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Comparative and Foreign Law

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2007

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Articles 1 - 30 of 153

Full-Text Articles in Law

Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho Dec 2007

Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho

Federal Communications Law Journal

With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …


Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono Nov 2007

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …


Net Neutrality: An International Policy For The United States, Frederick W. Pfister Nov 2007

Net Neutrality: An International Policy For The United States, Frederick W. Pfister

San Diego International Law Journal

Consider this scenario: Alex and John still are avid video game players and play hours a day, each connecting from the same town through different ISPs. However, since it is a peak Internet traffic time, it may be difficult for them to play. While Alex has the "Diamond" package from his ISP that ensures he has guaranteed high-bandwidth connection, John's ISP does not offer anything other than regular residential service. John must compete with everyone else in his local area for bandwidth, including a few who constantly watch high-definition video-on-demand and subsequently constrain bandwidth for other users. Would it not …


Scholarly Discourse And The Cementing Of Norms: The Case Of The Indian Supreme Court - And A Plea For Research, Jayanth K. Krishnan Oct 2007

Scholarly Discourse And The Cementing Of Norms: The Case Of The Indian Supreme Court - And A Plea For Research, Jayanth K. Krishnan

The Journal of Appellate Practice and Process

No abstract provided.


Gender Discrimination Fuels Sex Selective Abortion: The Impact Of The Indian Supreme Court On The Implementation And Enforcement Of The Pndt Act, Kristi Lemoine, John Tanagho Oct 2007

Gender Discrimination Fuels Sex Selective Abortion: The Impact Of The Indian Supreme Court On The Implementation And Enforcement Of The Pndt Act, Kristi Lemoine, John Tanagho

University of Miami International and Comparative Law Review

No abstract provided.


Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel Oct 2007

Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel

University of Miami International and Comparative Law Review

No abstract provided.


Executive Fraud And Canada's Regulation Of Executive Compensation, Bo James Howell Oct 2007

Executive Fraud And Canada's Regulation Of Executive Compensation, Bo James Howell

University of Miami Inter-American Law Review

No abstract provided.


The Insistent (And Unrelenting) Challenges Of Protecting Biodiversity In Brazil: Finding "The Law That Sticks", Colin Crawford, Guilherme Pignataro Oct 2007

The Insistent (And Unrelenting) Challenges Of Protecting Biodiversity In Brazil: Finding "The Law That Sticks", Colin Crawford, Guilherme Pignataro

University of Miami Inter-American Law Review

No abstract provided.


Great Lakes, Weak Policy: The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement And Compact And Non-Regulation Of The Water "Products" Industry, Lauren Petrash Oct 2007

Great Lakes, Weak Policy: The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement And Compact And Non-Regulation Of The Water "Products" Industry, Lauren Petrash

University of Miami Inter-American Law Review

No abstract provided.


Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen Oct 2007

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

University of Miami Inter-American Law Review

No abstract provided.


Table Of Contents Oct 2007

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


A Right To Leave But Nowhere To Go: Reconciling An Emigrant's Right To Leave With The Sovereign's Right To Exclude, Joy M. Purcell Oct 2007

A Right To Leave But Nowhere To Go: Reconciling An Emigrant's Right To Leave With The Sovereign's Right To Exclude, Joy M. Purcell

University of Miami Inter-American Law Review

No abstract provided.


Carter's Screed Against Israel, Alan M. Dershowitz Oct 2007

Carter's Screed Against Israel, Alan M. Dershowitz

University of Miami International and Comparative Law Review

No abstract provided.


Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, Arturo J. Marcano Guevara, David P. Fidler Oct 2007

Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, Arturo J. Marcano Guevara, David P. Fidler

University of Miami International and Comparative Law Review

No abstract provided.


Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga Oct 2007

Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga

University of Miami International and Comparative Law Review

No abstract provided.


Individual Accounts In Social Security Reform: Lessons From Abroad And Special Considerations For Women, Karen E. Menter Sep 2007

Individual Accounts In Social Security Reform: Lessons From Abroad And Special Considerations For Women, Karen E. Menter

Buffalo Women's Law Journal

No abstract provided.


Moral Relativism And Human Rights, Torben Spaak Sep 2007

Moral Relativism And Human Rights, Torben Spaak

Buffalo Human Rights Law Review

No abstract provided.


The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson Sep 2007

The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Washington and Lee Law Review

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …


The "Direct" Financing Of Religious Minorities In Spain, Jose Maria Contreras Mazario Sep 2007

The "Direct" Financing Of Religious Minorities In Spain, Jose Maria Contreras Mazario

BYU Law Review

No abstract provided.


Minority Rights In Turkey, Ilhan Yildiz Sep 2007

Minority Rights In Turkey, Ilhan Yildiz

BYU Law Review

No abstract provided.


Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze Sep 2007

Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze

BYU Law Review

No abstract provided.


Religious Accommodation In Japan, Eiichiro Takahata Sep 2007

Religious Accommodation In Japan, Eiichiro Takahata

BYU Law Review

No abstract provided.


Problematic Issues Concerning The Freedom Of Association And Group/Collective Rights In The Republic Of Armenia, Shavarsh Khachatryan Sep 2007

Problematic Issues Concerning The Freedom Of Association And Group/Collective Rights In The Republic Of Armenia, Shavarsh Khachatryan

BYU Law Review

No abstract provided.


Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal Sep 2007

Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal

BYU Law Review

No abstract provided.


Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen Sep 2007

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.


Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau Sep 2007

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …


Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad Sep 2007

Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad

Washington and Lee Law Review

Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …


The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim Sep 2007

The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim

Washington and Lee Law Review

No abstract provided.


The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright Sep 2007

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright

Washington and Lee Law Review

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …


Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre Sep 2007

Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre

Washington and Lee Law Review

While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …