Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?, 2014 Dalhousie University Schulich School of Law
Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
The Union of South American Nations (Unasur) presents the most recent vision for trade liberalization and political, economic, and social integration amongst South American countries. Unasur has set 2019 as the year by which it hopes to accomplish many of its goals, such as full regional integration and tariff elimination. But, as 2019 slowly approaches, it remains to be seen whether Unasur will in fact be able to reach these goals. While Unasur’s future is certainly compelling, before heralding Unasur as the long-awaited panacea for pure regional integration, important lessons can be drawn from previous attempts at and iterations of …
Faustian Perspective On Digitization: Making A Deal With The Devil, 2014 Dalhousie University Schulich School of Law
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Articles, Book Chapters, & Popular Press
Digitization of library material, archives and museum collections, arts organizations repositories is progressing rapidly, and opens up new possibilities of accessing, using and re-using the knowledge embodied in cultural heritage. By giving new purpose and function to works, it enhances the value of the public domain and enriches the public sphere. However, digitization also creates the conditions for the rise of new proprietary entitlements over cultural objects. Such ‘informational monopolies’ are often justified as necessary to recoup the high costs of digitization, or as the basis to provide additional sources of income for the cultural institutions. At the same time, …
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Corruption, Corporations, And The New Human Right, 2014 University of Richmond
Corruption, Corporations, And The New Human Right, Andrew B. Spalding
Law Faculty Publications
We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an antibribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties from multinational corporate defendants. Scholars have not associated the FCPA with human rights, owing principally to a thin understanding of rights theory. But freedom from corruption can and should be understood as a human right, one that is as old as social contract theory but new …
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, 2014 Indiana University Kelley School of Business
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Michigan Journal of International Law
At a time of U.S. budget cuts, popularly known as the “sequester,” court systems across the nation are facing financial shortfalls. Small claims courts are no exception. Among the worst hit states is California, which is suffering staffing cutbacks that result in long delays prompting consideration of the old maxim, “justice delayed is justice denied.” Similar problems, albeit on a larger scale, are evident in other nations including India where the Law Commission has argued that the millions of pending cases combined with the lagging uptake of technological best practices has impeded judicial productivity, leading to “disappointment and dissatisfaction among …
Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, 2014 Southern Methodist University, Dedman School of Law
Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last decade, the European Union has adopted legislation that calls for the mutual recognition of arrest warrants, investigation orders, and penal judgments. These laws have aimed to strengthen the Union’s response to transnational crime, and EU policymakers are currently considering legislation to further harmonize the Union's law enforcement efforts. This Article compares these developments within the EU to the U.S. legal framework on mutual recognition in criminal matters. It examines the individual, state and systemic interests that U.S. state courts have considered in deciding whether to recognize other states' judgments, warrants, or investigative actions. These competing interests have …
Book Review. The Undignified Part Of Constitutional Analysis, 2014 Indiana University Maurer School of Law
Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Systematic Government Access To Private-Sector Data Redux, 2014 Indiana University Maurer School of Law
Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Grappling At The Grassroots: Access To Justice In India's Lower Tier, 2014 Indiana University Maurer School of Law
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Articles by Maurer Faculty
From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …
A New Regulatory Framework For Low-Impact/High-Value Aquaculture In Nova Scotia, 2014 Dalhousie University Schulich School of Law
A New Regulatory Framework For Low-Impact/High-Value Aquaculture In Nova Scotia, Meinhard Doelle, William Lahey
Reports & Public Policy Documents
The report is the result of a detailed assessment of aquaculture regulations in Nova Scotia. It proposes a new regulatory framework for the Nova Scotia aquaculture industry based on the principles of effectiveness, openness, transparency, accountability, proportionality, integration, and precaution. The report is based on a 18 months independent review of the industry and how it is regulated, as well as various forms of engagement with the public and key stakeholders. The report draws on regulatory practice in key jurisdictions around the world, including Scotland, Chile, the US, and other provinces in Canada.
