of the multi-level/multi-functional regulatory structure in the United States (US) has developed over many years, the recent adoption of a single regulator structure by the United Kingdom (UK) offers us opportunity to test the impact of form on substance. To what extent does each system efficiently and effectively monitor and enforce the regulations of the financial markets? This paper …

Emerging Market Competition Policy: The Brazilian Experience, Joseph Silvia

Joseph Silvia

Abstract: Emerging Market Competition Policy: The Brazilian Experience Brazilian competition policy has developed over decades into a policy system that has allowed Brazil to lead South American nations in generating economic growth and sustainability, as well as the development of a “fully functioning market economy” in Brazil. The Brazilian Competition Policy System regulates merger control, competitive behavior among Brazilian firms, antitrust issues, and economic stability within regulation. Brazil’s policies have been crucial to the nation’s development from mostly state-owned enterprise and government interference in the markets after World War II. Brazil’s status as an emerging economy has also required that …

Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach

Aaron Schwabach

The article is intended as a counterpoint to the all-too-frequent portrayal of China as the world’s leading violator of intellectual property rights. In fact, by many measures China, taken as a whole, is not the leading violator. Some measures show China as the leading violator only because they are aggregates, and do not take into account China’s size. When figures are adjusted for population, China’s rates of intellectual property violation are lower than those of many other countries, including the United States. The article first looks at examples of the current round of political and media China-bashing. It then examines …

Changes In Modern Military Codes And The Role Of The Military Commander: What Should The United States Learn From This Revolution?, Victor M. Hansen

Victor M. Hansen

This article examines the renewed interest which legal scholars, courts, and practitioners are giving to military justice. In light of this heightened interest, there have been a number of calls to reform the Uniform Code of Military Justice. Specifically, there is pressure to change and reduce the role of the military commander in the justice system. This pressure for change comes in part due to the changes made in the military codes of the United Kingdom and Canada, two countries which share a common tradition with the United States. The overall effect of these changes has been to significantly reduce …

The Perfect Storm? International Trade In American-Style Tort Litigation, David L. Wallace

David L. Wallace

No abstract provided.

From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon

Gregory S. Gordon

On October 25, 2005, at an anti-Zionism conference in Tehran, Iran's President, Mahmoud Ahmadinejad, called for Israel to "be wiped off the face of the map" -- the first in a series of incendiary speeches arguably advocating liquidation of the Jewish state. Certain commentators argue that these speeches constitute direct and public incitement to commit genocide. This Article analyzes these arguments by examining the nature and scope of recent groundbreaking developments in incitement law arising from the Rwandan genocide prosecutions. For the first time in the legal literature, the Article pieces together an analytical framework based on principles derived from …

Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency In Post-Authoritarian Africa, Kwasi H. Prempeh

H. Kwasi Prempeh

One of the paradoxes of modern democratic government is the phenomenon of the chief executive who rules without regard to formal checks and balances. As democratic institutions and constitutional government have spread to regions of the world once dominated by authoritarian regimes, a longstanding feature of the ancien régime—the imperial presidency—has persisted. While constitutional scholars have shown a great deal of interest in new constitutional courts in the world’s newest democracies, the contemporaneous phenomenon of persistent imperial presidency has been largely ignored. Although relatively little attention has been paid to it in comparative constitutional discourse, Africa, too, has witnessed, since …

Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency Of Post-Authoritarian Africa, H. Kwasi Prempeh

H. Kwasi Prempeh

ABSTRACT One of the paradoxes of modern democratic government is the phenomenon of the chief executive who rules without regard to formal checks and balances. As democratic institutions and constitutional government have spread to regions of the world once dominated by authoritarian regimes, a longstanding feature of the ancien régime—the imperial presidency—has persisted. While constitutional scholars have shown a great deal of interest in new constitutional courts in the world’s newest democracies, the contemporaneous phenomenon of persistent imperial presidency has been largely ignored. Although relatively little attention has been paid to it in comparative constitutional discourse, Africa, too, has witnessed, …

No Two-Stepping In The Laboratories, Michael M. Pappas

Michael M Pappas

NO TWO-STEPPING IN THE LABORATORIES examines the deference standards the various states offer to agency statutory interpretation. The article analyzes these state examples and their implications for the federal Chevron doctrine.

