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Carrot Or Stick?: The Balance Of Values In Qualified Intermediary Reform, Steven Nathaniel Zane 2010 Boston College Law School

Carrot Or Stick?: The Balance Of Values In Qualified Intermediary Reform, Steven Nathaniel Zane

Boston College International and Comparative Law Review

The qualified intermediary program allows foreign financial institutions to assume certain tax responsibilities ordinarily borne by U.S. withholding agents. The purpose of the program is to collect more foreign taxpayer information by creating a more direct link between the I.R.S. and recipients of foreign income payments. By accepting more responsibility, qualified intermediaries are provided numerous benefits that make business less costly. Nevertheless, the program has recently come under attack due to perceived abuse by wealthy U.S. citizens who use the system to evade income taxes. In response, the Obama Administration proposes numerous changes to the program ...


"Where Is My Vote?": Democratizing Iranian Election Law Through International Legal Recourse, Tanya Otsuka 2010 Boston College Law School

"Where Is My Vote?": Democratizing Iranian Election Law Through International Legal Recourse, Tanya Otsuka

Boston College International and Comparative Law Review

In 2009, massive demonstrations ensued in response to the allegedly fraudulent reelection of Iranian president Mahmoud Ahmadinejad. The Iranian government met these protests with violence, imprison-ment, and death. Yet, given the Iranian government’s structure and election law, the ability to resolve election disputes through domestic legal means is virtually non-existent. Many provisions of Iranian election law are democratically flawed, even though Iran is a party to numerous international agreements requiring free and fair elections. This Note examines the availability of international legal recourse for the provisions of Iran’s election law that fail to live up to these standards ...


Taming The Perfect Poison: A Comparative Analysis Of The Emea's Epar System And The Fda's Improved Warning Protocol, Nicholas R. kennedy 2010 Boston College Law School

Taming The Perfect Poison: A Comparative Analysis Of The Emea's Epar System And The Fda's Improved Warning Protocol, Nicholas R. Kennedy

Boston College International and Comparative Law Review

In Europe and the United States, regulatory agencies responsible for monitoring drug safety have struggled to address the health concerns raised by the burgeoning market for minimally invasive cosmetic procedures utilizing botulinum toxins, the active ingredients in Botox. A 2005 study published in the Journal of the American Academy of Dermatology drew attention to these shortcomings after an analysis of adverse event reports submitted to the Food and Drug Administration (FDA) linked twenty-eight patient deaths to Botox-induced respiratory arrest and myocardial infarction. After an independent review of adverse effects reports submitted to the European Medicines Agency (EMEA) revealed similar findings ...


China's Anti-Monopoly Law: Protectionism Or A Great Leap Forward?, Britton Davis 2010 Boston College Law School

China's Anti-Monopoly Law: Protectionism Or A Great Leap Forward?, Britton Davis

Boston College International and Comparative Law Review

Thirty years since China’s markets opened to the world, the People’s Republic has seen impressive growth, in large part due to an openness to foreign investment. In 2009, China was one of few nations to experience GDP growth. With a market based on competition for the first time in decades, China has begun to promulgate antitrust legislation to curb anticompetitive behavior. The creation of an Anti-Monopoly Law in 2008 has prompted concern from outside China that the law will be used to promote a protectionist agenda, shielding Chinese domestic industry from foreign competition or investment. This Note examines ...


Piracy Laws And The Effective Prosecution Of Pirates, Diana Chang 2010 Boston College Law School

Piracy Laws And The Effective Prosecution Of Pirates, Diana Chang

Boston College International and Comparative Law Review

This Note analyzes the current international legal framework for the punishment and prosecution of maritime piracy. Piracy is an international problem that disrupts global maritime trade and endangers the safety and security of crewmen and ship owners. Although it is a well-recognized principle that each state has universal jurisdiction to prosecute pirates, the conflicting international definitions of piracy and the preponderance of attacks near states that lack resources to effectively prosecute pirates create a gap in enforcement within the international legal framework. This Note proposes that cooperating states should establish regional international piracy tribunals that can apply an appropriate, uniform ...


From "Personal Autonomy" To "Death-On-Demand": Will Purdy V. Dpp Legalize Assisted Suicide In The United Kingdom?, Carol C. Cleary 2010 Boston College Law School

From "Personal Autonomy" To "Death-On-Demand": Will Purdy V. Dpp Legalize Assisted Suicide In The United Kingdom?, Carol C. Cleary

Boston College International and Comparative Law Review

Debates over end-of-life issues and the “right to die” are becoming increasingly prevalent in many modern societies. In July 2009 the House of Lords addressed the question of whether the legal framework governing assisted suicide in the United Kingdom constitutes an unjustifiable infringement on privacy rights. The court decided that question in the affirmative, and this Note discusses the implications of Purdy v. Director of Public Prosecutions for the legality of assisted suicide in the United Kingdom. This Note uses evidence of legal developments in other jurisdictions that have grounded the right to assisted suicide in personal autonomy to argue ...


European Approaches To Fighting Terrorism, Elies Van Sliedregt 2010 Duke Law

European Approaches To Fighting Terrorism, Elies Van Sliedregt

Duke Journal of Comparative & International Law

No abstract provided.


