Masthead,
2014
University of Pennsylvania Carey Law School
The Yet-To-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty As A Critical Case Study Of Legislation By Press Release,
2014
University of Pennsylvania Carey Law School
The Yet-To-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty As A Critical Case Study Of Legislation By Press Release, Jianlin Chen
East Asia Law Review
No abstract provided.
Licensing Intellectual Property In China,
2014
University of Pennsylvania Carey Law School
Licensing Intellectual Property In China, Lei Mei
East Asia Law Review
No abstract provided.
Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China,
2014
University of Pennsylvania Carey Law School
Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China, Lipeng Mei
East Asia Law Review
No abstract provided.
Emergency Arbitrator Procedure And Open-List Arbitrator Appointment Under The New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn Of A New Era?,
2014
University of Pennsylvania Carey Law School
Emergency Arbitrator Procedure And Open-List Arbitrator Appointment Under The New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn Of A New Era?, Rui Bu
East Asia Law Review
No abstract provided.
A Dynamic Theory Of Judicial Role,
2014
Florida State University College of Law
A Dynamic Theory Of Judicial Role, David Landau
Scholarly Publications
Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the judicial and academic effort in these contexts is self-consciously oriented towards using courts to carry out basic improvements in the quality of political systems seen as badly deficient. In other words, the core task is to improve the quality of the democratic system over time. These …
U.S. Executive Branch Patent Policy, Global And Domestic,
2014
Duke Law School
U.S. Executive Branch Patent Policy, Global And Domestic, Arti K. Rai
Faculty Scholarship
No abstract provided.
Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?,
2014
Duke Law School
Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?, Sara Sun Beale
Faculty Scholarship
What explains the difference between the United States and the many other countries that have abolished capital punishment? Because the United States and many other nations that have abolished the death penalty are democracies, there seems to be an obvious answer: abolition or retention reflects the preferences of the electorate. According to this view, the U.S. electorate is simply more punitive, and the question becomes explaining the difference in national attitudes. There is some truth to this explanation. As I have argued elsewhere, the U.S. public generally does favor punitive criminal justice policies. But that cannot be the whole story. …
Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies,
2014
Brigham Young University Law School
Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies, Ping Xiong
BYU Law Review
No abstract provided.
Egypt,
2014
University of Baltimore School of Law
Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord
All Faculty Scholarship
This chapter is a factbook summarizing disability laws, organisations, and statistics in Egypt as of 2014.
The Model Penal Code And The Dilemma Of Criminal Law Codification In The United States,
2014
Saint Louis University School of Law
The Model Penal Code And The Dilemma Of Criminal Law Codification In The United States, Stephen C. Thaman
All Faculty Scholarship
In this chapter, the author discusses the legal international comparative study of codification. The author draws upon insights gained from the IACL Thematic Conference of 2012.
Who Owns The Mirage? Comments On A Recent Chinese Securitization Case From A Comparative Perspective,
2014
Fudan University School of Law (Shanghai, China)
Who Owns The Mirage? Comments On A Recent Chinese Securitization Case From A Comparative Perspective, Lingyun Gao
Global Business Law Review
With China's restrictions on directly granting loans to real estate companies and the restrictions on establishing cash trusts, the trust companies had been seeking alternatives to engage in real estate investment. They actually might help the real estate developers to establish a trust to securitize the real estate project they own; however, for the reasons analyzed below, most of them decided to get financing only through using the “proceeds accruing from” their real estate project. These trusts are given a fancy name “XXX资产收益财产权信托”, and literally translated as “Trusts on the Right to Proceeds to be Accrued from XXX Project Assets.” …
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform,
2014
University of Washington School of Law
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote
Chapters in Books
Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …
Citizen Participation: Appraising The Saiban’In System,
2014
University of Washington School of Law
Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote
Articles
Of the many reforms affecting the Japanese judiciary that were undertaken in connection with the recommendations of the Justice System Reform Council, one reform above all attracted widespread public attention: the introduction of the so-called saiban'in system. In this system, mixed panels of professional judges and lay jurors judge guilt and assess penalties in serious criminal cases. Following a five-year preparation period, the new system went into effect for the specified categories of crimes for which indictments were issued on or after May 21, 2009, with the first trials under the new system commencing in August 2009. Pursuant to the …
Nigeria And Mali: The Case For Repatriation And Protection Of Cultural Heritage In Post-Colonial Africa,
2014
Notre Dame Law School
Nigeria And Mali: The Case For Repatriation And Protection Of Cultural Heritage In Post-Colonial Africa, Elizabeth A. Klesmith
Notre Dame Journal of International & Comparative Law
Writing in early 2013, Elizabeth A. Klesmith explores the challenges of African nations in protecting their cultural heritage in the post-colonization era. She identifies two major challenges to the preservation of African cultural heritage: the multi-billion dollar global trade in illicit heritage and, in certain parts of Africa, the threat of destruction of cultural treasures during bouts of sectarian violence. Klesmith discusses these challenges utilizing case studies concerning the cultural treasures of Nigeria and Mali. In the case of Nigeria, the country is striving to reacquire artifacts looted from the Benin Kingdom in the late nineteenth century and recently purchased …
Up In The Air Over Taxing Frequent Flyer Benefits: The American, Canadian, And Australian Experiences,
2014
Duke Law School
Up In The Air Over Taxing Frequent Flyer Benefits: The American, Canadian, And Australian Experiences, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England,
2014
Duke Law School
Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang
Faculty Scholarship
Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …
Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control,
2014
Duke Law School
Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale
Faculty Scholarship
In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico,
2014
Brigham Young University Law School
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
BYU Law Review
No abstract provided.
On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?,
2014
Barry University
On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius
Faculty Scholarship
No abstract provided.
