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Comparative and Foreign Law

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2009

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Articles 1 - 30 of 164

Full-Text Articles in Law

Legal Origins, Functionalism, And The Future Of Comparative Law, Chrisopher A. Whytock Dec 2009

Legal Origins, Functionalism, And The Future Of Comparative Law, Chrisopher A. Whytock

BYU Law Review

No abstract provided.


Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips Oct 2009

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …


Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker Oct 2009

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

San Diego International Law Journal

This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.


Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik Oct 2009

Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik

San Diego International Law Journal

This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.


Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega Oct 2009

Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega

University of Miami Inter-American Law Review

No abstract provided.


Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka Oct 2009

Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.


The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk Oct 2009

The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk

University of Miami International and Comparative Law Review

No abstract provided.


Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands Oct 2009

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

Addison C. Harris Lecture


Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira Oct 2009

Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira

University of Miami Inter-American Law Review

No abstract provided.


Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson Oct 2009

Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson

University of Miami Inter-American Law Review

No abstract provided.


Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola Oct 2009

Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.


Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick Oct 2009

Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick

University of Miami International and Comparative Law Review

No abstract provided.


A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison Oct 2009

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.


A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers Sep 2009

A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers

Penn State International Law Review

No abstract provided.


Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons Sep 2009

Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons

Penn State International Law Review

No abstract provided.


Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko Sep 2009

Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

No abstract provided.


The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras Sep 2009

The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

No abstract provided.


Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro Sep 2009

Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro

BYU Law Review

No abstract provided.


Religion And Rule Of Law In China Today, Zhuo Xinping Sep 2009

Religion And Rule Of Law In China Today, Zhuo Xinping

BYU Law Review

No abstract provided.


The Protection Of Religious Rights Under Australian Law , Denise Meyerson Sep 2009

The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

No abstract provided.


The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes Sep 2009

The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

No abstract provided.


The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete Sep 2009

The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

No abstract provided.


The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval Sep 2009

The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

No abstract provided.


Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat Aug 2009

Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat

Washington International Law Journal

The following is a translation of Electronic Money and the Law: Legal Realities and Future Challenges, an essay written by Professor Nobuhiko Sugiura in the August 1, 2008 issue of the Japanese periodical Jurisuto. Stored-value cards are growing rapidly in urban areas in Japan, to a degree where they are beginning to challenge cash as a primary method of payment. In this article, Professor Sugiura outlines the growth of stored-value cards, how stored-value cards should be defined, legal structures that currently regulate stored-value cards, and how growth and technological development are likely to affect that legal structure. As Japan’s takes …


Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr. Aug 2009

Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr.

Washington International Law Journal

In Japan’s civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or “title-transfer security interest,” that is created by conveying legal title to the creditor, with a promise to restore it to the debtor upon repayment. Although best known today as a means to providing security in movables, jōto tanpo was originally an alternative means of mortgaging real estate, and this latter use of the interest is the subject of this Article. The two early attractions of the jōto tanpo interest to creditors were 1) the ability to avoid inefficient procedures for the enforcement of …


Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips Aug 2009

Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips

Washington International Law Journal

Australian indigenous communities are vulnerable to communal harm inflicted by the unauthorized, derogatory use of their works of folklore. Such works are often considered sacred to indigenous communities and are granted significant protection under customary law. However, under many circumstances, the 1968 Copyright Act, the Australian law governing authored works, fails to protect works of indigenous folklore. While an amendment to the Copyright Act appears a likely next step in Australia’s efforts to recognize a community’s interest in communal works of folklore, Australia’s Heritage Protection Act represents a more appropriate and efficient vehicle for addressing unique communal interests in these …


Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams Aug 2009

Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams

Washington International Law Journal

Like many post-conflict countries, Timor-Leste grapples with land conflicts that resulted from successive waves of property dispossession. Colonized by the Portuguese, invaded and occupied by the Indonesians, and briefly administered by the United Nations, Timor-Leste’s history has produced disjointed patterns of land tenure. These land tenure systems have given rise to five separate categories of land claimants, each of whom often have conflicting interests in property. While the newly independent country has taken steps to resolve conflicting land claims through legislation, existing law does not address the longstanding tensions underlying these conflicts, making it difficult for the courts to reach …


A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat Aug 2009

A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat

Washington International Law Journal

The use of stored-value cards is growing rapidly in urban areas in Japan and gaining acceptance as a major means of payment. While institutional and cultural factors as well as business strategies go far in explaining the rapid growth of stored-value cards in Japan, regulation has also played an important role in enabling their use. In Japan, the regulation of stored-value cards has been mostly left to the Prepaid Card Law, which provides a comparatively simple regulatory framework with flexible capital requirements. The European Union (“EU”) and France provide a compelling counter-example to Japan; the EU has pursued a different …


A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan Jul 2009

A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills Jun 2009

Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills

Penn State International Law Review

No abstract provided.