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The New Lex Mercatoria, Francesco Galgano 2010 Golden Gate University School of Law

The New Lex Mercatoria, Francesco Galgano

Annual Survey of International & Comparative Law

We live in a post-industrial era. We learn this from sociologists who demonstrate it by showing the index of the number of industrial employees is lower than that of service employees, thus, a transition from an industrial to a post-industrial era. The United States was the first to pass this point in 1956, while Italy passed it in 1982. Post-industrial society is not just a society of automation. The prefix "post" implies other aspects as well. Besides an industrial society there is also a financial society. What is new is not only how the goods are produced (with machines controlled ...


An International Legal Framework For Forest Management And Sustainable Development, Emmanuel B. Kasimbazi 2010 Golden Gate University School of Law

An International Legal Framework For Forest Management And Sustainable Development, Emmanuel B. Kasimbazi

Annual Survey of International & Comparative Law

This paper examines soft international law principles that regulate forest management. It proceeds from the 1972 Stockholm Conference on Human Environment as a major source of international environmental law and surveys major international customary law norms that have followed. The article ends with the Rio Declaration as the latest source of soft international environmental law. The discussion of the paper hinges on the strength and limitations of soft international law principles in regulating sustainable development of forests.


Work Environment And Women: U.S. Practice, Chioma Kanu Agomo 2010 Golden Gate University School of Law

Work Environment And Women: U.S. Practice, Chioma Kanu Agomo

Annual Survey of International & Comparative Law

The aim is to show that reproductive health policies under present circumstances constitute a denial of equal rights to work granted to women since 1964, and therefore a denial of their human rights. It is also intended to show further that there is insufficient scientific evidence to support present policy, which is merely a pretext for shying away from the larger issue of safe and healthy environment for all workers and their families present and future.


International Human Rights And The Kurds, Dr. Amir A. Majid 2010 Golden Gate University School of Law

International Human Rights And The Kurds, Dr. Amir A. Majid

Annual Survey of International & Comparative Law

This article analyses the Kurdish rebellion for autonomy, the actions of the Iraqi forces against them and the measures taken by the United Nations, the United States and other Coalition States to protect the Kurds in the aftermath of the January/February 1991 Gulf War. The International actions will be assessed in light of the present rules of International Law and, in particular, whether they contravene any provision of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.


South Africa: Building A Culture Of Law, Anthony Lewis 2010 Golden Gate University School of Law

South Africa: Building A Culture Of Law, Anthony Lewis

Annual Survey of International & Comparative Law

No abstract provided.


The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox 2010 Golden Gate University School of Law

The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox

Annual Survey of International & Comparative Law

The ratification of treaties governing human rights often raises the question of whether obligations imposed by the treaty are compatible with the existing domestic law of the ratifying state. One common way of resolving such conflicts is for the State to avoid undertaking the inconsistent legal obligation by qualifying its acceptance of the treaty with a reservation, even when domestic law already provides for resolving such conflicts. Another measure that may be adopted, particularly where the treaty provision at issue is cast in general terms, is for the ratifying state to include a Declaration or an Understanding (RUD) with its ...


Volume Ii Masthead, 2010 Golden Gate University School of Law

Volume Ii Masthead

Annual Survey of International & Comparative Law

No abstract provided.


Current Trends In International Civil Liability For Environmental Damage, Peter Wetterstein 2010 Golden Gate University School of Law

Current Trends In International Civil Liability For Environmental Damage, Peter Wetterstein

Annual Survey of International & Comparative Law

With the rapid technological and industrial development in the world and the increasing intercourse between countries and people - especially in the fields of technology and trade - the risks of environmental catastrophes with international, (i.e. transboundary) consequences increase all the time. This is, unfortunately, the price that our consumer society has to pay for its demands for a higher standard of living. There exists a conflict between technological progress and the environment.


Protection Of The Environment In Times Of Armed Conflict: Reflections On The Existing And Future Treaty Law, Andronico O. Adede 2010 Golden Gate University School of Law

Protection Of The Environment In Times Of Armed Conflict: Reflections On The Existing And Future Treaty Law, Andronico O. Adede

Annual Survey of International & Comparative Law

This survey indicates that no treaty has been concluded to deal with environmental issues comprehensively. No treaty states basic principles which States would be called upon to observe with respect to the various environmental problems. However, some efforts in this direction are now underway as noted in the concluding section of this paper. The conclusion discusses the current drafts of such general principles as rights and obligations of States in the field of the environment, including specific reference to the question of the environment and armed conflict.


The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar 2010 Golden Gate University School of Law

The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar

Annual Survey of International & Comparative Law

This paper examines some antitrust aspects of the Australia-New Zealand free trade accord. The first section will trace the development of trans-Tasman free trade. Efforts to liberalize trade between the two countries have a long history. The next part analyzes the role antitrust law played in the movement to free trade. The final two sections raise a number of outstanding issues and problems yet to be resolved by Australian and New Zealand policy makers.


