Law Commons^™

Comparative Law: Global Legal Traditions For The 21st Century, Michael Bazyler, Abdullahi Al-Naim, Russell Miller, Peter Yu

Peter K. Yu

No abstract provided.

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …

Lobbying:The Italian Regulatory Framework Under The Comparative Perspective, Andrea Bortoluzzi

Andrea Bortoluzzi

The intention of the Author is to examine all the rules that the Italian legal system imposes on lobbying, in part for the purpose of limiting certain lobbying practices and in part to promote access to public decision-makers by establishing the requirement for transparency and trustworthiness in the relations between the lobbyist and the decision-maker. Lobbying is heavily dependent on the opportunities for the lobbyist to access the public decision-maker. The issue of access, however, viewed in terms of lobbying, relates not to the right to know the content of administrative documents but to the right to provide information to …

The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino

Marta Infantino

Global indicators on human rights (HRs) aim to measure HRs scores against HRs standards. In other words, they aim to measure legal phenomena against legal benchmarks.

Despite HRs indicators’ reliance on legal knowledge, lawyers have so far neither made substantial contributions to their production, nor studied in depth the legal implications of their uses. The current state-of-the-art in the world of HRs indicators is the result of an ongoing process led by bureaucrats, economists, statisticians, and activists with limited legal training. It is these actors who are developing a new body of professional knowledge, and a new technology of governance …

Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith

Law Faculty Publications

No abstract provided.

Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

No abstract provided.

New Owners And Old Managers: Lessons From The Socialist Camp, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Foreword: Looking Back, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Extension Of Parent Company Shareholders' Rights To Participate In The Governance Of Subsidiaries, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Rudolf B. Schlesinger - A Tribute, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder

David Snyder

This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and …

Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School

Brigham-Kanner Property Rights Journal

Comparative Property Rights

October 14-15, 2011

Panel 1: Legal Protection of Property Rights: A Comparative Look

Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions

Panel 3: Property as an Instrument of Social Policy

Panel 4: Culture and Property

Panel 5: Property as an Economic Institution

Panel 6: Property Rights and the Environment

The Reality Of Eu-Conformity Review In France, Juscelino F. Colares

College of Law - Faculty Scholarship

French High Courts embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU-conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes. These Courts' uniformly high rates of EU …

G.Delledonne-G.Martinico (Eds), Exploring Subnational Constitutionalism, Giuseppe Martinico, Giacomo Delledonne

Giuseppe Martinico

This special issue of the journal is entirely devoted to subnational constitutionalism. To do so, it tries to adopt a comparative and nterdisciplinary perspective and to identify constitutional patterns in those federal or regional contexts where subnational polities do not have a legal document formally called “constitution”. Some contributions have a national focus (on Belgium, Spain, Germany, Argentina, Ethiopia, and Macao). Other pieces, instead, consider the phenomenon from a comparative perspective, focusing on the external relations of subnational polities, the distinctive aspects of legislatures and legislative power at this institutional level, and the role of ordinary and constitutional judges.

Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain

UF Law Faculty Publications

The CISG (Convention on Contracts for the International Sale of Goods) has remarkably facilitated commercial transactions across boundaries and different legal systems. This article, to be published as a Book Chapter, discusses some possible difficulties caused by using different languages, or words which might be interpreted differently, and some solutions and ways to deal with these difficulties. Three kinds of issues have appeared: the first has to do with drafting issues, and the peculiar problem of the six official languages of the Convention. The second set of issues deals with the interpretation of the Convention and the so-called homeward trend. …

"Dignitizing" Free Speech In Israel: The Impact Of The Constitutional Revolution On Free Speech Protection, Guy E. Carmi

Guy E Carmi

This Article examines the changes in the approach to the analysis of free speech rights in Israel. It demonstrates the growing shift from the American liberty-based influence in the 1980s to a more dignity-based, and principally Canadian- and German-inspired, model following the adoption of the partial Bill of Rights in the 1990s. This is demonstrated both by a statistical analysis of the Israeli Supreme Court free speech rulings in the past thirty years and by a substantive analysis of recent rulings in the areas of prior restraint, pornography, and libel.

