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Articles 9241 - 9270 of 13733

Full-Text Articles in Comparative and Foreign Law

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii Jan 2003

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii

Richmond Journal of Global Law & Business

The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.

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Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan Jan 2003

Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan

Washington International Law Journal

The Tampa case does not stand in isolation. It is part of a wider pattern of restrictive asylum policies. To fully understand the significance of the Tampa case, one should go back more than two decades to the exodus of the Vietnamese boat people. Then, as now, boatloads of asylum seekers were pushed away, and refugees were detained on small islands, including, for example, Galang Island in Indonesia. Then, as now, many asylum seekers drowned as their calls of distress went unnoticed or unheeded. In response to this exodus, asylum, as a permanent solution to refugee problems, was diminished with …

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Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill Jan 2003

Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill

Washington International Law Journal

[G]overnments throughout the world have tried to avoid dealing with the difficult questions raised by refugee and related movements. One method is to seek to redefine the problem as one not involving obligation or responsibility. Some governments also use the law in an attempt to limit the scope of their obligations. Another technique . . . is to engage in an exercise of extra-territorial jurisdiction . . . and to seek to justify that practice on the ground that somehow obligations towards refugees need not be observed. States have also tried detention, discriminatory treatment, and denial of other human rights …

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Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong Jan 2003

Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong

Washington International Law Journal

The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.

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In The Wake Of The Tampa: Conflicting Visions Of International Refugee Law In The Management Of Refugee Flows, Mary Crock Jan 2003

In The Wake Of The Tampa: Conflicting Visions Of International Refugee Law In The Management Of Refugee Flows, Mary Crock

Washington International Law Journal

The Australian Government's decision in August 2001 to close its doors to a maritime Good Samaritan, Norwegian Captain Rinnan, his crew, and 433 Afghan and Iraqi rescuees, provided a curious contrast to the image of humanity, generosity, and openness that Australia tried so hard to foster during the 2000 Olympic Games in Sydney. Victims or villains according to how the facts and the law are characterized, the MI/V Tampa rescuers represented for lawyers the intersection of a variety of areas of law and a clash of legal principles. The ambiguities in both international and state law pertaining to asylum seekers …

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Introduction To The Refugee Law Forum, Joan Fitzpatrick Jan 2003

Introduction To The Refugee Law Forum, Joan Fitzpatrick

Washington International Law Journal

The ripple effects on refugee protection from the events of August and September 2001, arising out of the rescue at sea of 433 asylum seekers by the M/V Tampa, have been substantial. It is too early to determine whether they will be as profound and as corrosive as the impact of the terrorist attacks of September 11, 2001 on other intemational legal norms, including those relating to preventive detention and to "securitizing international migration."' Australia's actions with respect to the Tampa and subsequent intercepted vessels, and its September 2001 legislation, establish a framework in which asylum seekers who arrive …

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The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee Jan 2003

The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee

Washington International Law Journal

Australia's Migration Act explicitly permits the government to detain non-citizens seeking entry without visas, including those who request asylum. Detainees wait up to five years for their immigration claims to be processed in detention centers managed by Australasian Correctional Management ("ACM"), a subsidiary of U.S. corporation Wackenhut Corrections. Arriving asylum-seekers often suffer the lasting effects of torture, threats of death, and other traumatic conditions-effects that are exacerbated by detention conditions. This Comment emphasizes detention's effects on children, who suffer health and other problems while detained. Detainees, Australian citizens, and overseas commentators are now protesting against the detention policy. The government's …

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Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski Jan 2003

Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Commentators have often suggested that Latin American countries incorporate more features of parliamentary systems or experiment with "mixed" models of governance. This article presents arguments that such a recommendation should be carefully analyzed. First, the article demonstrates that, since the early stages of post-colonial history, the Latin American states modified U.S. presidentialism. The states have already experimented with many features of a parliamentary system, adopted a model of judicial review which was an amalgam of several well-known models, and wrestled with their own ethnic, cultural and legal problems not linked to the U.S. system of governance. Second, the article examines …

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Terrorism, A History: Stage One, Sharon Harzenski Jan 2003

