Yale Law School
Northwestern University School of Law
Georgetown University Law Center
College of William & Mary Law School
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics,
2014
Loyola University Chicago
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Philosophy: Faculty Publications and Other Works
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis:
(a) The Muslim religion is incompatible with secular democracy;
(b) No Muslim country has instituted secular democracy; and
(c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy.
Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates ...
Will Workers Have A Voice In China's "Socialist Market Economy"? The Curious Revival Of The Workers Congress System,
2013
NELLCO
Will Workers Have A Voice In China's "Socialist Market Economy"? The Curious Revival Of The Workers Congress System, Cynthia L. Estlund
New York University Law and Economics Working Papers
China -- like most of the developed world, and unlike the U.S. -- maintains officially sanctioned institutions beyond the trade unions through which workers are represented within the workplace. The Staff and Worker Representative Congresses (SWRCs) were meant to enable workers to exercise their authority as “masters of the enterprise” in the planned economy. With the liberalization and opening of China's economy, the SWRCs’ role was radically curtailed in the “corporatized” state sector, and largely absent in the growing non-state sector. More recently, however, the SWRCs appear to be experiencing a modest revival. Following the organization of official trade union ...
Freedom Of Association And The Right To Contest: Getting Back To Basics,
2013
NELLCO
Freedom Of Association And The Right To Contest: Getting Back To Basics, Alan Bogg, Cynthia L. Estlund
New York University Public Law and Legal Theory Working Papers
As worker participation through trade unions has declined across much of the developed world, especially in the US, the UK and Canada, scholars and activists have turned to the concept of "freedom of association" (FOA) -- defined in international labour law as the fundamental right of workers to form and join trade unions of their own choosing -- as a basis for reclaiming a voice for workers in economic governance. Much of this work pursues what we call a strategy of ascent: to what extent does the existing FOA as defined in international and national labour law encompass constitutionalised rights to collective ...
The Competitive Advantage Of Weak Patents,
2013
Boston College Law School
The Competitive Advantage Of Weak Patents, William Hubbard
Boston College Law Review
Does U.S. patent law increase the competitiveness of U.S. firms in global markets? This Article argues that, contrary to the beliefs of many U.S. lawmakers, U.S. patent law currently undermines the ability of U.S. firms to compete in global markets because strong U.S. patent rights actually weaken an overlooked but critical determinant of U.S. competitiveness: rivalry among U.S. firms. Intense domestic rivalry drives firms to improve relentlessly, spawns related and supporting domestic industries, and encourages the domestic development of advanced factors of production—like specialized labor forces. U.S. patents restrict rivalry ...
Improve Living Standards In Poor Countries: Reform The International Monetary Fund,
2013
BLR
Improve Living Standards In Poor Countries: Reform The International Monetary Fund, Ross Buckley
University of New South Wales Faculty of Law Research Series 2013
The International Monetary Fund was primarily established to facilitate the management of a fixed exchange rate regime designed to promote global trade. It did this in the 1950s and 1960s. It was a good idea for its time. That time ended with the floating of exchange rates in the 1970s. Since then the Fund has become the economic policy director of countries in crisis, a role it is ill-suited to serve, and which it has fulfilled poorly. This essay reviews the Fund’s performance in managing the debt crisis of the 1980s, the East Asian crisis of the late 1990s ...
Transfer Of Interest After Pendency – A Comparative Analysis Of The Solutions Adopted By The American And German Civil Procedure Systems,
2013
Golden Gate University School of Law
Transfer Of Interest After Pendency – A Comparative Analysis Of The Solutions Adopted By The American And German Civil Procedure Systems, Madeleine Tolani
Annual Survey of International & Comparative Law
This paper deals with the problem of the transfer of interest in the context of litigation, which occurs with reasonable frequency in commercial law. The transfer of interest after pendency arises when a litigant assigns his rights or obligations to a third party while the action is pending. This is illustrated by the following short example: A – the owner of some jewelry – brings a suit against B, claiming the restitution of the jewelry, which he lent to B. During the lawsuit, B sells the jewelry to C and tells him about the pending lawsuit, and that A had sold the ...
From Mountains To Molehills: A Comparative Analysis Of Drug Policy,
2013
Golden Gate University School of Law
From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Bryan A. Ford
Annual Survey of International & Comparative Law
This paper examines the debate surrounding the trend of global movements away from prohibition and towards a harms reduction approach to drug policy. This paper reviews the prohibitionist model that is, by and large, the global status quo of how countries deal with drugs. Under the prohibitionist approach, governments criminally ban the production, trafficking, sale, possession, and use of drugs in an effort to directly combat the harms associated with drugs. Section I of this paper presents the prohibitionist approach as the international status quo and examines the effects and failures of that approach. Section II examines a variety of ...
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration,
2013
University of Florida Levin College of Law
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry A. Dimatteo
Larry A DiMatteo
This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as ...
Waiting For Perseus: A Sur-Reply To Professors Graetz And Warren,
2013
University of Pennsylvania Law School
Waiting For Perseus: A Sur-Reply To Professors Graetz And Warren, Ruth Mason, Michael S. Knoll
Faculty Scholarship
This manuscript responds to Income Tax Discrimination: Still Stuck in a Labyrinth of Impossibility by Professors Michael Graetz and Alvin Warren (121 Yale L.J. 1118). In that article, Professors Graetz and Warren challenge many of the arguments we made in our own article entitled, “What is Tax Discrimination?” (121 Yale L.J. 1014). In our earlier article, we set out to accomplish two goals. First, we sought to identify the principle behind the doctrine of tax discrimination as that doctrine is applied by the U.S. Supreme Court and the Court of Justice of the European Union (ECJ) and ...
Table Of Contents,
2013
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
This is the Table of Contents for volume 40, issue 1.
A House Divided: Exploring Implications Of Decentralized Regulation Of Genetically Modified Crops In The European Union,
2013
University of Georgia School of Law
A House Divided: Exploring Implications Of Decentralized Regulation Of Genetically Modified Crops In The European Union, Kathryn M. Biszko
Georgia Journal of International & Comparative Law
No abstract provided.
Masquerading Justiciability: The Misapplication Of State Secrets Privilege In Mohamed V. Jeppesen--Reflections From A Comparative Perspective,
2013
University of Georgia School of Law
Masquerading Justiciability: The Misapplication Of State Secrets Privilege In Mohamed V. Jeppesen--Reflections From A Comparative Perspective, Galit Raguan
Georgia Journal of International & Comparative Law
No abstract provided.
The Evolution Of The Common Law And Efficiency,
2013
University of Georgia School of Law
The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos I. Gómez Ligüerre
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2013
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
This is the Table of Contents for volume 40, issue 2.
Kidnappers Without Borders: An Epidemic In Need Of Global Solutions,
2013
University of Georgia School of Law
Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry
Georgia Journal of International & Comparative Law
No abstract provided.
European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?,
2013
University of Georgia School of Law
European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?, Andrei Vlad Ionescu
Georgia Journal of International & Comparative Law
No abstract provided.
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins,
2013
University of Georgia School of Law
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2013
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
This is the Table of Contents for Volume 40, Issue 3.
The Banking Contract As A Special Contract: The Israeli Approach,
2013
Touro College Jacob D. Fuchsberg Law Center
The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar
Touro Law Review
No abstract provided.
Consumer Contracts Law As A Special Branch Of Contract Law---The Israeli Model,
2013
Touro College Jacob D. Fuchsberg Law Center
Consumer Contracts Law As A Special Branch Of Contract Law---The Israeli Model, Sinai Deutch
Touro Law Review
No abstract provided.
