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Articles 1 - 29 of 29
Full-Text Articles in Law
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
Hugh J. Ault
This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and economic background of legal rules and their consequences through clinical legal education, which attempts to provide a real or …
The Triumph And Tragedy Of Tobacco Control: A Tale Of Nine Nations, Eric A. Feldman, Ronald Bayer
The Triumph And Tragedy Of Tobacco Control: A Tale Of Nine Nations, Eric A. Feldman, Ronald Bayer
All Faculty Scholarship
The use of law and policy to limit tobacco consumption illustrates one of the greatest triumphs of public health in the late twentieth and early twenty-first centuries, as well as one of its most fundamental failures. Overall decreases in tobacco consumption throughout the developed world represent millions of saved lives and unquantifiable suffering averted. Yet those benefits have not been equally distributed. The poor and the undereducated have enjoyed fewer of the gains. In this review, we build on existing tobacco control scholarship and expand it both conceptually and comparatively. Our focus is the social gradient of smoking both within …
Child Support For Adult Children, Margaret Ryznar
Child Support For Adult Children, Margaret Ryznar
Margaret Ryznar
Although family law requires parents to support their minor children, the question of post-majority support—or child support for adult children—is entirely different. Some states permit this type of child support, while others do not. Those affected by this divergence in approaches include college students, unemployed people, disabled people, and of course, their parents—at a time of financial difficulty for many. The approach of each jurisdiction to this issue rests on whether the family is viewed as a social support system and whether intergenerational obligations exist. To help analyze these questions, this Article uses a comparative approach, considering the relevant law …
Vietnam, China, And The United States: The Regulatory Framework Of Mining Pollution And Water Quality, Heather Whitney
Vietnam, China, And The United States: The Regulatory Framework Of Mining Pollution And Water Quality, Heather Whitney
Heather Whitney
This paper compares the environmental, mining, and water quality policy and regulatory framework of three countries: Vietnam, China, and the United States. There are many similarities between China and Vietnam’s legal framework and environmental protection mechanisms, by virtue of the fact that they are both socialist countries, both authoritarian governments, and both in the midst of an industrial revolution. The United States intersects in some areas of water quality standards and technological controls of effluents with both countries, as well as certain enforcement measures. This is true especially in China, where the EPA has actively consulted the Chinese government in …
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Samuel J. Levine
In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …
Exploring The Role Of Legitimacy And Identity In Framing Responses To Global Reforms In Socialist Transforming Asia, John S. Gillespie
Exploring The Role Of Legitimacy And Identity In Framing Responses To Global Reforms In Socialist Transforming Asia, John S. Gillespie
John S Gillespie
Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia John Gillespie Abstract A bourgeoning literature about socialist transforming Asia (China and Vietnam) shows that economic development is possible without fully functioning legal systems based on laws and institutions derived from North America and Europe. What is less clear is whether over time the regulatory systems in these countries will evolve toward more economically efficient globalized forms of Western governance, as some commentators suggest, or follow a more complex pattern of convergence and divergence. This article advances the debate by investigating the …
Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw
Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw
Cheng L Saw
Lawyers in the Commonwealth are all too familiar with the common law action in passing off, which has been described as “the oldest of the modern legal regimes for the protection of trade symbols”. To bring an action in passing off, a claimant must establish the “classical trinity”: goodwill, misrepresentation and damage. The subject under discussion in this article, however, relates principally to the first of these elements (i.e. goodwill), and, more specifically, addresses the question as to whether a foreign trader, who may not be carrying on business in the jurisdiction, can nevertheless assert that he enjoys goodwill therein. …
Does Mass Product Tort Litigation Facilitate Or Hinder Social Legislative Reform? A Comparative Study Of Tobacco Regulation, Jeffrey S. Quinn
Does Mass Product Tort Litigation Facilitate Or Hinder Social Legislative Reform? A Comparative Study Of Tobacco Regulation, Jeffrey S. Quinn
Jeffrey S Quinn
This Article, Does Mass Product Tort Litigation Facilitate or Hinder Social Legislative Reform? A Comparative Study of Tobacco Regulation, analyzes the competing arguments for and against the use of tort litigation as a means of creating social reform. The value of current scholarship is limited because authors frequently allow their biases to influence their conclusions. Authors in favor of public health reform argue in favor of using tort litigation to create social reform, while authors in favor of a strict separation of powers approach argue against using tort litigation to create social reform. This Article, however, synthesizes the scholarly debate …
How Securities Regulation Really Works: A Comparative Study Of The Regulatory, Principled, And Normative Reputational Approaches To Securities Regulation, Amy Aiq
Amy Wall
This paper compares international securities regulation through the lens of a structural and historical analysis. The regulatory, principled and normative reputational models of securities regulation as exemplified by the U.S., U.K. and China are discussed. A discussion of the foundations of securities markets lays the groundwork for understanding different underlying purposes of securities regulation. The paper follows the development of securities markets from the roots of the 17th century European trading companies, through the statist polices that created the bond markets, to the transatlantic crossing and the development of the investment banking system and creation of governmental agencies enforcing securities …
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola C. Menaldo
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola C. Menaldo
Nicola C. Menaldo
This paper attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile – a history of dictatorship, an information technology revolution, and strong trade with the European Union – its data protection laws are in fact very weak. What explains this apparent disconnect? This paper challenges the conventional wisdom: that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …
Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford
Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford
Scott Shackelford
Over a century after Warren and Brandeis first presented the right to U.S. jurists for their consideration, privacy has become a central player in U.S. law. But nations around the world, in particular the common and civil law nations of Europe that share similar legal cultures with the United States, are grappling with how best to strike a balance between the competing rights of privacy and freedom of expression—both of which are critical to the functioning of democratic society. Existing literature has not fully drawn from this reservoir of international experience to inform the debate about U.S. privacy rights. This …
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Craig Martin
This article develops an argument for increased constitutional control over the decision to use armed force or engage in armed conflict, as a means of reducing the incidence of illegitimate armed conflict. In particular, the Model would involve three elements: a process-based constitutional incorporation of the principles of international law relating to the use of force (the jus ad bellum regime); a constitutional requirement that the legislature approve any use of force rising above a de minimus level; and an explicit provision for limited judicial review of the decision-making process. The Model is not designed with any one country in …
Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary L. Clark
Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary L. Clark
Louisiana Law Review
No abstract provided.
