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To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary Feb 2016

To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary

University of Miami Inter-American Law Review

This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …


All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez Jan 2016

All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez

Manuel A. Gómez

No abstract provided.


Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner Jan 2016

Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner

UC Law SF International Law Review

No abstract provided.


Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema Jan 2016

Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema

UC Law SF International Law Review

No abstract provided.


Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf Jan 2016

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.


Global Insecurity: How Risk Theory Gave Rise To Global Police Militarization, Nicholas S. Bolduc Jan 2016

Global Insecurity: How Risk Theory Gave Rise To Global Police Militarization, Nicholas S. Bolduc

Indiana Journal of Global Legal Studies

Today, across the globe, police agencies are militarizing to confront modern-day threats. This gradual shift towards militarized policing stems from the concept of risk-risk has driven nations to amend their laws so that their law enforcement agencies may militarize to meet whatever risk they face. In the United States, the gradual shift towards militarized police occurred after the crippling of the Posse Comitatus Act in the face of the developing 'War on Drugs" However, America is a late development in this trend; the majority of the Western world militarized themselves through the concept of 'gendarmes", while the Chinese militarized their …


Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel Jan 2016

Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel

Articles

Balancing judicial independence against judicial accountability is a classic problem, but the debate has often taken place without reference to specific legal cultures and traditions, and there is compelling reason to believe that the “right” balance may be different in different societies. Thailand is in transition, so the models of established Western democracies may be ill-suited to the problems and issues of the Thai judiciary. Moreover, independence and accountability are not ends in themselves, but means to the same end: that of fair, impartial, and effective justice. Independence can help, primarily by bolstering the “judicial courage” exercised by judges called …


A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie M. Reid Dec 2015

A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie M. Reid

Melanie M. Reid

In 1996, Congress passed the Economic Espionage Act (EEA) to help thwart attempts by foreign entities from stealing U.S. companies’ proprietary information and trade secrets. The EEA focuses on the state-sponsored targeting of U.S. trade secrets and technology misappropriated with the intent to benefit a foreign government or an instrumentality. Currently, any and all U.S. technology that is vulnerable and profitable is being targeted. However, few cases have been filed using 18 U.S.C. Section 1831 (EEA). This article identifies the United States’ and other countries’ responses to economic espionage and who are the leading offenders. The article then evaluates this …