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Full-Text Articles in Law
Comparative Law In A Time Of Nativism, Margaret Woo
Comparative Law In A Time Of Nativism, Margaret Woo
UC Law SF International Law Review
Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward. This article examines what the turn to nativism means for the …
U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber
U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber
UC Law SF International Law Review
The purpose of this research is to explore how an international framework could be developed in order to safeguard large dams against sabotage by nonstate actors, such as terrorist organizations or hostile civilians. The necessity of an international security agreement to manage dams as a global security threat will be clearly substantiated via an analysis of three determinants: the possible magnitude of dam failure, the inadequacies of international law to regulate asymmetric warfare, and the evolving threat of dam sabotage in the developing world. Subsequently, various legal components and regulatory mechanisms from an existing international agreement will be considered with …
Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu
Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu
UC Law SF International Law Review
Secession becomes a source of controversies again both within and outside the United States. In both political discourse and public imagination, the image of secession of the South in the mid-nineteenth century, as well as the Civil War it triggered, occupies an important position. Conducted in blood, the end of the Civil War is usually thought to establish a constitutional rule that no state shall secede from the Union. Challenging the conventional understanding, recent legal scholarship has shown that the legality/constitutionality of secession did not receive a definitive, legal answer at Appomattox. But the question remains: Why so? Explaining the …
Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama
Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama
UC Law SF International Law Review
The development of a legal system under globalization has impacted the legal practice of cross-border transactions. Businesses are confronted with several legal systems in foreign jurisdictions, as well as, foreign languages. On the other hand, the role of the legal system of each country becomes relatively diminished in the area of cross border transactions. The legal risk may materialize as uncertain knowledge and recognition of foreign legal systems and international law. From this perspective, it is more important to understand the roles of lawyers who support solving legal issues in transnational business. Cross-border transactions involve several different jurisdictions where the …
Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama
Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama
UC Law SF International Law Review
Globalization came to the Japanese legal community as a form of legal reform early in the millennium. The reform has impacted not only business lawyering, but also public interest lawyering, which aims at access to justice (see Parts I and II). The growing national budget has improved legal services for the underrepresented (see Part III). The increasing number of Japanese lawyers has brought improvement in access to justice to thinly populated areas. More attorneys seek careers as in-house lawyers in business or public interest organizations such as the United Nations (see Parts IV, V). The negative effects of public interest …
Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach
Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach
UC Law SF International Law Review
Space Law is often described as a collection of more or less amusing and unrealistic rules. For society, outer space is more of an imaginary sphere than a concrete space of Public International Law. That is why it is an ambitious project to explain that the international community of States has created a legal order for exploring and using outer space by concluding a binding international treaty. With a duration of 50 years, the Outer Space Treaty is in an advanced age. This special anniversary represents good reason to evaluate basic decisions and to predict future challenges of this modern …
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura
UC Law SF International Law Review
Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr. Stiglitz …
Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama
Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama
UC Law SF International Law Review
Japanese lawyers have faced the globalization of legal markets for decades. The first wave of globalization was characterized by inbound work. It came in 1987, when Japan opened its legal markets to foreign lawyers. Since then, foreign law firms have established offices in Japan and practiced together with Japanese lawyers on international legal matters. The second wave of globalization was characterized by outbound work. Japanese lawyers practicing outside of Japan have increased significantly in the past several years. My presentation briefly describes activities of the Japan Federation of Bar Associations (“JFBA”) in the context of the globalization of Japanese lawyers.
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
UC Law SF International Law Review
Modern penitentiaries offer valuable insight on the core of society’s sensibilities, perceptions, and values. They shed light on the relation between the State and the citizenry, particularly the lower classes. Beyond its explicit reformative goals to the criminal justice system, the penitentiary functions to affect social policy through norms of decency and respect for human rights. From the unique architectural choices to the minute logistical details, a government makes choices that intimately speak on how it views its most vulnerable groups of individuals. The origins of the penitentiary offer insight into the circumstances that interweave to organize the social fabric …
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
UC Law SF International Law Review
In recent years, the media exposure and judicial exoneration of wrongfully convicted defendants in a number of high-profile capital cases in China have attracted the attention of reformers, the general public, and policy makers—both domestic and international. Yet, until now, there has been merely a thin body of empirical literature on this salient research topic. This lack of academic attention is due to the political sensitivity of the topic and the lack of publicly-accessible data. This paper is aimed at filling this critical gap in the literature. Based on in-depth analysis of 122 deathsentenced innocents, of which 109 have been …
Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós
Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós
UC Law SF International Law Review
The relatively short catalogue of rights recognized by the Constitution of the United States, coupled with their near exclusive articulation as political and civil rights of a negative character opposable only to state action, has substantially narrowed the scope of analysis as to the different features and manifestations of constitutional rights in general. This has led the debate amongst U.S. scholars to focus their attention to rights as a sometimes simplistic dichotomy between negative political rights on the one hand, and positive socioeconomic rights on the other, which are more typically found in modern, teleological constitutions. In this brief Article, …
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Setsuo Miyazawa
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Setsuo Miyazawa
UC Law SF International Law Review
The topic of the 2016 symposium was “Globalization of Japanese Lawyers: Achievements, Challenges, and Expectations of American Law Schools.” The symposium was held on November 18, 2016. This symposium commemorated the signing of the cooperation and the exchange agreement between UC Hastings and Niben. The 2016 symposium was organized to explore the following inquiries: how Japanese lawyers have been coping with a globalizing legal market; how much and in what way have Japanese lawyers become globalized; achievements of Japanese lawyers; challenges of Japanese lawyers; and finally what they expect from American law schools in their effort of globalization. We were …
Revolutionary Reform In German Constitutional Law, Stephan Jaggi
Revolutionary Reform In German Constitutional Law, Stephan Jaggi
UC Law SF International Law Review
Since German unification in October 1990, this diagnosis of constitutionalism in Germany is only partly true. In the wake of German unification, the BVerfG acted within Ackerman’s revolutionary model and did refer to revolutionary achievements of the constitutional past. Contrary to Ackerman’s evaluation, the Court engaged in what I call “revolutionary reform” of German constitutional law by taking up revolutionary constitutional achievements of the East German 1989 Revolution and integrating them into the existing constitutional order under the West German Basic Law (Grundgesetz; GG). It is through revolutionary reform, I will argue, that the BVerfG has brought important change to …