Law Commons^™

Introduction To Law And Economic Development In Latin America: A Comparative Approach To Legal Reform, Thomas H. Hill

Chicago-Kent Law Review

No abstract provided.

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

University of Miami Inter-American Law Review

No abstract provided.

Executive Fraud And Canada's Regulation Of Executive Compensation, Bo James Howell

University of Miami Inter-American Law Review

No abstract provided.

Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner

All Faculty Scholarship

This paper addresses the importance of comparative legal methods for study of comparative procedure.

A Cross-Atlantic Dialog On Experimental Use And Research Tools, Joshua Sarnoff, Henrik Holzapfel

College of Law Faculty

In Merck KGaA v. Integra LifeSciences I Ltd., the U.S. Supreme Court adopted a broad construction of the regulatory approval exception to patent law infringement, 35 U.S.C. § 271(e)(1), for experiments conducted at early stages of the pharmaceutical development process. But the Court refused to determine whether that exception applies to patented “research tools,” and failed to address the relationship of that exception to the historic experimental use exception. The U.S. Court of Appeals for the Federal Circuit has narrowly construed the experimental use exception, but also refused in its recent decision on remand in Merck to resolve these questions, …

Forensic Dna Phenotyping: Regulatory Issues, Bert-Jaap Koops, Maurice Schellekens

Bert-Jaap Koops

Forensic DNA phenotyping is an interesting new investigation method: crime-scene DNA is analyzed to compose a description of the unknown suspect, including external and behavioral features, geographic origin and perhaps surname. This method is allowed in some countries but prohibited in a few others. Most countries have not yet taken a stance on this. This article addresses the question to what extent this investigation method should be allowed. The relevant regulatory issues are analyzed: the right of people not to know what their DNA tells about propensities for diseases or other propensities, data protection and privacy, stigmatization and discrimination, and …

Comparative Perspectives On Property Rights: The Right To Exclude, Jerry L. Anderson

Jerry L. Anderson

A comparative perspective can help students understand that the bundle of rights we call "property" can be allocated in a variety of ways, in order to serve societal interests. This article examines two variations on the right to exclude, which the American Supreme Court has declared to be "essential" to property ownership. Laotian hunting rights allow public access to private lands, clearly violating the right to exclude but providing important public benefits. Likewise, the right to roam in Britain qualifies the right to exclude to allow public hiking on private land. These examples help students realize that property rights represent …

Opening Remarks, Olivier Moreteau

Louisiana Law Review

No abstract provided.

A Global Concept Of Justice - Dream Or Nightmare? Looking At Different Concepts Of Justice Or Righteousness Competing In Today's World, Stathis Banakas

Louisiana Law Review

No abstract provided.

What Kind Of Law Making In A Global World? The Case Of Africa, Jacques Vanderlinden

Louisiana Law Review

No abstract provided.

When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley

Louisiana Law Review

No abstract provided.

Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.

Unitary Law Re-Form, Pluralistic Law Re-Substance: Illuminating Legal Change, Roderick A. Macdonald

Louisiana Law Review

No abstract provided.

Development Of A New Legal System In The People's Republic Of China, Volker Behr

Louisiana Law Review

No abstract provided.

Law Making In The European Union: On Globalization And Contract Law In Divergent Legal Cultures, Jan M. Smits

Louisiana Law Review

No abstract provided.

Mixed Legal Systems... And The Myth Of Pure Laws, Vernon Valentine Palmer

Louisiana Law Review

No abstract provided.

Closing Remarks, Saúl Litvinoff

Louisiana Law Review

No abstract provided.

Post Scriptum To Law Making In A Global World: From Human Rights To A Law Of Mankind, Olivier Moreteau

Louisiana Law Review

No abstract provided.

Consumer Protection And Social Methods Of Continental And Anglo-American Contract Law And The Transnational Outlook, Andreas Maurer

Indiana Journal of Global Legal Studies

Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals related to equality between private parties, and a deep distrust of state intervention and market regulation. With the rise of private sources for transnational commercial standards and practices, there is an opportunity for states to facilitate selfregulation in lieu of producing public substantive regulations. This approach seems to satisfy a well-established need for consumer protection without exacerbating government intervention in …

Changing Contract Lenses: Unexpected Supervening Events In English, New Zealand, U.S., Japanese, And International Sales Law And Practice, Luke Nottage

Indiana Journal of Global Legal Studies

This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic formality to identify another important contrast between the laws of these countries. It also discusses how CISG and UPICC fit in to this spectrum. The article concludes by questioning "strong convergence" theory in commercial law worldwide.

Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006

Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz

Osgoode Hall Law Journal

The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine

Daniel H. Erskine

Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring the …

Reflections On Transatlantic Approaches To International Law, John B. Bellinger Iii

Duke Journal of Comparative & International Law

No abstract provided.

Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner

All Faculty Scholarship

Americans are resigned to a high level of legal indeterminacy. This Article shows that Europeans do not accept legal indeterminacy and instead have made legal certainty a general principle of their law. This Article uses the example of the German legal system to show how German legal methods strive to realize this general European principle. It suggests that these methods are opportunities for Americans to develop their own system to reduce legal indeterminacy and to increase legal certainty.

بدايــة النهايــة: أثــر ظهــور مجالـس تسويــة المنازعــات على اضمحـلال الـدور شبـه التحكيمـي للمهنـدس الاستشـاري فـي عقـد الفيديـك لمقـاولات أعمـال الهندسـة المدنيـة - دراسة في آليات المنازعات العقدية وفقا ً لتعديلات الإصدار الأخير من عقد الفيديك, Mashael Alhajeri

Mashael Alhajeri

Beginning of the End: Introduction of Dispute Adjudication Boards (DABs) and the Demise of Engineer’s Quasi-Arbitral Role under the FIDIC Form of Contract: A Study in Contractual Dispute Mechanisms according to the Amendments Introduced by FIDIC’s Latest Edition

Alhajeri, Mashael A.

This research paper presents a detailed insight into the Dispute Adjudication Boards system as method of resolving contractual disputes in civil engineering contracts, introduced by the International Federation of Consulting Engineers (FIDIC), through the amendments made to the latest edition of its model contract.

The paper argues that the immediate effect of adopting this system is the restriction of …

The Lawfulness Of Criticizing Big Business: Comparing Approaches To The Balancing Of Societal Interests Behind Trademark Protection, Katja G. Weckstroem

Katja G Weckstroem

Today, third parties that have not traditionally been subject to trademark law increasingly find themselves as defendants in trademark infringement law suits. Whether the culprit or not, strong international trademark protection has unevenly influenced national trademark regulation and the lack of emphasis and clear reference to limits on the acquired right have left courts struggling with how to balance conflicting interests in the use of marks. This note goes back to the source, i.e. international trademark law, in an attempt to locate the limits of trademark law, expressed or implied, and ascertain whether there exists a common understanding of when …

Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor

Tamara Lothian

No abstract provided.

Adult Rights As The Achilles’ Heel Of The Best Interests Standard: Lessons In Family Law From Across The Pond, Margaret Ryznar

Margaret Ryznar

Family law litigants have long searched for permutations of constitutional principles that gain access to federal courts. Typically, such litigants have been most successful with due process and equal protection arguments—even at the expense of the venerable “best interests of the child” standard in child-related cases. One legal system currently wrestling with this familiar clash between the interests of children and adults is that of England—where adults are armed with the rights granted by the Human Rights Act 1998, while children’s interests are given preference in an earlier act, the Children Act 1989. England’s strategy in dealing with this conflict …

Orient Express Law, Mauro Bussani

Mauro Bussani

For comparativists, the ‘Europeanization’ of tort law raises a plethora of questions with no clear right or wrong answer. Is European tort law going to be molded by a common law and civil law convergence? Is there an Americanization of European tort law going on? Should comparative law be forward-looking and trying to build European tort law on new bricks, or should it be backward looking, struggling to find evidence of a common past to be restored? While it is beyond the scope of the contribution to offer a definite answer to all these questions, the paper aims to clarify …

European Tort Law – A Way Forward, Mauro Bussani

Mauro Bussani

In the last years, there have been growing efforts of building a common European tort law. Leaving aside any positive or negative bias vis-à-vis the reasons underpinning these efforts, the paper aims to highlights the overall implications of reframing this field of law, implications that are often forgotten, or undernoted in the debate about the harmonization of European laws of tort. In particular, the paper points out the problems that any integrative enterprise focusing on this field may face, and sketches the possible outcomes that such enterprises are likely to produce in both the short and the long run.