Foreign Law Commons^™

Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic

Touro Law Review

No abstract provided.

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.

Democracy, Courts And The Information Order, Gillian K. Hadfield, Dan Ryan

University of Southern California Law and Economics Working Paper Series

Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of the legal process is common, that there is too much litigation, that it is “all about the money,” and that “a bad settlement is better than a good trial.” This constellation of attitudes that emphasize the economic function of law suggests that courts are an expensive conflict resolution mechanism of last resort and that their use would be minimized in a healthy market-based democracy. In this paper we apply a new sociological framework to understand the meaning and function of civil litigation in a democratic ...

To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...

Administrative Courts In The Federal Republic Of Germany, Daniel L. Skoler, Cynthia E. Weixel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Judicial Suspensions And Due Process Under Venezuela's New Democratic Model , Brenda Brown Perez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Independence Of Administrative Tribunals In Canada: In Praise Of "Structural Heretics", H. N. Janisch

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Fair Play The Inquisitorial Way: A Review Of The Administrative Appeals Tribunal's Use Of Inquisitorial Procedures, Joan L. Dwyer

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Australia’S 2012 Privacy Act Revisions: Weaker Principles, More Powers, Nigel Waters, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

The Australian Government’s Privacy Amendment (Enhancing Privacy Protection) Act 2012 was enacted on 29 November 2012 but will not commence until March 2014. It contains the first significant amendments to the Privacy Act 1988 since 2001. The whole process took nearly seven years since the Australian Law Reform Commission (ALRC) started work on its privacy reform reference. This article focusses on those aspects of the law which have been changed, for better or worse. We have previously analysed the deficiencies of the Bill in articles and submissions , and the Bill was enacted with none of those deficiencies removed.

The ...

On The Need To Balance Endowments And Academic Integrity, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

As universities face revenues shortfalls due to national and global economic trends, administrators are forced to look for alternative funding streams. Some of the attractive options consist of creating satellite campuses in rich countries and accepting donors from individuals, corporations, and governments. What is the price of such new partnerships and what is the function of endowments for donors and the universities?

(Re)Arrangement Of State/Islam Relations In Egypt’S Constitutional Transition, Gianluca Paolo Parolin

New York University Public Law and Legal Theory Working Papers

After briefly framing state/shari‘ah relations in pre-2011 Egypt, the paper (1) describes the negotiations behind the (re)arrangement of shari‘ah-provisions in the new constitution, (2) analyzes the content of the new provisions in their Hegelian relation to the previous Supreme Constitutional Court jurisprudence—expounding on the complex articulation of the explanatory note to art. 2 (art. 219)—, and (c) considers the ramifications of the new arrangement, focusing on the impact of the mandatory referral to al-Azhar (art. 4).

China’S Npc Standing Committee Privacy Decision: A Small Step, Not A Great Leap Forward, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

The Decision of the Standing Committee of the National People’s Congress (NPC Standing Committee) of December 28, 2012 concerning data privacy and the internet (‘2012 Decision’) is the highest level law yet enacted in China to deal specifically with data protection issues. This article analyses that Decision, comparing its content with the MIIT Regulation directed at the same IISPs, and covering much of the same ground (see G Greenleaf ‘China's Internet Data Privacy Regulations 2012: 80 Percent of a Great Leap Forward?’ available at ).

The conclusion is reached that, other than that this Decision comes from the high ...

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Touro Law Review

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther ...

Contemporary Constitutional Changes In A Multipolar World: Any Role For International Law?, Katerina Uhlirova

Fulbright Symposium

Assistant Professor Kateřina Uhlířová is a Lecturer at the Masaryk University, Faculty of Law in Brno, Czech Republic. She teaches International Public Law (in Czech language), International Criminal Law, International Humanitarian Law, International and Domestic Law in International Tribunals, and Jessup Moot Court (in English). She previously interned as a law clerk at the Office of the President at the International Criminal Tribunal for the former Yugoslavia in The Hague and the War Crimes Chamber of the Court of Bosnia and Herzegovina in Sarajevo. Professor Uhlířová has lectured in various countries including the USA, the UK, Belgium, Germany, Italy, the ...

Antarctic Governance: From Atcm To A Permanent Antarctic Organization?, Li Chen

Fulbright Symposium

Professor Dr. Li Chen, Professor of Law,Fudan University School of Law; 2012-2013 Fulbright Visiting Research Scholar, Center for Oceans Law and Policy, University of Virginia, School of Law.

Climate Change And Sustainable Development Of Nigeria, Sunday Gozie Ogbodo

Fulbright Symposium

Dr. Sunday Gozie Ogbodo, Senior Lecturer and Deputy Coordinator of the Post-Graduate Program, Faculty of Law, University of Benin.