Is China A “Rule-By-Law” Regime?,
2019
University of California, San Diego
Is China A “Rule-By-Law” Regime?, Kwai Hang Ng
Buffalo Law Review
No abstract provided.
The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market,
2019
Texas A&M University School of Law
The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market, Irene Calboli
Faculty Scholarship
The Symposium in which this essay is published features recent developments in the law of intellectual property (IP) in Asia. In this essay, I focus on the Association of South East-Asian Nations (ASEAN), a region that I have had the opportunity to visit extensively in the past several years. In particular, I analyze the enforcement of IP rights in the context of the application of the principle of IP exhaustion in individual ASEAN Members, and the relationship between this principle and free movement of goods within the ASEAN region. In the past, I have addressed the same topic with respect …
Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit,
2019
Yale Law School
Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman
Chicago-Kent Law Review
Established public law principles are under strain from the prospect of Brexit in the United Kingdom and the Trump Administration in the United States. In the United Kingdom the Parliament is playing an increasingly important role in overseeing the Government, and the judiciary is beginning to support democratic accountability in executive policymaking. In the United States, possible statutory changes and the power of the president to reshape the public administration are of concern. Although in the United States the most draconian measures will likely die with the return of the House to Democratic Party control, they may remain on the …
Transformative Constitutions And The Role Of Integrity Institutions In Tempering Power: The Case Of Resistance To State Capture In Post-Apartheid South Africa,
2019
University of Wisconsin and University of the Witwatersrand
Transformative Constitutions And The Role Of Integrity Institutions In Tempering Power: The Case Of Resistance To State Capture In Post-Apartheid South Africa, Heinz Klug
Buffalo Law Review
No abstract provided.
Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement,
2019
University of Michigan Law School
Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky
Michigan Journal of International Law
This Note evaluates solutions to the problems of overlapping liability in general and multi-jurisdictional disgorgement in particular. Part I traces the origins of international anti-corruption efforts and provides an overview of the Foreign Corrupt Practices Act (the “FCPA”). It then discusses the two most significant international anti-corruption conventions: the OECD’s Convention on Combatting Bribery of Foreign Officials in International Business Transactions (the “OECD Convention”) and the United Nations Convention Against Corruption (“UNCAC”). Part II lays out the problems created by the lack of a formal mechanism to prevent overlapping liability— a phenomenon that violates the common law concept known as …
From Nuisance To Environmental Protection In Continental Europe,
2019
Texas A&M University School of Law
From Nuisance To Environmental Protection In Continental Europe, Vanessa Casado-Pérez, Carlos Gomez Liguerre
Faculty Scholarship
This paper analyzes the evolution and complexity of the legal response to neighboring conflicts in European civil law countries. All of the civil codes analyzed (France, Germany, Spain, Netherlands, and Catalonia) are based on Roman Law rules that are not always clear. The fuzziness of those Roman Law rules explains, in part, why despite this common origin, the Civil Codes did not respond homogeneously to nuisances. The first subsection briefly describes the institution of nuisance in Roman Law. Then, the paper describes the original codification of nuisance and the changes in the treatment of this institution. After assessing the initial …
Why Didn't The Common Law Follow The Flag?,
2019
Notre Dame Law School
Why Didn't The Common Law Follow The Flag?, Christian Burset
Journal Articles
This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …
Implementing The Extraterritoriality Principle To Strengthen Competition Law Enforcement In Indonesia In The Aec Era: A Comparative Study,
2019
Gadjah Mada University, Indonesia
Implementing The Extraterritoriality Principle To Strengthen Competition Law Enforcement In Indonesia In The Aec Era: A Comparative Study, Muhammad Rifky Wicaksono, Kusuma Raditya, Laurensia Andrini, Muhammad Hawin
Indonesia Law Review
The regional economic integration that ensues from the ASEAN Economy Community will provide its members not only with boundless opportunities for economic growth, but also with unprecedented challenges. The demands of a more interconnected regional economy would require the Indonesian government, as guardians of the competitive process in the Indonesian market, to protect it from anticompetitive conduct caused from both within and outside of its borders. However, there is a major gap since Indonesia’s current competition law does not provide KPPU with the jurisdiction to investigate, prosecute or punish violations committed by business actors located outside of Indonesia’s territory. Thus, …
The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?,
2019
Private Law Department, Faculty of Law, University of North Sumatra, Indonesia
The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan
Indonesia Law Review
This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates …
The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada,
2019
Selected Works
The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross
John Cross
No abstract provided.
Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies,
2019
University of Miami Law School
Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii
University of Miami Inter-American Law Review
No abstract provided.
Mexico’S National Anti-Corruption System: Reaching The Finish Line?,
2019
National Autonomous University of Mexico Faculty of Law
Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca
University of Miami Inter-American Law Review
No abstract provided.
Simple Legal Writing Can Improve Business Outcomes In Latin America,
2019
University of Miami Law School
Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki
University of Miami Inter-American Law Review
No abstract provided.
Talking Foreign Policy: Untangling The Yemen Crisis,
2019
Cleveland-Marshall College of Law, Cleveland State University
Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham
Law Faculty Articles and Essays
Talking Foreign Policy is a production of Case Western Reserve University and is produced in partnership with 90.3 FM WCPN ideastream. Questions and comments about the topics discussed on the show, or to suggest future topics, go to talkingforeignpolicy@case.edu.
Freedom Of Religion And Belief In India And Australia: An Introductory Comparative Assessment Of Two Federal Constitutional Democracies,
2019
Adelaide Law School, University of Adelaide, Australia
Freedom Of Religion And Belief In India And Australia: An Introductory Comparative Assessment Of Two Federal Constitutional Democracies, Paul T. Babie, Arvind P. Bhanu
Pace Law Review
This article considers the freedom of religion and belief (“free exercise”) in two secular federal constitutional democracies: India and Australia. Both constitutional systems emerged from the former British Empire and both continue in membership of the Commonwealth of Nations, which succeeded it. However, the similarities end there, for while both separate church and state, and protect free exercise, they do so in very different ways. On the one hand, the Indian Constitution contains express provisions which comprehensively deal with free exercise. On the other hand, while one finds what might appear a protection for free exercise in the Australian Constitution, …
The Regulation Of Insider Trading In The
European Community,
2019
Selected Works
The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren Iii
Manning G. Warren III
No abstract provided.
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers,
2019
Washington and Lee University School of Law
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
James E. Moliterno
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
Morning Session,
2019
Golden Gate University School of Law
Morning Session, Professor Dr. Remigius Chibueze, Anthony Niedwiecki
Fulbright Symposium
Welcome & Introductions.
The Banking/Commercial Separation Doctrine In Comparative Perspective,
2019
Allard School of Law at the University of British Columbia
The Banking/Commercial Separation Doctrine In Comparative Perspective, Cristie Ford
All Faculty Publications
This report, prepared for the Department of Finance, Government of Canada, summarizes research undertaken across five jurisdictions – Australia, Japan, Singapore, the United Kingdom (UK), and the United States (US, federal level only) – with respect to a particular kind of boundary on the business of banking: the separation of banking business from commercial business. “Commercial” here means the provision of non-financial goods and services. This separation exists under what in the United States has long been referred to as the “banking/commercial separation doctrine”. The report considers the historical justifications for the doctrine in the context of the modern “business …
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women,
2019
William & Mary Law School
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