The statistical findings demonstrate that while human dignity rarely played …

Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam

Book Chapters

In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …

The Aftermath Of Abusive Adoption Practices In The Lives Of Adoption Triad Members: Responding To Adoption Triad Members Victimized By Abusive Adoption Practices, David M. Smolin, Desiree L. Smolin

David M. Smolin

The above-titled presentation was given as a plenary presentation at the Annual Symposium of the Joint Council on International Children’s Services (JCICS) on April 18, 2012. Herein is a slightly modified version of the Power Point used at the presentation. We corrected some typos and made some editorial adjustments, but this is 99% the same as what was used at the presentation. Unfortunately the event itself was not taped.

It is important to note that the original context for this presentation is Intercountry Adoption to the United States. However, some of you may find some of these points relevant to …

Lack Of Judicial Independence And Its Impact On Transnational And International Litigation, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about the impact of lack of judicial independence in different areas of transnational and international litigation, such as enforcement of foreign judgement and investment disputes.

Ezra Bronstein: In Defense Of The “Better Bailout,” A Heter-Iska Comparison, Ezra Bronstein

Ezra Bronstein

No abstract provided.

Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene

Schmooze 'tickets'

No abstract provided.

Equality Qua Equality: A Comparative Critique Of The Tiers Of U.S. Equal Protection Doctrine, Lorenzo Di Silvio

Lorenzo Di Silvio

On February 23, 2011, the Obama Administration announced that it would no longer defend the constitutionality of the Defense of Marriage Act. Of great significance in this announcement was the Administration’s position that classifications on the basis of sexual orientation warrant heightened judicial scrutiny. Notwithstanding this announcement, the level of review applied to sexual-orientation classifications—and the manner in which a court determines whether a particular type of classification deserves more searching review—is an open question, the answer to which typically dictates the outcome of challenges to government classifications. Apart from this outcome determinativeness, affording heightened scrutiny to some classifications but …

The Impact Of The Civil Jury On American Tort Law, Michael D. Green

Pepperdine Law Review

This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.

What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen

Pepperdine Law Review

No abstract provided.

Searching For United States Tort Law In The Antipodes, Peter Cane

Pepperdine Law Review

No abstract provided.

American Tort Law: Shining Beacon?, Allen Linden

Pepperdine Law Review

No abstract provided.

The Effect Of Military Conquest On Private Ownership: Jewish And Islamic Law, Amal Mohamad Jabareen, Israel Zvi Gilat

Amal Mohamad Jabareen

This article presents the legal outlooks of two fundamental religious judicial systems – Jewish (Halakha) and Muslim (Shari'a) – on the effect of war on private ownership. To be precise, this is when the conquered inhabitants are Jews or Muslims and halakhah or shari’a are their religion, respectively, but the conqueror is a non-believer or secular sovereign. Such situations evoke the following questions: To what extent the transfer of ownership by the conquering sovereign is recognized by the religious laws of the conquered population? May a member of the conquered religion acquire property that was seized by the non-believer sovereign …

Comparing Legal Argument, Jacco Bomhoff

Jacco Bomhoff

Extracts from a contribution setting out a methodological framework for the comparison of different forms of legal argument across different legal systems.

The full text of this chapter can be found in Adams & Bomhoff, Practice and Theory in Comparative Law (Cambridge University Press, 2012)

Государственная Власть И Местное Самоуправление В Израиле, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In the article features of the government and local self-government in Israel are considered. The urgency of their studying is caused by that in this country there is no Constitution in the form of the consolidated act that pulls together it with English State-legal tradition. The democratic political mode has affirmed as Israel, elections in authorities were never cancelled. The parliamentary form of government has predetermined legal status and the competence of the President of the State, the Knesset and the Government. The local self-government system promotes the statement of democratic principles of the Israeli society

Политические Процессы В Регионе Ближнего И Среднего Востока, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Studying of political processes in the countries of the Middle East represents considerable interest because the given region is near to southern borders of Russia, other Post-Soviet countries and should mention their political, economic and humanitarian interests. In a number of the region countries there are astable political modes (Iraq, Afghanistan, etc.), their constitutional development is braked and is affected by system of the international sanctions (the United Nations, the European Union) or State Law of the leading states of the West. On political development of some the countries (Islamic Republic Iran, the Lebanese Republic, Algeria, etc.) essential if not …