A Pluralist Approach To Mixed Jurisdictions, Mauro Bussani
A Pluralist Approach To Mixed Jurisdictions, Mauro Bussani
Mauro Bussani
The paper claims that ‘mixity’ is an inherent quality of almost any legal systems, and not only of those that, for historical reasons, inherited legal features from the civil and common law traditions. From this ‘pluralistic’ point of view, all the experiences where Western legal models interact among themselves, or with religious, indigenous or customary laws, deserve to be included into the ‘mixed’ category. Such an approach reveals itself as a powerful cognitive tool to advance comparative knowledge about legal systems. In particular, it enables one to better understand: (a) the dynamism of any given legal system – be it …
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte J. Clark Dr
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte J. Clark Dr
Brigitte J Clark Dr
Internationally, donor-conceived children’s rights to know their biological origins have been recognised to some extent by the jurisprudence of the European Court of Human Rights (ECHR). With the drafting of the Article 7 (1) of the United Nations Convention on the Rights of the Child (UNCRC), as supplemented by Article 8, such children’s rights to know their biological origins whist they are children, and not only later as adults, were acknowledged for the first time, though not explicitly. Anonymous sperm donation is now banned in eleven jurisdictions, including Sweden and England and Wales. By contrast, France still does not expressly …
All Things In Proportion - American Rights Review And The Problem Of Balancing, Jud Mathews, Alec Stone Sweet
All Things In Proportion - American Rights Review And The Problem Of Balancing, Jud Mathews, Alec Stone Sweet
Journal Articles
This paper describes and evaluates the evolution of rights doctrines in the United States, focusing on the problem of balancing as a mode of rights adjudication. In the current Supreme Court, deep conflict over whether, when, and how courts balance is omnipresent. Elsewhere, we find that the world’s most powerful constitutional courts have embraced a stable, analytical procedure for balancing, known as proportionality. Today, proportionality analysis (PA) constitutes the defining doctrinal core of a transnational, rights-based constitutionalism. This Article critically examines alleged American exceptionalism, from the standpoint of comparative constitutional law and practice. Part II provides an overview of how …
"Consumer Choice" Is Where We Are All Going - So Let's Go Together, Neil W. Averitt, Robert H. Lande, Paul Nihoul
"Consumer Choice" Is Where We Are All Going - So Let's Go Together, Neil W. Averitt, Robert H. Lande, Paul Nihoul
All Faculty Scholarship
Globalisation of business makes it important for firms to predict how their behaviour is likely to be treated in the roughly 200 nations that have competition laws. In that context, a crucial question is: are we in a position to develop a common intellectual framework that would give coherence to policy statements made on specific competition related issues and, at the same time, be acceptable, broadly, in a variety of legal systems, not necessarily based on identical assumptions? We believe that the answer is “yes.” A concept is emerging as a possible source of unification for competition policies around the …
Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome
Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome
American University International Law Review
No abstract provided.
Why Take Private Law Seriously In Africa?, Sylvia Wairimu Kang'ara
Why Take Private Law Seriously In Africa?, Sylvia Wairimu Kang'ara
American University International Law Review
No abstract provided.
Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke
Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke
Book Chapters
No abstract provided.
Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli, Irene Calboli
Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli, Irene Calboli
Santa Clara Law Review
No abstract provided.
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Articles by Maurer Faculty
No abstract provided.
