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On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters

ExpressO

On the Legal Construction of Ethnic Cleansing

Timothy William Waters, Univ. Mississippi School of Law

Abstract

What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary …

Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim

Washington International Law Journal

South Korea’s World Trade Organization membership requires the “Land of the Morning Calm” to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market in 2005. However, disagreements between South Korea and other World Trade Organization members over the scope of liberalization have led to a one-year negotiation period extension, pushing back the planned market opening to early 2007. The Korean Bar Association has strongly opposed liberalization, claiming that liberalization will lead to the foreign domination of South Korea’s legal market. On the other hand, most …

Aiding Clinical Education Abroad: What Can Be Gained And The Learning Curve On How To Do So Effectively, Leah Wortham

Scholarly Articles

The author advocates donor support for clinical education projects abroad and outlines the minimal requisites that she would have for such projects - direct experience with disadvantaged clients, faculty involvement, and sincerity and integrity of organizers. She cautions against funders and consultants pressing new clinics to fit American clinical models. She provides sample reporting questions that would require projects to reflect on goals sought and results achieved. She draws lessons for efforts to assist clinics abroad from critiques of the law and development movement (LDM), the last major international initiative in legal education reform; more recent efforts termed the New …

Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin

Faculty Articles and Papers

In many jurisdictions, lawyer-run discipline systems are inefficient, overly lenient and insufficiently responsive to consumer's concerns. Queensland's Legal Profession Act 2004 (Qld) breaks away from that model by moving lawyer discipline out of lawyers' professional associations and into an independent agency. It articulates a decidedly consumer-oriented approach to lawyer discipline and gives Queensland's new Legal Services Commissioner the power to investigate and prosecute all discipline complaints. This article looks at Queensland's recent reforms, and considers how well the new system is meeting its twin goals of consumer protection and traditional lawyer discipline. Using interviews and other data, the article identifies …

A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song

LLM Theses and Essays

The Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules are enacted in the European Union and China respectively. Both of them establish a procedure for the private sector to petition the government to challenge foreign trade barriers. Through the comparative study on the two pieces of law, this paper intends to dig out the similarities and differences between them and develop some suggestions for the improvement of them.

Forces Driving And Shaping Legal Training Reform In Japan, Daniel H. Foote

Articles

After canvassing the history of, and rationale for, legal training reform, the article examines the recommendations of the Justice System Reform Council. It then examines some of the forces that led to the reforms; some of those forces that helped shape the reforms; and the major aspects of the reforms themselves. The second half of the article undertakes an initial assessment of the first year of operation of the new system, focusing on the University of Tokyo, and based upon the author's first-hand experience.

Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue

All Faculty Publications

This essay explores the role of the organized legal profession in relation to British Imperialism, state formation, and independence in Nigeria. Drawing on recent works in the fields of post-colonial legal studies and cultural histories of legal professions, the paper develops an understanding of lawyering and lawyers' associations as deeply implicated in the myriad cultural projects through which law simultaneously 'civilizes' provincials and mediates between centre and locale. The paper reviews new developments in theories of legal professionalism and surveys secondary literatures of lawyers in colonial processes. It assesses the historical processes linking imperialism, law, and lawyers from the establishment …

Educating The Transnational Lawyer: An Integrated Approach, Efrén Rivera-Ramos

Journal of Legal Education

No abstract provided.

Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad

Journal of Legal Education

No abstract provided.

Globalization In Legal Education Of Korea, Soogeun Oh

Journal of Legal Education

No abstract provided.

Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene

University of Miami International and Comparative Law Review

No abstract provided.

The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand

Osgoode Hall Law Journal

This article concerns the ascertainment by judges of normative facts that emanate from within foreign legal orders and must be taken into consideration in the interpretation of domestic rules. The author proposes an analytical approach which is based on three ideas. First, judges must remain in control of the process aimed at ascertaining such facts. Because the interpretation of domestic rules is at stake, they cannot remain passive and rule solely on the basis of the information adduced by the parties, as they normally do while ascertaining the contents of foreign rules under a classic conflict of laws scenario. Second, …

The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong

Cardozo Law Review

No abstract provided.

Ethical Standards Of Japanese Lawyers: Translation Of The Ethics Codes For Six Categories Of Legal Service Providers, Kyoko Ishida

Washington International Law Journal

Today, Japanese attorneys and so-called "quasi-lawyers" (jun hōritsuka) face significant regulatory reforms to the legal services they provide. The justice system reform (shihō seido kaikaku) significantly expanded the scope of practice for quasi-lawyers in order to meet the country's growing need for legal assistance. Also, in November 2004 attorneys established new ethical standards which also apply to registered foreign business attorneys for the preparation of upcoming increase of population of attorneys. In contrast to the United States, where attorneys provide legal services almost exclusively, there are several licensed legal service providers other than attorneys (bengoshi …

The Formation Of The Caribbean Court Of Justice: The Sunset Of British Colonial Rule In The English Speaking Caribbean, Leonard Birdsong

University of Miami Inter-American Law Review

No abstract provided.

