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Articles 1 - 30 of 104
Full-Text Articles in International Law
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
San Diego International Law Journal
This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
San Diego International Law Journal
This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.
Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik
Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik
San Diego International Law Journal
This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.
Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega
Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega
University of Miami Inter-American Law Review
No abstract provided.
Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka
Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka
University of Miami International and Comparative Law Review
No abstract provided.
The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk
The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk
University of Miami International and Comparative Law Review
No abstract provided.
Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira
Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira
University of Miami Inter-American Law Review
No abstract provided.
Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson
Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson
University of Miami Inter-American Law Review
No abstract provided.
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
University of Miami Inter-American Law Review
No abstract provided.
Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick
Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick
University of Miami International and Comparative Law Review
No abstract provided.
A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison
A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison
University of Miami International and Comparative Law Review
No abstract provided.
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Indiana Law Journal
Addison C. Harris Lecture
A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers
A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers
Penn State International Law Review
No abstract provided.
Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons
Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons
Penn State International Law Review
No abstract provided.
Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills
Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills
Penn State International Law Review
No abstract provided.
Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills
Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills
Washington and Lee Law Review
No abstract provided.
How Bromfield V. Mukasey Correctly Applied U.S. Immigration Law In A Victory For Civil Rights And A Scathing Rebuke Of Jamaica's Pervasive Homophobia, Michael D. Ford
How Bromfield V. Mukasey Correctly Applied U.S. Immigration Law In A Victory For Civil Rights And A Scathing Rebuke Of Jamaica's Pervasive Homophobia, Michael D. Ford
University of Miami Inter-American Law Review
No abstract provided.
The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar
The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar
University of Miami International and Comparative Law Review
National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …
Lawful Permanent Residents: The Forced Bachelors And Bachelorettes Of America, Gisela Alouan Ades
Lawful Permanent Residents: The Forced Bachelors And Bachelorettes Of America, Gisela Alouan Ades
University of Miami Inter-American Law Review
No abstract provided.
U.S. Certified Claims Against Cuba: Legal Reality And Likely Settlement Mechanisms, Timothy Ashby
U.S. Certified Claims Against Cuba: Legal Reality And Likely Settlement Mechanisms, Timothy Ashby
University of Miami Inter-American Law Review
Misconceptions abound regarding U.S. certified claims against Cuba for properties taken by the Castro regime. Given the probability that the Obama administration may pursue a different Cuba policy than its predecessors, a realistic approach to resolution of the claims issue requires an objective understanding of the legal environment and options for settlement.
The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa
The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa
University of Miami Inter-American Law Review
No abstract provided.
Cuban Private International Law: Some Observations, Comparisons, And Suppositions, Kevin Tuininga
Cuban Private International Law: Some Observations, Comparisons, And Suppositions, Kevin Tuininga
University of Miami Inter-American Law Review
No abstract provided.
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
University of Miami International and Comparative Law Review
The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …
Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig
Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig
University of Miami International and Comparative Law Review
The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …
Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo
Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo
San Diego International Law Journal
This paper aims to critically examine the status of global administrative law within the already widely acknowledged notion of global constitutionalism. While global constitutionalism describes the processual "constitutionalization" of an increasingly globalized world through the values emerging from cross-border regulatory cooperation, the global regulatory process at the heart of global administrative law appears to take the place of "We the People" as the creative force behind global constitutionalism. Contrary to the domestic/national context, the identitarian relationship between global administrative law and global constitutional law suggests the unity of global legality, whether it be called administrative law or constitutionalism. The paper …
The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat
The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat
San Diego International Law Journal
Hong Kong has generally followed a libertarian path on the external economic front, maintaining a widely open trade and investment platform. Its policy regarding the now well-established "open skies" system qualifies as something of an aberration, albeit obviously not to the same extent as its far more inward-looking immigration strategies. This pattern can effectively be placed in the appropriate theoretical context and the territory’s experience in that respect may offer relevant analytical insights into the evolution of international legal regimes, particularly those with a distinct regulatory focus and essentially bilateral in nature.
With Great Power Comes Great Responsibility: Korea's Role In The War Against Online Piracy, Edward Choi
With Great Power Comes Great Responsibility: Korea's Role In The War Against Online Piracy, Edward Choi
San Diego International Law Journal
South Korea is one of the most Internet-savvy countries in the world, with more than 34 million Koreans over the age of six—74.8% of the total population—regularly accessing the Internet. According to the Organization for Economic Co-operation and Development (OECD), as of June 2007, South Korea has the fourth largest number of broadband subscribers at over 14.4 million, behind only Japan, Germany, and the United States, all of which have much higher populations. Studies show the time Koreans spend online is primarily for entertainment purposes, as almost 80% of Korean Internet users report online consumption of audio and video, almost …
Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina
Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina
San Diego International Law Journal
Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …
The Influences Of The West On The 1993 Russian Constitution, Victoria Schwartz
The Influences Of The West On The 1993 Russian Constitution, Victoria Schwartz
UC Law SF International Law Review
This article explores the influences of the West on the text of the 1993 Russian Constitution. Although previous scholarship has identified Western influences on the Russian Constitution, these works do not trace how or why the particular transplant occurred. This article has a descriptive and analytical, but not normative goal of filling that gap by explaining the transplants that occurred, and why and how they were made. Among its conclusions, the article finds that the choices made by the framers of the 1993 Russian Constitution can often be explained by the contemporaneous political situation within Russia. Part of the uniqueness …
Victims Of Armed Conflict And Persecution In South Africa: Between A Rock And A Hard Place, Edwin Odhiambo Abuya, Dulo Nyaoro
Victims Of Armed Conflict And Persecution In South Africa: Between A Rock And A Hard Place, Edwin Odhiambo Abuya, Dulo Nyaoro
UC Law SF International Law Review
This paper examines the extent to which African States have cemented their commitments to protect persons forced to flee from their home states owing to armed conflict and/or persecution. Using South Africa as a case study, this paper examines the experience of refugees and asylum seekers at the hands of South African Police. Two central issues are, first, the identity documents that are issued to asylum seekers and refugees coming to South Africa, and second, the constitutional rights to privacy and security, which are promised to all. It is contended that although law enforcement officials are generally required by law …