Putting The Corporation In Its Place, Ron Harris, Timothy Guinnane, Naomi R. Lamoreaux, Jean-Laurent Rosenthal

Ron Harris

This article challenges the idea that the corporation is a globally superior form of business organization and that the Anglo-American common-law is more conducive to economic development than the code-based legal systems characteristic of continental Europe. Although the corporation had important advantages over the main alternative form of organization (partnerships), it also had disadvantages that limited its appeal to small- and medium-sized enterprises (SMEs). As a result, when businesses were provided with an intermediate choice, the private limited liability company (PLLC) that combined the advantages of legal personhood and joint stock with a flexible internal organizational structure, most chose not …

Stronger Trade Or Stronger Embargo: What The Future Holds For United States-Cuba Trade Relations, Michael D. Margulies

Michael D Margulies

This paper provides an analysis of the history, politics, legislation and current state of affairs of United States-Cuban trade relations. Beginning with the political climate and events that have led to the existing and limited trade relations between the two countries, the article proceeds to identify the possibility for enhanced trade. The subject of the existing legislation is important in its own right and may serve as an indicator of what potential exists for future U.S.-Cuban relations. Though such a relationship may prove to be economically beneficial for both the U.S. and Cuba, there is much more at stake from …

Legislative, Judicial, Soft Law, And Cooperative Approaches To Harmonizing Corporate Income Taxes In The Us And The Eu, Charles E. Mclure

Charles E. McLure Jr.

Legislative, Judicial, Soft Law, and Cooperative Approaches to Harmonizing Corporate Income Taxes in the US and the EU

Charles E. McLure, Jr.

Abstract

The Member States of the European Community have systems of taxing corporate income that are more appropriate for nations than for members of an economic union. This paper describes the problems of the present system, which is based on separate accounting and arm’s length pricing, the advantages of one based on consolidation and formula apportionment, such as those employed by the US states and Canadian provinces, and the desirable characteristics of such a system. The European Court …

The Challenges Of International Criminal Prosecutions In Africa, Okechukwu Oko

Okechukwu Oko

This paper evaluates the problems and challenges of using international criminal prosecutions to promote accountability and facilitate reconciliation in African countries sundered by mass violence and genocide. It examines the values of criminal prosecutions and offers some explanations of the factors that limit the effectiveness of criminal prosecutions, namely attitudinal, environmental factors, lack of cooperation from state governments and the limits of criminal law. I argue that the objectives of using criminal prosecution to reestablish social equilibrium and promote reconciliation though laudable and rhetorically inspiring are simply unattainable. International criminal prosecutions reignite painful memories of colonialism, exacerbate existing hatreds and …

Limitazioni Statutarie Alla Cessione Di Partecipazioni Di S.R.L.: Un Confronto Col Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

What Weyerhaeuser Suggests For Punitive Damages, Nickolai G. Levin

Nickolai G. Levin

In Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 127 U.S. 1069 (2007), the Supreme Court addressed the antitrust claim of “predatory bidding”—i.e., that a manufacturer paid too much for an “input.” Although the Ninth Circuit allowed predatory-bidding liability to be based on the jury’s subjective estimation that the defendant paid more than “necessary” for an input, the Supreme Court reversed, holding that the objective, two-part “predatory pricing” test from Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993), should govern predatory-bidding claims instead. Otherwise, the Court explained, there would be a serious risk of chilling procompetitive …

Large-Scale Disasters Attacking The American Dream: How To Protect And Empower Homeowners And Lenders, Matthew D. Ekins

Matthew D Ekins

The 2005 hurricane season reminded the world that such catastrophes can and do occur anywhere at anytime. Recovery efforts continue long after tides recede and after-shocks cease. In the context of Hurricane Katrina, this article examines the homeowner-lender relationship to determine risks natural disasters pose to the mortgage industry, likely repercussions a fallout in the mortgage industry may have on the health of the general economy, and what preventative steps have been and may be taken to prevent further economic suffering in a post-catastrophe environment.

L'Azione Revocatoria Internazionale Fra Giurisdizione E Legge Applicabile, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.