Reflections, Asil Newsletter, William James Adams, Susam Baer, Lee C. Bollinger, Jacques Bourgeois, David D. Caron, Roger C. Cramton, Tomas Dumbrovsky, Claus-Dieter Ehlermann, Rosalyn Higgins, Nicholas Calcina Howson, Jon Henry Kouba, Panos Koutrakos, Peter Kresák, Hans Christian Krüger, Jeffrey S. Lehman, Pierre Mathijsen, William I. Miller, John A.E. Pottow, Li Qian, John Reitz, Gerald M. Rosberg, Joseph L. Sax, Detlev Vagts, Michel Waelbroeck, John M. Walker
Reflections, Asil Newsletter, William James Adams, Susam Baer, Lee C. Bollinger, Jacques Bourgeois, David D. Caron, Roger C. Cramton, Tomas Dumbrovsky, Claus-Dieter Ehlermann, Rosalyn Higgins, Nicholas Calcina Howson, Jon Henry Kouba, Panos Koutrakos, Peter Kresák, Hans Christian Krüger, Jeffrey S. Lehman, Pierre Mathijsen, William I. Miller, John A.E. Pottow, Li Qian, John Reitz, Gerald M. Rosberg, Joseph L. Sax, Detlev Vagts, Michel Waelbroeck, John M. Walker
Faculty Scholarship
The American Society of International Law Committee recommended that the Manley 0. Hudson Medal be awarded to Professor Eric Stein for his lifetime of significant contributions to international and comparative law. Stein, the Hessel E. Yntema Professor of Law, Emeritus, at the University of Michigan Law School, had been an active supporter of ASIL as Honorary Vice President, Counsellor, and Honorary Editor of, and frequent contributor to, the American Journal of International Law. His many books and articles established him as a leading thinker and writer on European Community law and on what he described in a famous article …
Comparative Law: Problems And Prospects, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V. Snyder, Elizabeth Zoller
Comparative Law: Problems And Prospects, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V. Snyder, Elizabeth Zoller
Faculty Scholarship
The following is an edited transcript of the closing plenary session of the XVIIIth International Congress of Comparative Law. The session took place on Saturday, July 31, 2010, in Washington, D.C., at the conclusion of the week-long congress, which is held quadrennially by the International Academy of Comparative Law (Académie Internationale de Droit Comparé). The remarks were given in a mix of French and English, but for ease of reading the transcript below is almost entirely in English.
Participatory Law And Development: Remapping The Locus Of Authority, Maggi Carfield
Participatory Law And Development: Remapping The Locus Of Authority, Maggi Carfield
University of Colorado Law Review
Participatory Law and Development: Remapping the Locus of Authority argues that law and development efforts have been ineffective, at least in part, because development agencies have failed to engage communities in the process of both setting agendas and instituting programs and policies. This work argues that there must be a fundamental shift in the law and international development paradigm. Scholars and practitioners must abandon the question, how can "we" change "them" and instead begin by asking a different question: in what ways, if any, does a community want to change the rules it operates by and how can external actors …
‘Nothing But Wind’? The Past And Future Of Comparative Corporate Governance, Donald C. Clarke
‘Nothing But Wind’? The Past And Future Of Comparative Corporate Governance, Donald C. Clarke
GW Law Faculty Publications & Other Works
Corporate law scholarship has come a long way since Bayless Manning some four decades ago famously pronounced it dead. Not only has doctrinal scholarship continued its project of critique and rationalization, but empirical and economic approaches have injected new life into the field.
Recent years have seen the rise of comparative corporate governance (CCG) as an increasingly mainstream approach within the world of corporate governance studies. This is a function partly of an increasing international orientation on the part of legal scholars and partly of an increasingly empirical turn in corporate law scholarship generally. Different practices in other jurisdictions present …
Present At The Resurrection: Islamic Finance And Islamic Law, Haider Ala Hamoudi
Present At The Resurrection: Islamic Finance And Islamic Law, Haider Ala Hamoudi
Articles
This short paper summarizes an extremely stimulating plenary session, held at the XVIIIth Congress of the International Academy of Comparative Law in Washington DC, dealing specifically with the topic of Islamic finance. The speakers were three renowned leaders in the field. Specifically, they were Kilian Balz, a partner at Amereller who has both practiced extensively in the field, and written about it while at the Harvard Islamic Legal Studies Program at Harvard Law School, Frank Vogel, coauthor of a leading book on Islamic finance and former director of the Islamic Legal Studies Program, and Mahmoud El Gamal, a prolific writer …
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Public And Private Justice: Redressing Health Care Harm In Japan, Robert B. Leflar
Robert B Leflar
Japanese legal structures addressing health care-related deaths and injuries rely more on public law institutions and rules than do the common-law North American jurisdictions, where private law adjudication is predominant. This article explores four developments in 21st-century Japanese health care law. The first two are in the public law sphere: criminal prosecutions of health care personnel accused of medical errors, and a health ministry-sponsored “Model Project” to analyze medical-practice-associated deaths. The article addresses a private law innovation: health care divisions of trial courts in several metropolitan areas. Finally, the article introduces Japan’s new no-fault program for compensating birth-related obstetrical injuries. …
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.