Comparative and Foreign Law Commons^™

The Importance Of Roman Law For Western Civilization And Western Legal Thought, Franz Wieacker

Boston College International and Comparative Law Review

No abstract provided.

The Corporate Veil Doctrine Revisited: A Comparative Study Of The English And The U.S. Corporate Veil Doctrines, Thomas K. Cheng

Boston College International and Comparative Law Review

This Article undertakes a comparative study of corporate veil piercing doctrines under U.S. corporation and English company law. The Article highlights some fundamental differences between the doctrines in terms of jurisprudential approaches, treatment of specific case types, and other related issues. The Article demonstrates that despite these substantial differences, many English corporate veil cases in fact share a similar analytical approach to the instrumentality doctrine under U.S. law. Therefore, it is possible to construct an English instrumentality doctrine that will bring structure and clarity to the English corporate veil doctrine. The Article concludes with a revival of the ...

The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti

William & Mary Bill of Rights Journal

Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted ...

International Cryptography Regulation And The Global Information Economy, Nathan Saper

Northwestern Journal of Technology and Intellectual Property

With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.

This Note seeks to introduce the reader to the issue of international cryptography ...

Reception Of English Common Law In The American Colonies, William B. Stoebuck

William & Mary Law Review

No abstract provided.

The French Declaration Of The Rights Of Man And Of Citizens Of 1789, The Reign Of Terror, And The Revolutionary Tribunal Of Paris, Vincent Robert Johnson

Boston College International and Comparative Law Review

No abstract provided.

Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon

Pace Law Faculty Publications

Land use scholars and practitioners in the United States trace the development of domestic land use law to 1916, when the City of New York adopted the nation's first comprehensive zoning law, and then on to 1926 when the U.S. Supreme Court declared zoning constitutional in Euclid v. Ambler Realty. Some have studied European influences stemming from late nineteenth century regulations and the urban design principles imported from the great cities of the era. Others know about the catastrophic London fire of 1666 and how it transformed society's understanding of why individual property rights, to some degree ...

Defining Terrorism: The Evolution Of Terrorism As A Legal Concept In International Law And Its Influence On Definitions In Domestic Legislation, Reuven Young

Boston College International and Comparative Law Review

This Article examines the evolution of the definition of terrorism at international law and tests the widely held view that international law does not provide a definition of terrorism. It contends that by abstracting from the common elements and themes present in the United Nations General Assembly and Security Council resolutions concerning terrorism, and the multi-lateral anti-terrorism conventions, treaties, and protocols, one can discern a core international law definition of terrorism. The Article then compares this definition to those in the domestic legal systems of the United States, United Kingdom, India, and New Zealand to determine whether (1) international law ...

Capital Punishment In The United States, And Beyond, Paul Marcus

Faculty Publications

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still ...

When Is A State A State? The Case For Recognition Of Somaliland, Alison K. Eggers

Boston College International and Comparative Law Review

It has been well over a decade since the world attempted to save Somalia from the dustbin of “failed states.” During that decade, one re-gion of Somalia has pulled away from its post-colonial union with Somalia, established its own government, kept the peace, and managed to flourish in a kind of stability that is only a faint memory to most Somalians outside the region. Somaliland, once a British colony, argues it should be recognized as an independent state. This Note explores the legal conception of statehood, from the Montevideo Convention to the more recent emphasis on self-determination, and then turns ...