Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

10,669 Full-Text Articles 7,792 Authors 3,781,436 Downloads 142 Institutions

All Articles in Comparative and Foreign Law

Faceted Search

10,669 full-text articles. Page 1 of 237.

Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine 2019 University of Miami Law School

Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine

University of Miami Law Review

In 2009, the Indian government introduced a widespread biometric identification system called Aadhaar—a national scheme that issues Indian citizens and residents a unique identification number while collecting and storing their most personal biometric and demographic information. As the Aadhaar system was implemented and promoted in India, widespread concerns grew regarding the storage and protection of such private information. How can Indian citizens enforce and protect their privacy rights? In 2017, the Indian Supreme Court attempted to address this issue by holding that an individual’s right to privacy is an inherent part of the right to life and personal ...


Letter From The Editor, Lara Thiele 2019 University of Notre Dame Law School

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Right-To-Work For Rohingya In Thailand, Lara Thiele 2019 University of Notre Dame Law School

The Right-To-Work For Rohingya In Thailand, Lara Thiele

Notre Dame Journal of International & Comparative Law

The world finds itself currently in the biggest refugee crisis in history. Many individuals have to leave their home country and escape to a new home, hoping to remain there and begin a productive and dignified life. The stateless Rohingya are a group that has been part of this migratory movement due to the group’s maltreatment in Myanmar. Many Rohingya have gone to Thailand, where they have remained for over twenty years, without the permission to work or remain in the country lawfully. In fact, the current Thai laws neglect to allow for the Rohingya to remain lawfully in ...


Remedies For Victims Of Human Trafficking Under The Palermo Protocol And United Nations Basic Principles: A Case Study Analysis, Josephine A. Suchecki 2019 University of Notre Dame Law School

Remedies For Victims Of Human Trafficking Under The Palermo Protocol And United Nations Basic Principles: A Case Study Analysis, Josephine A. Suchecki

Notre Dame Journal of International & Comparative Law

Human trafficking is a phenomenon that is happening right under our noses, yet does not receive the recognition nor publicity necessary to combat this human rights crisis. The Palermo Protocol and the United Nations Basic Principles have been implemented on an international level to solve these issues, but with varied success. The Palermo Protocol was created to apply to the prevention, investigation, and prosecution of the offenses established in article 5 of the Protocol. The Basic Principles from A/HRC/26/18 highlight the fact that effective remedies are not often accessible to victims of trafficking, as there are gaps ...


A Catholic Response To Global Climate Change Migration, Michael S. Talbot 2019 University of Notre Dame

A Catholic Response To Global Climate Change Migration, Michael S. Talbot

Notre Dame Journal of International & Comparative Law

This Article examines Catholic Social Teaching’s approach to the challenges of human migration and environmental refugees. By juxtaposing the inadequacies of current international frameworks for protecting environmental migrants with previous sources of Catholic Social Teaching, this Article speculates on the possible moral argument to be made by the Church in support of efforts to fill a gap in the international legal framework around climate change induced migration. Ultimately, the Paper speculates that such an argument would include three components: (1) a broadening of the definition of refugee, (2) a recognition of our interconnected and interdependent lives, and (3) the ...


Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Méndez 2019 Washington College of Law, American University

Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Méndez

Notre Dame Journal of International & Comparative Law

Deprivation of adequate health care — including preventive and remedial therapies — violates State obligations under domestic and international law. Because it deprived inmates of a fundamental right it is appropriate to analyze the scope of that obligation under norms of international law that are binding as treaty law or as customary international law. Recent developments in international standards illuminate the scope of the State’s obligations to provide health care to persons deprived of liberty. Salient among those recent developments in the normative framework is the most recent version of the UN Standard Minimum Rules for the Treatment of Prisoners, amended ...


Masthead Volume 9, 2019 Notre Dame Law School

Masthead Volume 9

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Employee Right To Disconnect, Paul M. Secunda 2019 Marquette University Law School

The Employee Right To Disconnect, Paul M. Secunda

Notre Dame Journal of International & Comparative Law

U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, e-mail, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from ...


18 U.S.C. § 3553(A)’S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In “The Most Effective Manner”, Erica Zunkel 2019 The University of Chicago Law School

18 U.S.C. § 3553(A)’S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In “The Most Effective Manner”, Erica Zunkel

Notre Dame Journal of International & Comparative Law

The vast majority of federal criminal defendants are sentenced to prison, and non-incarceration sentences have become vanishingly small. During the sentencing process, federal district court judges are required to consider what sentence will provide the defendant with necessary rehabilitation and treatment in the most effective manner pursuant to 18 U.S.C. § 3553(a)(2)(d). Courts regularly undervalue, ignore, or even violate this statutory command. Some courts seem to believe that the Bureau of Prisons can provide adequate rehabilitation and treatment and do not explain how this squares with what the statute requires. Other courts barely engage with the ...


Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo 2019 University of Maine School of Law

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious ...


The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz 2019 University of Miami Law School

The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz

University of Miami Inter-American Law Review

No abstract provided.


Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., PhD, Lindsey Keiser 2019 Georgetown University Law Center

Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser

University of Miami Inter-American Law Review

No abstract provided.


Prefatory Matter And Table Of Contents, 2019 University of Miami Law School

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude 2019 University of Miami Law School

Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude

University of Miami Inter-American Law Review

No abstract provided.


Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis 2019 University of Miami Law School

Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis

University of Miami Inter-American Law Review

No abstract provided.


The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons 2019 The Brookings Institution

The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

The proliferation of Global Performance Indicators (GPIs), especially those that rate and rank states against one another, shapes decisions of states, investors, bureaucrats, and voters. This power has not been lost on the World Bank, which has marshaled the Ease of Doing Business (EDB) index to amass surprising influence over global regulatory policies – a domain over which it has no explicit mandate and for which there is ideological contestation. This paper demonstrates how the World Bank’s EDB ranking system affects policy through bureaucratic, transnational, and domestic-political channels. We use observational and experimental data to show that states respond to ...


Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood 2019 Texas A&M University School of Law

Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood

Texas A&M Law Review

This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.


Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu 2019 University of California, Hastings College of the Law

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu

Hastings International and Comparative Law Review

The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these ...


Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green 2019 University of California, Hastings College of the Law

Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green

Hastings International and Comparative Law Review

The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only ...


Digital Commons powered by bepress