On The Way To Us-Style Hostile Tender Offers In Germany? - The European Attempt To Harmonize The Takeover Law And Its Impact On German Company Law, Roland Donath 2010 Golden Gate University School of Law

On The Way To Us-Style Hostile Tender Offers In Germany? - The European Attempt To Harmonize The Takeover Law And Its Impact On German Company Law, Roland Donath

Annual Survey of International & Comparative Law

No abstract provided.


Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari 2010 Golden Gate University School of Law

Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari

Annual Survey of International & Comparative Law

No abstract provided.


Renunciation Of Right And Remission Of Debt In Comparative And Israeli Law, Alfredo M. Rabello 2010 Golden Gate University School of Law

Renunciation Of Right And Remission Of Debt In Comparative And Israeli Law, Alfredo M. Rabello

Annual Survey of International & Comparative Law

Renunciation and remission are not comprehensively treated in recent Israeli legislation. And although the legislature has referred to these terms in the course of its legislation, they are nowhere defined.

Therefore, in order to examine the terms under discussion, we shall follow a comparative approach.' In so doing, we shall also look to Jewish law. We will focus on the question of whether we are concerned with 1) a unilateral or bilateral act and 2) upon the issue of what approach would be most suitable for future legislation. We shall conduct our study in the light of the historical development ...


Volume I Masthead, 2010 Golden Gate University School of Law

Volume I Masthead

Annual Survey of International & Comparative Law

No abstract provided.


General Principles Of Law, Guido Alpa 2010 Golden Gate University School of Law

General Principles Of Law, Guido Alpa

Annual Survey of International & Comparative Law

No abstract provided.


The Path Of Posner's Pragmatism, Edward Cantu 2010 n/a

The Path Of Posner's Pragmatism, Edward Cantu

Edward Cantu

It is no secret that formalist methodologies like originalism are not nearly as scientific as they pretend to be. Banking on this fact, pragmatism offers a prescriptive alternative: instead of expending intellectual energy attempting “fidelity” to antecedent “authority” (precedent, Framers’ intent, etc.) judges should embrace their inevitable roles as de facto policy makers, and focus on producing the best social results they can through the cases they decide. The article discusses the current state of legal pragmatism in the form espoused by its chief proponent Judge Richard Posner, and asks whether it has proven itself capable of contributing anything useful ...


Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills 2010 Marquette University

Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills

Sara C Mills

More than a quarter of Americans consider adoption at some point in their lives. During the adoption process, courts strive to promote and foster the children’s best interests, but this often involves discriminatory decisions that deprive older adoptive parents of the same opportunities as younger adoptive parents. Discrimination in adoption proceedings is nothing new, and legislators, courts, and scholars have explored how it impacts minorities, same-sex couples, single parents, and divorcees. However, age discrimination in adoption also exists, and courts condone it by approving placements that are dictated by private agencies’ discriminatory ideologies. This article thus provides the first ...


Lessons In Price Stability From The U.S. Real Estate Market Collapse, Andrea J. Boyack 2010 George Washington University

Lessons In Price Stability From The U.S. Real Estate Market Collapse, Andrea J. Boyack

Andrea J Boyack

The U.S. residential housing market collapse illustrates the consequences of ignoring risk while funding mortgage borrowing. Collateral over-valuation was a foundational piece of the crisis. Over the past few decades, secondary markets, securitization, policy and psychology increased the flow of funds into real estate. At the same time, financial market segmentation divorced risk from reward. Increased mortgage capital availability, unmitigated by proper risk allocation, led to real estate price inflation. Social trends and government policies exacerbated both the mortgage capital over-supply and the risk-valuation disconnect.

The Dodd-Frank Act inadequately addresses the underlying asset valuation problem. Federal regulation may support ...


What Mcdonald Means For Unenumerated Rights, Aaron Christopher Bryant 2010 University of Cincinnati, College of Law

What Mcdonald Means For Unenumerated Rights, Aaron Christopher Bryant

Aaron Christopher Bryant

In June a splintered Supreme Court held in McDonald v. City of Chicago that the Second Amendment applied to state and local governments. But the case was about much more than handguns. It presented the Court with an unprecedented opportunity to correct its erroneous precedent and revive the Fourteenth Amendment’s Privileges or Immunities Clause. The plurality declined the offer not, as Justice Alito’s opinion suggested, out of a profound respect for stare decisis, but rather because at least four Justices like the consequences of that ancient error, especially insofar as unenumerated rights are concerned. This observation in turn ...


Large Law Firm Lateral Hire Conflicts Checking, James M. Fischer 2010 Southwestern Law School

Large Law Firm Lateral Hire Conflicts Checking, James M. Fischer

James M. Fischer

Lateral lawyer movement between private law firms has become an accepted practice. More than one-half of the lawyers who became partners at AM LAW 100 firms began their professional careers at another firm. Yet, lateral lawyers carry potential risks to their new firms in the form of conflicts of interests that may prevent the firm from representing one of its existing clients. To identify and quantify this risk, firms require that laterals disclose information that enables the firm to conflicts check the lateral.

While conflicts checking of laterals is accepted practice by firms, it raises a question whether laterals in ...


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