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Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid 2015 George Washington University Law School (Student)

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader ...


The Proposed Inheritance Tax And Its Impact On China's Economy, Michael Steve 2015 Southern Methodist University

The Proposed Inheritance Tax And Its Impact On China's Economy, Michael Steve

Michael Steve

No abstract provided.


Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson 2015 Louisiana State University Law Center

Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson

Alex T Robertson

In Louisiana construction cases, the timeliness of a third party claim for indemnity is contingent on both the profession of the defendant and where the plaintiff files the suit.[1] This moving target effect has roots in Louisiana’s adoption of a single peremptive statute for construction cases in lieu of the previously controlling liberative prescription statutes.[2] Louisiana instituted peremption to create a shorter and fixed period of time for the possibility of a design professional to be sued from a design, which has several positive consequences--judicial efficiency, higher quality of evidence in construction cases, positive economic impact and ...


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson 2015 University of Georgia School of Law

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz 2015 Texas A&M School of Law

Judicial Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz

Sahar F Aziz

Among the myriad questions surrounding the study of the “Arab Spring,” the one that has engendered much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.”

Accordingly, this Article cautiously proceeds to ...


Coopted And Independent: The Paradox Of Egypt's Judiciary, Sahar Aziz 2015 Texas A&M School of Law

Coopted And Independent: The Paradox Of Egypt's Judiciary, Sahar Aziz

Sahar F Aziz

Among the myriad questions surrounding the study of the “Arab Spring,” the one that engenders much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years in Egypt’s history. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.”

Accordingly, this Article ...


Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton 2015 University of Georgia School of Law

Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton

Georgia Journal of International & Comparative Law

No abstract provided.


The Treasury's Twenty Year Battle With Treaty Shopping: Article 16 Of The 1977 United States Model Treaty, Robert R. Oliva 2015 Florida International University

The Treasury's Twenty Year Battle With Treaty Shopping: Article 16 Of The 1977 United States Model Treaty, Robert R. Oliva

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant 2015 University of Georgia School of Law

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.


Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley 2015 Continental Bank

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.


United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis 2015 University of Florida

United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis

Georgia Journal of International & Comparative Law

No abstract provided.


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2015 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 ...


Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett 2015 Yale Law School

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a ...


Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina Tvarno 2015 Yale Law School

Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina Tvarno

Constance E. Bagley

In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the EU needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private partnerships (PPPPs ...


Does It Matter How One Opposes Memory Bans? A Commentary On Liberte Pour L'Histoire, Robert Kahn 2015 University of St. Thomas School of Law

Does It Matter How One Opposes Memory Bans? A Commentary On Liberte Pour L'Histoire, Robert Kahn

Robert Kahn

This paper examines Liberté pour l'Histoire, a group of French historians who led the charge against that nation’s memory laws, in the process raising unique arguments not found elsewhere in the debate over hate speech regulation. Some of these arguments – such as a focus on how the constitutional structure of the Fifth Republic encouraged memory laws – advance our understanding of the connection between hate speech bans and political institutions. Other arguments, however, are more problematic. In particular, Liberté historians struggle to distinguish the Holocaust (which is illegal to deny) from the Armenian Genocide (which is not). The Liberté ...


Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller 2015 East West Management Institue

Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller

Steven Austermiller

The country of Georgia has a long and interesting history with arbitration. From “telephone justice” to the criminal underworld to legitimacy, Georgian arbitration has survived many iterations. Now, as Georgia begins the EU accession process, it has a new arbitration law that incorporates international norms. This article analyzes the law, explores how arbitration has been implemented thus far, and discusses some of the challenges that remain. Drawing on his U.S. practice experience in arbitration and his work managing legal reform programs in Georgia and other countries, the author recommends some important changes to Georgia’s new arbitration regime. A ...


International Human Rights Law And The Regulation Of Racial Hate Speech In Australia: Reform And Replace?, Alan B. Berman B.A., J.D., L.L.M. PhD. 2015 University of Newcastle

International Human Rights Law And The Regulation Of Racial Hate Speech In Australia: Reform And Replace?, Alan B. Berman B.A., J.D., L.L.M. Phd.

Alan B Berman B.A., J.D., L.L.M. PhD.

A surge in the number of instances inciting racial hatred and discrimination as well as threatening physical or other harm on the basis of race has been apparent in Australia in recent years. Physical threats to persons or property involving racial animus is referred to in existing Australian state and territory legislation as severe racial vilification. There is no comparable federal law attracting criminal penalties.

It will be argued in this paper that several factors justify prosecuting these activities as specific hate crimes under both state and federal criminal laws. These include, Australia’s responsibilities under international treaties, the inadequacy ...


Ip Piracy & Developing Nations: A Recipe For Terrorism Funding, Brandy G. Robinson 2015 Independent

Ip Piracy & Developing Nations: A Recipe For Terrorism Funding, Brandy G. Robinson

Brandy G Robinson

When events such as 9/11 hit the U.S., no one thought that terrorists funded these activities through intellectual property piracy. On the surface, intellectual property (IP) piracy and terrorism are two distant topics. However, these topics are not distant but closely connected, as terrorist groups thrive on IP piracy, especially in developing nations, which has led to successful terrorist funding opportunities. Because IP piracy evades normal detection and developing nations do not thoroughly understand it, terrorist groups gravitate towards IP piracy for funding, which presents a distinct global dilemma.

Intellectual property rights and laws, namely criminal enforcement mechanisms ...


The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch 2015 Florida International University College of Law

The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch

Cesar Zucatti Pritsch

In this article, we address a flaw in Brazilian civil procedure observed in our practice as a Federal Labor Judge in Brazil, an issue that may be addressed by limiting appellate review in a similar fashion as the American courts do, using standards of appellate review.

In Brazil, appellate courts tend to ignore the lower court’s decisions, replacing them for the ruling they would have made had they been the original decision makers. A simple disagreement with the lower court’s findings of fact or discretionary rulings, no matter how reasonable, is sufficient grounds for reversal.

The lack of ...


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