Computer Crime And Control In Hong Kong, Kam C. Wong

Washington International Law Journal

This Article is a first attempt to study cyberspace governance and computer crime control in Hong Kong. It begins with a discussion of how computer crime was "discovered" as a cognizable object of control. Next, it explores the nature, prevalence and distribution of computer crime in Hong Kong before embarking on a comprehensive review and critical analysis of the Hong Kong government's cyberspace governance philosophy and computer crime control policy. The Article closes with a number of recommendations for improving Hong Kong cyberspace governance, which focus on developing a broad, overarching policy that both meets the public's goals and addresses …

Derecho De La Competencia Y Ejercico De Las Profesiones, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

El ejercicio de las profesiones se ha destacado tradicionalmente por hallarse sometido a una fuerte regulaci6n, caracterizada por contener severas restricciones a la competencia entre los profesionales.

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

ILSA Journal of International & Comparative Law

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.

Efficacy Of The Institutional And Regulatory Framework For The Administration Of Tax Law In Zambia, Kenneth Kaoma Mwenda

Richmond Journal of Global Law & Business

No abstract provided.

Comparative Analysis Of Litigation Systems: An Auction‐Theoretic Approach, Michael R. Baye, Dan Kovenock, Casper G. De Vries

Economics Faculty Articles and Research

A simple auction-theoretic framework is used to examine symmetric litigation environments where the legal ownership of a disputed asset is unknown to the court. The court observes only the quality of the case presented by each party, and awards the asset to the party presenting the best case. Rational litigants influence the quality of their cases by hiring skilful attorneys. This framework permits us to compare the equilibrium legal expenditures that arise under a continuum of legal systems. The British rule, Continental rule, American rule, and some recently proposed legal reforms are special cases of our model.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.

Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Scholarly Articles

After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.

Competing Values Or False Choices: Coming To Consensus On The Election Reform Debate In Washington State And The Country, Tova Andrea Wang

Seattle University Law Review

This Article examines the problems revealed in Washington State's election system as a result of its staggeringly close gubernatorial election, and compares such problems to those encountered by other states in the 2004 election. It examines the challenge of fixing these problems through the prism of the ongoing debate over what values and goals are most important when making election administration decisions. The various values and goals of expanding voter access, increasing voter participation and election efficiency, preventing voter fraud, ensuring the count of every vote, and creating finality in the voting system are included in this examination. Throughout this …

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry

Faculty Scholarly Works

This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …

The Global Enforcement Of Human Rights: The Unintended Consequences Of Transnational Litigation, Andrea Boggio

History and Social Sciences Faculty Journal Articles

In the last few years, a growing number of individuals whose basic rights are violated have filed transnational human rights claims in foreign countries. By placing the individual as a holder of basic rights at the core of the process of development, the capability approach, as put forward by Amartya Sen and Martha Nussbaum, provides a fertile theoretical framework to assess translational human rights litigation.

The paper shows that transnational claims are problematic in two regards:

1) They undermine development by discouraging foreign companies from investing in countries that are sources of transnational claims and by weakening local governments and …

To Sue Is Human; To Settle Divine: Intercultural Collaborations To Expand The Use Of Mediation In Costa Rica, Donald C. Peters

UF Law Faculty Publications

Virtually all societies have developed non-adjudicative methods to resolve disputes. Third party intervention to help resolve disputes consensually, typically called mediation or conciliation, occurs in all cultures throughout the world. It now occurs in Costa Rica only voluntarily and primarily in family, community, labor, agricultural, and trade contexts.

Connecting mediation or conciliation to court systems provides a comparatively new use of third party interventions not involving adjudication through arbitration or litigation. This typically occurs by referring matters for mediation services provided by state-funded programs, private centers, and private mediators. Florida, the first American state to authorize courts to order mediation …

Going-Private Decisions And The Sarbanes-Oxley Act Of 2002: A Cross-Country Analysis, Ehud Kamar, Pinar Karaca-Mandic, Eric L. Talley

Faculty Scholarship

This article investigates whether the passage and the implementation of the Sarbanes-Oxley Act of 2002 (SOX) drove firms out of the public capital market. To control for other factors affecting exit decisions, we examine the post-SOX change in the propensity of public American targets to be bought by private acquirers rather than public ones with the corresponding change for foreign targets, which were outside the purview of SOX. Our findings are consistent with the hypothesis that SOX induced small firms to exit the public capital market during the year following its enactment. In contrast, SOX appears to have had little …