Warrant Canaries Beyond The First Amendment: A Comment, 2014 Dalhousie University Schulich School of Law
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
“. . . Speak Now Or Forever Hold Your Peace . . .” —The Influence Of Constitutional Argument On Same-Sex Marriage Legislation Debates In Australia, 2014 Brigham Young University Law School
“. . . Speak Now Or Forever Hold Your Peace . . .” —The Influence Of Constitutional Argument On Same-Sex Marriage Legislation Debates In Australia, Neville Rochow
BYU Law Review
No abstract provided.
Translating Religious Principles Into German Law: Boundaries And Contradictions, 2014 Allard School of Law at the University of British Columbia
Translating Religious Principles Into German Law: Boundaries And Contradictions, Pascale Fournier, Régine Tremblay
All Faculty Publications
First we present the basic rules of Islamic and Jewish law and the German state law that regulates them. Next we contend that the boundaries for shaping and applying religious norms are blurry. We argue that the conflicting outcomes might be explained by boundless discretion and informality in the religious adjudication process, but that this structure is not foreign to so-called secular family law. Thus, if the project of recognizing religious principles when it comes to family law is to be maintained, it must take stock of the conceptual and practical conflicts that inhere to the sphere of family law, …
Comparative Criminal Law, 2014 University at Buffalo School of Law
Comparative Criminal Law, Luis E. Chiesa
Contributions to Books
Published as Chapter 47 in The Oxford Handbook of Criminal Law, Markus Dubber & Tatjana Hörnle, eds.
Criminal law is a parochial discipline. Courts and scholars in the English speaking world seldom take seriously the criminal statutes, cases and scholarly writings published in the non-English speaking world. The same is true the other way around. This is unfortunate. Much can be learned from comparing the way in which the world’s leading legal systems approach important questions of criminal theory.
This Chapter introduces the reader to comparative criminal law with the aim of demonstrating how comparative analysis can enrich both domestic …
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), 2014 University of Pennsylvania Carey Law School
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer
All Faculty Scholarship
Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …
Defending The Environment: A Mission For The World's Militaries, 2014 Emory University School of Law
Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt
Faculty Articles
Critics often fault the U.S. military for its environmental stewardship, and legal scholarship frequently highlights efforts by the military· to seek national security exemptions from various environmental laws and the military's poor cleanup record Yet the Department of Defense ("DoD '') is largely subject to and complies with the fall array of American environmental laws in the same manner and extent as any agency of the federal government. While the military 's environmental record is far from perfect, a comparative legal survey shows that the U.S. is at the relative forefront of effectively balancing environmental stewardship with national security.
This …
Parliamentary Groups In The Evolving Italian Political System, 2014 Duquesne University
Parliamentary Groups In The Evolving Italian Political System, Vito Cozzoli
Duquesne Law Review
No abstract provided.
Procedural Justice Beyond Borders: Mediation In Ghana, 2014 Fordham University School of Law
Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline Nolan-Haley, James Kwasi Annor-Ohene
Faculty Scholarship
Ghana enacted comprehensive alternative dispute resolution legislation in 2010 with the specific goals of providing access to justice and promoting domestic and foreign direct investment (The Act). A significant aspect of the Act was the inclusion of customary arbitration and mediation. The focus of this Article is on mediation as this is the first time that mediation has been included in a statute in Ghana. The Act’s definition of mediation reflects an understanding of the mediation process based upon the western values of individual autonomy and party self-determination. These principles represent a significant departure from the more communal values of …
Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, 2014 UC Hastings College of the Law
Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss
Faculty Scholarship
No abstract provided.
Exporting Standards: The Externalization Of The Eu's Regulatory Power Via Markets, 2014 Columbia Law School
Exporting Standards: The Externalization Of The Eu's Regulatory Power Via Markets, Anu Bradford
Faculty Scholarship
This Article examines the unprecedented and deeply underestimated global power that the EU is exercising through its legal institutions and standards, and how it successfully exports that influence to the rest of the world. Introducing the notion of “the Brussels Effect,” the Article shows how market forces alone are sufficient to convert EU standards into global standards. Without the need to use international institutions or seek other nations’ cooperation, the EU has a strong and growing ability to promulgate regulations that become entrenched in the legal frameworks of developed and developing markets alike, leading to a notable “Europeanization” of many …