The Legal Battle To Define The Law On Transnational Asymmetric Warfare, Eyal Benvenisti 2010 Duke Law

The Legal Battle To Define The Law On Transnational Asymmetric Warfare, Eyal Benvenisti

Duke Journal of Comparative & International Law

No abstract provided.


Challenges Of Twenty-First Century Conflicts: A Look At Direct Participation In Hostilities, Jamie A. Williamson 2010 Duke Law

Challenges Of Twenty-First Century Conflicts: A Look At Direct Participation In Hostilities, Jamie A. Williamson

Duke Journal of Comparative & International Law

No abstract provided.


The Torture Lawyers, Michael P. Scharf 2010 Duke Law

The Torture Lawyers, Michael P. Scharf

Duke Journal of Comparative & International Law

No abstract provided.


Reconsidering Reprisals, Michael A. Newton 2010 Duke Law

Reconsidering Reprisals, Michael A. Newton

Duke Journal of Comparative & International Law

No abstract provided.


The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman 2010 Duke Law

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Duke Journal of Comparative & International Law

No abstract provided.


Normative And Legal Pluralism: A Global Perspective, William Twining 2010 Duke Law

Normative And Legal Pluralism: A Global Perspective, William Twining

Duke Journal of Comparative & International Law

This lecture sets out to demystify the topic of legal pluralism by examining the relationship between legal pluralism, normative pluralism, and general normative theory from a global perspective. The central theme is that treating legal pluralism as a species of normative pluralism decenters the state, links legal pluralism to a rich body of literature, and helps to show that some of the central puzzlements surrounding the topic can usefully be viewed as much broader issues in the general theory of norms and legal theory. A second theme is that so-called “global legal pluralism” is in several respects qualitatively different from ...


National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney 2010 Osgoode Hall Law School of York University

National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney

Osgoode Hall Law Journal

The communications surveillance powers granted to Canada's national security agencies have rarely resulted in prosecution and, as a result, have been subject to very little judicial, academic, or public scrutiny. However, as the state increasingly seeks to prosecute alleged terrorists, courts will have to interpret the scope of these powers and decide whether they violate section 8 of the Canadian Charter of Rights and Freedoms (the Charter). A review of the powers granted to police, the Canadian Security Intelligence Service (CSIS), and the Communications Security Establishment Canada (CSEC) reveals two constitutional infirmities: allowing police to conduct communications surveillance in ...


Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel 2010 American University Washington College of Law

Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel

American University Law Review

No abstract provided.


The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios 2010 Osgoode Hall Law School of York University

The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios

Osgoode Hall Law Journal

This article asks and answers the question of what conditions must be met for a constitutional regime to enjoy democratic legitimacy. It argues that the democratic legitimacy of a constitutional regime depends on its susceptibility to democratic re-constitution. In other words, it argues that a constitution must provide an opening, a means of egress for constituent power to manifest from time to time. In developing this argument, the article advances a distinction between ordinary constitutional reform -- understood as subject to certain limits -- and the exercise of constituent power through which a society produces novel juridical forms without being subject to ...


Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell 2010 Duke Law

Corporal Punishment In The Public Schools: An Analysis Of Federal Constitutional Claims, Courtney Mitchell

Law and Contemporary Problems

No abstract provided.


Presidential Promises And The Uniting American Families Act: Bringing Same-Sex Immigration Rights To The United States, Sara E. Farber 2010 Boston College Law School

Presidential Promises And The Uniting American Families Act: Bringing Same-Sex Immigration Rights To The United States, Sara E. Farber

Boston College Third World Law Journal

Binational same-sex couples in the United States all too often face a difficult reality. Due to discriminatory immigration laws, which prevent United States citizens from sponsoring their same-sex partners for permanent residence, same-sex couples must choose between deportation and separating their families. The Uniting American Families Act, however, offers a remedy to this unacceptable inequality. Yet the Act currently does not have the congressional support it needs to pass. This Note argues that President Obama, as the country’s Executive, should use his “bully pulpit” to inspire the Act’s passage. Specifically, this Note examines the manifestation and extent of ...


Tribal Marriages, Same-Sex Unions, And An Interstate Recognition Conundrum, Mark P. Strasser 2010 Capital University Law School

Tribal Marriages, Same-Sex Unions, And An Interstate Recognition Conundrum, Mark P. Strasser

Boston College Third World Law Journal

This Article focuses on the reasons for state and federal recognition of Native American polygamous unions and the implications of states’ recognition of these unions for the validity of same-sex marriages across state lines. It discusses some historical Native American domestic relations practices and explains why states recognized certain Native American marital unions that would not have been recognized had they been celebrated locally. This Article also analyzes the significance of the recognition of these unions for the debate surrounding recognition of same-sex unions. The historical treatment of Native American polygamous unions suggests Congress has the power to assure that ...


Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers 2010 St. John's University School of Law

Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers

Boston College Third World Law Journal

DNA technology revolutionized criminal law, family law and trust and estates practice. It is now revolutionizing immigration law. Currently the Department of Homeland Security does not require DNA tests, but it recommends these tests when primary documentation, such as marriage licenses, birth certificates and adoption papers are not available to prove the relationship between the U.S. citizen petitioner and the beneficiary who is seeking permanent resident status in the United States. DNA tests are attractive to the government as a result of administrative convenience and as a means of countering fraud, but adoption of a wholesale policy of DNA ...


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