Penn State Law
Georgetown University Law Center
Yale Law School
American University Washington College of Law
Michigan State University College of Law
Duke Law School
University of Arkansas at Little Rock William H. Bowen School of Law
Indiana University Maurer School of Law
Altera, The Arm's Length Standard, And Customary International Tax Law,
2018
University of Michigan Law School
Altera, The Arm's Length Standard, And Customary International Tax Law, Reuven S. Avi-Yonah
MJIL Opinio Juris
The recent Altera case in the US Tax Court (on appeal to the Ninth Circuit) raises interesting issues in regard to the much-debated topic of whether customary international tax law (CITL) exists. Altera involved the question whether the cost of employee stock options should be included in the pool of costs that must be shared under a cost sharing agreement. In Xilinx, the Ninth Circuit held under a previous version of the regulations that these costs should not be included because unrelated parties operating at arm’s length would not have agreed to include them. Treasury then amended the regulation ...
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court,
2018
University of San Diego
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
San Diego International Law Journal
This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the ...
Policing Against The State: United Nations Policing As Violative Of Sovereignty,
2018
University of San Diego
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
San Diego International Law Journal
It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and ...
Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China,
2018
University of San Diego
Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green
San Diego International Law Journal
This Article presents an analysis of tort law in China specifically focusing on personal injury tort law. It provides a general background on the role of tort law in society, and then it analyzes the specific laws, regulations, and cases that form the personal injury tort regime, covering both historical and recent laws. The article then explores the forces in society and politics that seem to be behind the new legal rules. It concludes by drawing attention to several steps that may be taken as part of further reform.
Equality In Germany And The United States,
2018
University of San Diego
Equality In Germany And The United States, Edward J. Eberle
San Diego International Law Journal
This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability ...
The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity,
2018
University of San Diego
The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad
San Diego International Law Journal
To conclude on this issue, the rights of others, as individuals and as a whole, are formulated as the social protected interest that criminal law seeks to protect through criminal means, and it is with these rights that criminal law theory should be concerned in the first level of scrutiny. However, in the second level of scrutiny, an additional set of rights are brought into play; these are the rights of the individual, namely the actor, to exercise their constitutional rights e.g., free speech, liberty, free exercise of religion. The second level of scrutiny requires balancing those rights with ...
Foreword,
2018
University of San Diego
Foreword, Kate Ryzoc
San Diego International Law Journal
The United States has experienced unprecedented change over the last several months: the election of a black President, extreme volatility in the stock market, and the price of a barrel of gas dropping almost $100 in five months. However, these events on U.S. soil remind us how globally connected the world is. The election of Barack Obama caused global celebration. The economic downturn in the U.S. induced Britain, France, and others to execute massive stimulus packages. And when the price of a barrel of gas hit highs and lows, international markets reacted.
These international impacts remind us that ...
Masthead, Mission Statement, And Table Of Contents,
2018
University of California, Irvine School of Law
Masthead, Mission Statement, And Table Of Contents
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
Cross-Border Student Flows And The Construction Of International Law As A Transnational Legal Field,
2018
University of California, Irvine School of Law
Cross-Border Student Flows And The Construction Of International Law As A Transnational Legal Field, Anthea Roberts
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
Sticky Floors, Springboards, Stairways & Slow Escalators: Mobility Pathways And Preferences Of International Students In U.S. Law Schools,
2018
University of California, Irvine School of Law
Sticky Floors, Springboards, Stairways & Slow Escalators: Mobility Pathways And Preferences Of International Students In U.S. Law Schools, Carole Silver, Swethaa S. Ballakrishnen
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
Who Wants The Global Law School?,
2018
University of California, Irvine School of Law
Who Wants The Global Law School?, Kevin E. Davis, Xinyi Zhang
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
Who Rules The World? The Educational Capital Of The International Judiciary,
2018
University of California, Irvine School of Law
Who Rules The World? The Educational Capital Of The International Judiciary, Mikael Rask Madsen
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
The Unstoppable Force, The Immovable Object: Challenges For Structuring A Cosmopolitan Legal Education In Brazil,
2018
University of California, Irvine School of Law
The Unstoppable Force, The Immovable Object: Challenges For Structuring A Cosmopolitan Legal Education In Brazil, Oscar Vilhena Vieira, José Garcez Ghirardi
UC Irvine Journal of International, Transnational, and Comparative Law
This Article discusses the challenges for structuring a more
cosmopolitan legal education in the global South without falling in the
traps of legal colonialism, academic solipsism and social elitism. It does so
by examining the experience of FGV Direito SP, an attempt to create a
global Law school in Brazil. The Article suggests that understanding the
broad implications of a project for radically changing legal teaching in
Brazil requires a nuanced reading of the encounter between the purportedly
unstoppable force of globalization and the supposedly immovable object of
traditional legal institutions.
This Article is organized in four sections. The first ...
Battles Around Legal Education Reform: From Entrenched Local Legal Oligarchies To Oligopolistic Universals. India As A Case Study,
2018
University of California, Irvine School of Law
Battles Around Legal Education Reform: From Entrenched Local Legal Oligarchies To Oligopolistic Universals. India As A Case Study, Yves Dezalay, Bryant G. Garth
UC Irvine Journal of International, Transnational, and Comparative Law
No abstract provided.
Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia,
2018
Nova Southeastern University
Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart
ILSA Journal of International & Comparative Law
No abstract provided.
Si Hay Leyes De Antidiscriminiciòn ¿Por Qué Las Mujeres No Demandan Justicia? Una Mirada Al Litigo De Discriminaciòn De Género Casi Ausente En Brasil,
2018
Labor courts of Brazil
Si Hay Leyes De Antidiscriminiciòn ¿Por Qué Las Mujeres No Demandan Justicia? Una Mirada Al Litigo De Discriminaciòn De Género Casi Ausente En Brasil, Cesar Zucatti Pritsch
ILSA Journal of International & Comparative Law
No abstract provided.
Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?,
2018
International Committee for the Red Cross's Regional Delegation for the United States and Canada
Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison
ILSA Journal of International & Comparative Law
No abstract provided.
Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia,
2018
Nova Southeastern University
Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart
ILSA Journal of International & Comparative Law
No abstract provided.
If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil,
2018
Labor courts of Brazil
If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch
ILSA Journal of International & Comparative Law
No abstract provided.
Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?,
2018
International Committee for the Red Cross's Regional Delegation for the U.S. and Canada
Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison
ILSA Journal of International & Comparative Law
No abstract provided.
