Comparative and Foreign Law Commons^™

Judicial Retirement And Return To Practice, Mary Clark

Articles in Law Reviews & Other Academic Journals

This Article engages recent scholarly debates about U.S. Supreme Court tenure and retirement practices, specifically those concerning the merits of adopting eighteen-year term limits or mandatory retirement for Supreme Court Justices. It broadens the discussion by including all Article III judges and by addressing former Article III judges’ return to practice following resignation or retirement, which has been largely ignored in the literature to date despite what I have found to be the return-to-practice rate of over forty percent in the last two decades.

This Article advocates retaining life tenure because it promotes institutional and individual judicial independence better than …

Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi

Articles

This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …

Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …

Hiv/Aids And Human Rights In Botswana And Swaziland: A Matter Of Dignity And Health, Vincent Iacopino, Sheri D. Weiser, Madhavi Dandu, David Tuller

UC Law SF International Law Review

A health and human rights framework provides a comprehensive perspective for understanding complex interactions between HIV/AIDS, human rights, and the health of individuals and communities. By helping to identify a broad range of social factors that affect health, such a framework also facilitates the development of interventions and policies that maximize both health and human rights benefits. In this Article, we discuss the various linkages between health and human rights and review the literature on HIV/AIDS and human rights, with a focus on under-resourced settings. In particular, we examine how the framework is relevant to the specific epidemics in Botswana …

Immigration, Crime, And Public Perception: Victimization Legislation In The United States And Canada - Can The U Visa Serve As A Model?, Bettina Rodriguez Schlegel

UC Law SF International Law Review

This Note compares the forces behind the creation and the implementation of crime victim visa legislation in the United States and Canada. Both are recognized globally as important immigrant-receiving nations with long histories of reliance on immigrant populations for economic growth and expansion. Both states have crafted immigration policies in line with their economic needs and societal perceptions of immigrants in relation to the dominant culture mores. This Note analyzes the two nation's historical trends in relation to immigration as a stepping stone towards understanding the current realities of immigrant life in North America and delves in to the impacts …

Universal Jurisdiction To Prosecute Human Trafficking: Analyzing The Practical Impact Of A Jurisdictional Change In Federal Law, John Reynolds

UC Law SF International Law Review

Human trafficking is fast-growing international dilemma. This note evaluates the potential of universal jurisdiction to prosecute human trafficking to mitigate the crime's impact. Analogies are drawn to slavery and piracy, the paradigm crimes subject to universal jurisdiction. This note will also explore alternative approaches to combating human trafficking - political and economic approaches that attempt to undercut the root causes of human trafficking.

Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay

UC Law SF International Law Review

This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …

Immunity, Italian Style: Silvio Berlusconi Versus The Italian Legal System, Brendan Quigley

UC Law SF International Law Review

Italian Prime Minister Silvio Berlusconi is Italy's longest serving Prime Minister since the founding of the First Italian Republic in 1946. He is also one of Italy's richest men, owed largely to a vast media empire encompassing private television, film production, publishing, insurance, and banking. In conjunction with this private wealth and influence, the Prime Minister's political clout has afforded him virtually unparalleled power within Italy. Despite the scope of his influence, however, Berlusconi has been a constant subject of legal controversy since his rise to power in the early to mid 1990s. Over the years, he has been accused …

Uprooted Justice: Transformations Of Law And Everyday Life In Northern Thailand, David M. Engel

Journal Articles

Studies of law in everyday life tend to view law either as instrumental in shaping specific decisions and practices or as constitutive of the cultural categories through which humans apprehend their world and perceive law as relevant to a greater or lesser extent. This article, however, suggests that circumstances may arise in which law’s role in relation to everyday life is neither instrumental nor constitutive but instead becomes one of radical dissociation. Based on an analysis of injuries in northern Thailand, it examines two transformational episodes in Thai legal and political history. The first occurred at the turn of the …

Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi

Faculty Working Papers

Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of "reform," defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as …

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.

The Constitutional Imperative Of Equitably Distributing The Proceeds Of Mineral Resource Extraction From China's Ethnic Minority Autonomous Areas, Lin Feng, Jason Buhi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Speeches: The Cicl Lecture On International And Comparative Law, Mortimer N.S. Sellers

University of Baltimore Law Review

No abstract provided.

What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin

NYLS Law Review

No abstract provided.

Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp

NYLS Law Review

No abstract provided.

The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant

All Faculty Publications

The author of this article argues that Canada’s current approach to the criminalization of HIV transmission is deeply flawed and cries out for clarification. The article first considers the risk of transmission of HIV under various conditions, as determined by recent scientific studies, and concludes that HIV is not easily transmissible through sexual activity. It next examines several crucial factors that contribute to the significance, or lack of significance, of sexual activity by HIV-positive individuals, concluding that the current law creates a “numbers game” for triers of fact. The article then proceeds to a comparative analysis of other Commonwealth countries, …

When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis

Richmond Journal of Global Law & Business

No abstract provided.

Arab Spring Brings Winds Of Change To The Maghreb And Mena Region: Does That Spell Opportunity For Infrastructure Development And Project Finance?, Silvano Domenico Orsi

Richmond Journal of Global Law & Business

No abstract provided.

After Lehman: International Response To Financial Disputes - A Focus On Hong Kong, Shahla F. Ali, John Koon Wang Kwok

Richmond Journal of Global Law & Business

No abstract provided.

Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Richmond Journal of Global Law & Business

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …