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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li 2016 UC Berkeley

Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li

Minhao Benjamin Chen

Courts may function as “fire alarms” within a principal-agent framework that sees bureaucrats as imperfectly supervised servants of their political masters. In this paper, we compare how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries in which we would expect to find significant barriers to administrative litigation – the People’s Republic of China, Japan, and Singapore. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have answered the question of standing over time. It is possible to explain these ...


Semi-Presidentialism Under The Indian Constitution, Khagesh Gautam 2015 O.P. Jindal Global University

Semi-Presidentialism Under The Indian Constitution, Khagesh Gautam

Khagesh Gautam

No abstract provided.


Cracking Down On Corporate Crime In Italy, Rosa Anna Ruggiero Prof. 2015 SelectedWorks

Cracking Down On Corporate Crime In Italy, Rosa Anna Ruggiero Prof.

Rosa Anna Ruggiero Prof.

The paper describes the changes in the Italian system regarding corporate criminal liability. With the implementation of Legislative Decree No. 231 on June 8th, 2001, Italy aligned itself with other European countries (France, the United Kingdom, Holland, Denmark, Portugal, Ireland, Sweden, Finland), which already provided for the liability of corporate entities responsible for committing certain crimes. The previous gap in legislation had serious implications at an international level, especially in light of the objective of fostering cooperation in the Area of Freedom, Security and Justice in the European Union - through, for example, the progressive alignment of Member States’ legislation ...


Cracking Down On Corporate Crime In Italy, Rosa Anna Ruggiero Prof. 2015 SelectedWorks

Cracking Down On Corporate Crime In Italy, Rosa Anna Ruggiero Prof.

Rosa Anna Ruggiero Prof.

The paper describes the changes in the Italian system regarding corporate criminal liability. With the implementation of Legislative Decree No. 231 on June 8th, 2001, Italy aligned itself with other European countries (France, the United Kingdom, Holland, Denmark, Portugal, Ireland, Sweden, Finland), which already provided for the liability of corporate entities responsible for committing certain crimes. The previous gap in legislation had serious implications at an international level, especially in light of the objective of fostering cooperation in the Area of Freedom, Security and Justice in the European Union - through, for example, the progressive alignment of Member States’ legislation ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


La Competencia Entre Productos Y Sistemas Jurídicos, Renzo E. Saavedra Velazco 2015 Pontificia Universidad Católica del Perú

La Competencia Entre Productos Y Sistemas Jurídicos, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.


Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui 2015 University of Macau

Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui

Bing Shui

Can people be harmed after they are gone? If so, by what means can we protect their posthumous interests? Do the dead have legal rights? Those sequential questions are not only philosophical puzzles, but also a gridlock to law-makers and judges in most jurisdictions. Following the old notion that “the dead do not hear”, law is historically set up to deal with people from the cradle to the grave. Once a human being has become a corpse, it may be viewed as something like “a piece of furniture” yet the body is more than an instrumental thing; it is a ...


Collective Bargaining Developments In Time Of Crisis, michele faioli 2015 Tor Vergata University

Collective Bargaining Developments In Time Of Crisis, Michele Faioli

Michele Faioli

No abstract provided.


Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros 2015 Loyola Law School - Los Angeles

Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros

N. Micheli Quadros

The preamble of the United Nations' Charter (hereinafter UN Charter) presents its members declaration under which justice and respect for international law and the international community is supposed to be maintained. To date, the United Nations (UN) has failed to ensure international peace by allowing powerful states to infringe upon other nations’ territorial integrity and manipulate individuals to exercise their right of self-determination.

Outdated, redundant and vague provisions that proved their inefficiency have plagued the UN Charter. Chapter I, Art 1 § 2 of the UN Charter, states that one of the main purpose of the UN is “to develop friendly ...


Natural Disasters, Nuclear Disasters, And Global Governance, Eric Feldman, Chelsea Fish 2015 University of Pennsylvania Law School

Natural Disasters, Nuclear Disasters, And Global Governance, Eric Feldman, Chelsea Fish

Faculty Scholarship

This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies ...