Terrorism, A History: Stage One, Sharon Harzenski

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton Jan 2003

America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman Jan 2003

Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva Jan 2003

Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Council Of Europe Convention On Cybercrime, Mike Keyser Jan 2003

The Council Of Europe Convention On Cybercrime, Mike Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Mexican Environmental Law: Enforcement And Public Participation Since The Signing Of Nafta's Environmental Cooperation Agreement, Christopher N. Behre Jan 2003

Mexican Environmental Law: Enforcement And Public Participation Since The Signing Of Nafta's Environmental Cooperation Agreement, Christopher N. Behre

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Time Warp To 1945 -- Resurrection Of The Reprisal And Anticipatory Self-Defense Doctrines In International Law, Michael J. Kelly Jan 2003

Time Warp To 1945 -- Resurrection Of The Reprisal And Anticipatory Self-Defense Doctrines In International Law, Michael J. Kelly

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan Jan 2003

Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Eu Competency Confusion: Limits, "Extension Mechanisms," Split Power, Subsidiarity, And "Institutional Clashes", Peter Orebech Jan 2003

The Eu Competency Confusion: Limits, "Extension Mechanisms," Split Power, Subsidiarity, And "Institutional Clashes", Peter Orebech

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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How Long Must One Stay In The Usvi To Be Considered A "Resident" To Qualify For The 90% Residency Tax Credit?, Beckett G. Cantley Jan 2003

How Long Must One Stay In The Usvi To Be Considered A "Resident" To Qualify For The 90% Residency Tax Credit?, Beckett G. Cantley

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent Jan 2003

"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee Jan 2003

Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Constitutional Constraints On The International Law-Making Power Of The Federal Courts, Jason Jarvis Jan 2003

Constitutional Constraints On The International Law-Making Power Of The Federal Courts, Jason Jarvis

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Realpolitik Of Empire, Tikkun A. S. Gottschalk Jan 2003

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett Jan 2003

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …

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Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2003

Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

Ethics scholars have documented the increasingly legislative form of twentieth-century ethics regulations, culminating in the enactment and widespread adoption of the Model Rules of Professional Conduct. Nevertheless, pointing to the presence of broad ethics provisions, a number of leading scholars have questioned the extent to which ethics codes can accurately be conceptualized as a form of legislation. Responding to these critiques, Levine aims to take seriously both the legislative form of ethics codes and their interpretation. Toward that aim, he looks to interpretive methodologies employed in American constitutional law and Jewish law to provide both descriptive and normative models for …

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Envisioning A Global Legal Culture, Charles H. Koch Jr. Jan 2003

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Michigan Journal of International Law

To encourage all, but particularly U.S., lawyers to think about transformation of the law, this Article will envision a global legal regime. The purpose is more reflective than predictive. Nominally, the Article has three parts. The first Part offers an overview description of the emerging supranational legal institutions and the major forces moving them. The next Part will outline civil law legal concepts and provide background for common law readers. To further the goal of this Article, it will do so as it suggests some issues that will arise as the civil law system is incorporated into the global legal …

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Ending Marriage As We Know It, Nancy Polikoff Jan 2003

Ending Marriage As We Know It, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg Jan 2003

The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg

Faculty Scholarship

In contemporary debates over copyright, the figure of the author is too-often absent. As a result, these discussions tend to lose sight of copyright's role in fostering creativity. I believe that refocussing discussion on authors – the constitutional subjects of copyright – should restore a proper perspective on copyright law, as a system designed to advance the public goal of expanding knowledge, by means of stimulating the efforts and imaginations of private creative actors. Copyright cannot be understood merely as a grudgingly tolerated way station on the road to the public domain. Nor does a view of copyright as a …

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Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote Jan 2003

Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote

Articles

Over the past two years I have become so heavily involved in the justice system reform discussions - in particular the discussions regarding legal training - that it would be nearly impossible for me to address the assigned topic of reform from a detached perspective. Rather than attempt to do so, I will offer certain personal impressions of the reforms, with particular reference to legal education.

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Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie Jan 2003

Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

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Sacred Sites And Religious Freedom On Government Land, Richard B. Collins Jan 2003

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.

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