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Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple 2017 University of Windsor, Faculty of Law

Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple

Law Publications

In common law Northern Europe and in Australasia, a wave of reform has been transforming legal services regulation since roughly 1980. Old structures and approaches, based on the principles of professionalism and lawyer independence, are being replaced in these jurisdictions by new ones that prioritize competition and consumer interests. In the United States this has conspicuously not happened, leaving intact a regulatory approach whose broad outlines have changed little in the past 100 years.

Thus, I have argued that the legal services regulatory regimes of the common law world today are bifurcated into (i) a competitive-consumerist paradigm apparent in the ...


Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell 2017 Selected Works

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

Jennifer Moore

The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It ...


Comments On The Nuremberg Principles And Conscientious Objection With Special Reference To War Crimes, Robert K. Woetzel 2017 St. John's University School of Law

Comments On The Nuremberg Principles And Conscientious Objection With Special Reference To War Crimes, Robert K. Woetzel

The Catholic Lawyer

No abstract provided.


Promised Lands: The Anabaptist Immigration To Paraguay And Bolivia And Its Unintended Consequences For The Environment, Sarah M. Hanners 2017 University of Miami Law School

Promised Lands: The Anabaptist Immigration To Paraguay And Bolivia And Its Unintended Consequences For The Environment, Sarah M. Hanners

University of Miami Inter-American Law Review

There is a human dimension to the slaughter of the Amazon that does not always make its way into the conventional deforestation narrative. This note examines the destruction of the Amazon through the very human experience of the Anabaptists: religious outliers who fled Europe for the Americas, seeking freedom from persecution and a promise of greener pastures. They have since indelibly transformed the landscape of the Amazon in Bolivia and Paraguay, and their efforts have caught the attention of huge agricultural conglomerates, whose bottom lines have little respect for forest life. The environmental regulations of these countries fall short of ...


Prefatory Matter And Table Of Contents, 2017 University of Miami Law School

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi 2017 University of Miami Law School

A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi

University of Miami Inter-American Law Review

In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations ...


Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo 2017 University of Miami Law School

Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo

University of Miami Inter-American Law Review

The civil law system shows its true face as it travels from the Continental European core to the Latin American periphery. Many of the principal institutions have found a home and thrived in the new and radically different environment. One can best study them there by contemplating how they have preserved some of their most basic features despite having transformed themselves into something else.

The notion of the civil law tradition and that of codification have themselves undergone this dialectic of transformation and preservation. So have the traditional approach to contractual interpretation and to third-party agreements and the common proscriptions ...


Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda 2017 University of Miami Law School

Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda

University of Miami Inter-American Law Review

Today in Brazil, it takes over eleven years to receive legal rights to an invention by means of a patent. This state of affairs provides inadequate intellectual property protection for inventors and businesses, hampering Brazil’s desire to accelerate innovation, entrepreneurship, and economic growth through a national patent system. But a new Joint Agreement between the Government of the United States and the Government of the Federative Republic of Brazil could mean rescue is on the way. Both governments agreed to engage in patent work sharing programs between the two patent offices, in hopes of increased efficiency. Yet, some scholars ...


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak 2017 Selected Works

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It ...


Changing Soviet Attitudes Toward International Law: An Incorporative Approach, R. Judson Mitchell, Alan T. Leonhard 2017 University of New Orleans

Changing Soviet Attitudes Toward International Law: An Incorporative Approach, R. Judson Mitchell, Alan T. Leonhard

Georgia Journal of International & Comparative Law

No abstract provided.


German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen 2017 University of Augsburg

German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney 2017 Selected Works

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney

Keidra Chaney

The next wave of concern regarding Google involves web analytics. Web analytics is the measurement, collection, analysis, and reporting of Internet data for the purposes of understanding and optimizing web usage. The concerns of web analytics use touches on issues of online user privacy, government use of personal information, and information on website user activity. While Google Analytics is not the sole web analytics product on the market, it is widely used by corporate, non-profit, and government organizations. The product has been reported to have a 59% market share among web analytics vendors in a 2008 study. Web analytics technology ...


Incomplete Bans And Uncertain Market In Wildlife Trade, Annecoos Wiersema 2017 University of Pennsylvania Law School

Incomplete Bans And Uncertain Market In Wildlife Trade, Annecoos Wiersema

University of Pennsylvania Asian Law Review

No abstract provided.


Illicit Wildlife Trade And The Role Of Customs, Kunio Mikuriya 2017 University of Pennsylvania Law School

Illicit Wildlife Trade And The Role Of Customs, Kunio Mikuriya

University of Pennsylvania Asian Law Review

No abstract provided.


Toward A More Coordinated, Integrated Response To Wildlife Trafficking And Other Natural Resource Crime, John C. Cruden, David S. Gualtieri 2017 University of Pennsylvania Law School

Toward A More Coordinated, Integrated Response To Wildlife Trafficking And Other Natural Resource Crime, John C. Cruden, David S. Gualtieri

University of Pennsylvania Asian Law Review

No abstract provided.


To Catch A Wildlife Thief: Strategies And Suggestions For The Fight Against Illegal Wildlife Trafficking, Marcus A. Asner 2017 University of Pennsylvania Law School

To Catch A Wildlife Thief: Strategies And Suggestions For The Fight Against Illegal Wildlife Trafficking, Marcus A. Asner

University of Pennsylvania Asian Law Review

No abstract provided.


Volume 12 Masthead, 2017 University of Pennsylvania Law School

Volume 12 Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


War, Peace, And National Security In The Pacific: U.S. And Japanese Geostrategic Constitutionalism, And The Creation Of The Japanese Constitution In 1947, Christopher M. Young 2017 University of Pennsylvania Law School

War, Peace, And National Security In The Pacific: U.S. And Japanese Geostrategic Constitutionalism, And The Creation Of The Japanese Constitution In 1947, Christopher M. Young

University of Pennsylvania Asian Law Review

No abstract provided.


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