Introduction: The Burden Of Modern Democracy, Samuel Issacharoff 2015 NYU School of Law

Introduction: The Burden Of Modern Democracy, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

Twenty five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the Arab Spring. What lessons can be drawn from these struggles? What conditions or institutions are needed to prevent the collapse of democracy?

Embattled democracy is the subject matter of a new book, Fragile Democracies: Contested Power in the Era of Constitutional Courts. This book argues that the most distinctive antidote to authoritarianism in the post-1989 period ...


“Supreme” Courts And The Imagination Of The Real: An Essay In Honor Of Mirjan Damaška, Oscar G. Chase 2015 NYU School of Law

“Supreme” Courts And The Imagination Of The Real: An Essay In Honor Of Mirjan Damaška, Oscar G. Chase

New York University Public Law and Legal Theory Working Papers

In Local Knowledge, Fact and Law in Comparative Perspective, Clifford Geertz brought his interpretive method of cultural analysis to bear on the relationship between local systems of law and the cultures in which they are situated. Geertz’ argument can be summed up by his aphorism: “Law is but part of a distinctive manner of imagining the real.” I explore this puzzling statement by examining the role of supreme courts in constructing and maintaining the “imagined real” of the society in which they function. Using the Supreme Court of the United States as my principal example I claim that these courts ...


Death Squads And Death Lists: Targeted Killing And The Character Of The State, Jeremy Waldron 2015 NYU School of Law

Death Squads And Death Lists: Targeted Killing And The Character Of The State, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

The intention of this paper is to urge critical reflection upon current US practices of targeted killing by considering not just whether acts of targeted killing can be legally justified but also what sort of state we are turning into when we organize the use of lethal force in this way -- maintaining a list of named enemies of the state who are to be eliminated in this way. My paper uses the unpleasant terminology of "death lists" and "death squads" to jolt us into this reflection. Of course, there are differences between the activities of death squads in (say) El ...


The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge 2015 University of Georgia School of Law

The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge

Georgia Journal of International & Comparative Law

No abstract provided.


An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy 2015 Georgia State University

An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy

Georgia Journal of International & Comparative Law

No abstract provided.


The Difficulty Of Constitutional Amendment In Canada, Richard Albert 2015 Boston College Law School

The Difficulty Of Constitutional Amendment In Canada, Richard Albert

Richard Albert

Scholars of comparative constitutional law would suggest that the United States Constitution is the world’s most difficult democratic constitution to change by formal amendment. But in this paper I suggest that the Constitution of Canada may be even harder to amend. Modern Canadian political history has proven the textual requirements for major constitutional amendment so far impossible to satisfy, yet the extraordinary difficulty of formal amendment in Canada derives equally from sources external to the Constitution’s formal amendment rules. Major constitutional amendment also requires conformity with extra-textual requirements imposed by Supreme Court decisions interpreting the Constitution of Canada ...


Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós 2015 Georgetown University

Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós

Jorge Farinacci-Fernós

In this brief Article, I wish to challenge and transcend the narrow dichotomy of political-rights-as-negative-rights versus socio-economic-rights-as-positive-rights, and analyze the different variables applicable to constitutional rights, taking into account several interacting features. First, the nature of a right, that is, whether it is civil and political or socio-economic. Second, the effect of a right, that is, whether it is negative rights that protect the titleholder against the actions of others or positive rights that entitle its titleholder to require others to act. Third, the reach of a right, that is, whether it is vertical rights opposable to the state or ...


Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze 2015 Pace University

Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze

Pace International Law Review

In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).

Chapter IV, by analyzing the travaux, determines the primary purpose ...


Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn 2015 John Marshall Law School

Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn

Pace International Law Review

In 2011, the World Bank initiated its first-ever examination of the policies and characteristics of effective insolvency systems for individuals (natural persons). This paper describes the two-year process that led to the publication of the World Bank’s landmark Report on the Treatment of the Insolvency of Natural Persons. After examining the key content and three major themes of the Report, three of the most recent new personal insolvency regimes are introduced with an eye to identifying the ways in which the themes of the Report are reflected in these new laws. The personal insolvency provisions in Colombian law most ...


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