Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?,
2019
University of Georgia School of Law
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects,
2019
Chinese University of Hong Kong
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian
Georgia Journal of International & Comparative Law
No abstract provided.
Building Integration Through The Bill Of Rights? The European Union At The Mirror,
2019
Department of Legal Studies, Bocconi University
Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents And Masthead - Vol. 47, Issue No. 1,
2019
University of Georgia School of Law
Table Of Contents And Masthead - Vol. 47, Issue No. 1, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Text Of Remarks On Panel: Codes Of Conduct And Transparency,
2019
Selected Works
Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams
Cynthia A. Williams
No abstract provided.
Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis,
2019
Loyola University Chicago, School of Law
Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno
James T Gathii
Kenya’s form of quasi-federalism termed devolution was introduced under the Constitution of Kenya (2010) (‘2010 Constitution’). This governance system establishes 47 county governments which are constitutionally independent sub-national units with direct election of county level leaders. Given the complexity of devolution’s relationship to national politics, as well as the broad variation in how devolution has unfolded in the 47 counties since 2013, this article argues in favour of a situation-specific assessment of devolution in Kenya. This analysis departs from the emerging scholarly consensus of devolution in Kenya represented in two predominant approaches. One approach contends that devolution in Kenya has …
On Hostility And Hospitality: Othering Pierre Legrand,
2019
Washington and Lee University School of Law
On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller
Russell A. Miller
Pierre Legrand's return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist's absence from one of the discipline's leading scholarly fora. One reason is the widespread disdain aimed at Legrand as a result of his persistent, sharply critical, and often pointedly personal crusade against the discipline's accepted approaches and their most prominent practitioners. This is partly the nature of the article he publishes in this collection, which features a no-holds-bared, uncomplimentary assessment of the work of James Gordley. In this Article I argue that …
To Compare Or Not To Compare? Reading Justice Breyer,
2019
Washington and Lee University School of Law
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
Russell A. Miller
Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …
Germany Vs. Europe: The Principle Of Democracy In German Constitutional Law And The Troubled Future Of European Integration,
2019
Washington and Lee University School of Law
Germany Vs. Europe: The Principle Of Democracy In German Constitutional Law And The Troubled Future Of European Integration, Russell A. Miller
Russell A. Miller
This Article introduces the Demokratieprinzip. In Part II, I begin by more fully documenting the Euro-skeptical turn in Germany's relationship with Europe, paying particular attention to the central role played by the Constitutional Court's interpretation of the Demokratieprinzip. Part III, in four subparts, provides a doctrinal introduction to the principle of democracy. First, I map the principle's bases in the text of the German Grundgesetz (Basic Law or Constitution). Second, I present the gloss the Constitutional Court has given the principle, making special reference to the Court's recent decisions involving challenges to Germany's participation in measures seeking to advance European …
Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation,
2019
UC Law SF
Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson
UC Law SF International Law Review
Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …
Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act,
2019
UC Law SF
Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen
UC Law SF International Law Review
In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues …
Forging Taiwan’S Legal Identity,
2019
Brooklyn Law School
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Prefatory Matter,
2019
UC Law SF
Transitional Justice In Taiwan: Changes And Challenges,
2019
University of Washington School of Law
Transitional Justice In Taiwan: Changes And Challenges, Nien-Chung Chang-Liao, Yu-Jie Chen
Washington International Law Journal
Taiwan’s experience with transitional justice over the past three decades suggests that dealing with historical injustice is a dynamic and fluid process that is fundamentally shaped and constrained by the balance of power and socio-political reality in a particular transitional society. This Article provides a contextualized legal-political analysis of the evolution of Taiwan’s transitional justice regime, with special attention to its limits and challenges. Since Taiwan’s democratization began, the transitional justice project developed by the former authoritarian Chinese Nationalist Party (Kuomintang, KMT) has been rather disproportionately focused on restorative over retributive mechanisms, with the main emphasis placed on reparations and …
The "Gaps" And Excesses Of Transitional Justice In Taiwan—A Response To Caldwell,
2019
University of Washington School of Law
The "Gaps" And Excesses Of Transitional Justice In Taiwan—A Response To Caldwell, Ian Rowen
Washington International Law Journal
Ernest Caldwell’s legal history of transitional justice in Taiwan provides scholars a great service by periodizing and clearly summarizing key moments for the formulation and passage of relevant legislation. In so doing, however, it frames ongoing and perhaps ultimately unresolvable struggles over the meaning of history and the possibility of redress for past injustices as “gaps” within “Taiwan’s transitional justice experience,” belying a seemingly ahistorical conceptualization of transitional justice. The language of “gaps” suggests that transitional justice is a practice with a clearly defined and universally-accepted template, toolkit, and timeline, such that there is a commonly-understood set of criteria by …
Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework,
2019
University of Washington School of Law
Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework, Jordan Elizabeth Pahl
Washington International Law Journal
This Comment examines three instances of laws banning hijab, the headscarf worn by many Muslim women. These laws, as enacted in Soviet Uzbekistan, France, and Tajikistan provide justifications for violence against women on a number of levels and, as such, violate the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The stigmatization of Muslim women these laws perpetuate result in women’s lack of access to work and education as guaranteed by CEDAW, and also act as a catalyst for violence against women who violate these laws. This paper argues that hijab suppression laws violate CEDAW …
Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan,
2019
University of Washington School of Law
Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan, Awi Mona
Washington International Law Journal
Transitional justice has received considerable attention in recent years in Taiwan. Despite all this attention, transitional justice is an issue that remains incomplete without addressing justice for indigenous peoples. This paper aims to focus on the essential characteristics of indigenous justice against the successive alien regimes. Though the fact that the national apology to indigenous peoples may have broken new ground in the government’s relationship with indigenous peoples, the common understanding of transitional justice has caused significant bitterness and frustration for indigenous peoples. Until the core significance of indigenous justice is essentially resolved, the existing uncertainty about reconciliation with indigenous …
The Rule Of Law And The Exploitation Of Children In Africa,
2019
UC Law SF
The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku
UC Law SF International Law Review
The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex, and …
Organ Donations: Why The Gift Of Life Ideology Is Losing Lives,
2019
UC Law SF
Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai
UC Law SF International Law Review
As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic organ …
Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan,
2019
University of Washington School of Law
Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan, Agnes S. Schick-Chen
Washington International Law Journal
Referring to Taiwan’s recent transitional justice legislation as a first tentative step towards the possibility of judicial solutions for problems of injustice dating from the authoritarian era, this paper elaborates chances and difficulties of introducing the judiciary to the ongoing processes of coming to terms with the past in Taiwan. It intends to argue that apart from the specific circumstances of Taiwan’s transition to democracy after the lifting of martial law in 1987, the avoidance of a judicial approach to transitional justice was both caused by and the reason for a deficit in narratives of judicial justice. Together with the …
