Law Commons^™

Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva

Benjamin Geva

This article endeavours to analyse the provisions of Title IV governing rights and obligations in relation to the provision and use of payment services. Analysis is particularly from a US comparative perspective. Attention will be given to Uniform Commercial Code ("UCC") Article 4A, which governs U.S. wire and other credit transfers as well as federal laws governing consumer retail payment systems. A broader but related objective of the article is the assessment of the contribution of Title IV to the harmonization of funds transfer and payment law, not only by comparison to the U.S., but also by reference to a …

The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond

Susan G. Drummond

Comparative law and legal anthropology have for long theorized on the basis of a traditional geography which saw states, regions, locales and social fields as having durable boundaries containing stable and homogenous cultures. This idea of place is now undergoing a massive transformation in response to the effects of and theories about globalization. The emerging ‘process geography’ rejects these traditional ideas, arguing that they are not, and indeed have never been aspects of reality, which is better represented by an imagery of processes. However, it is argued here that globalization is not a synonym for homogenization, nor has place suddenly …

Beyond Cartoons: There's A Lot We Can Learn About Ourselves From The Discomfort Of Others, Says Law Professor Susan Drummond, Susan G. Drummond

Susan G. Drummond

No abstract provided.

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Jamie Cameron

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …

Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben

Stephanie Ben-Ishai

In this article, Professors Stephanie Ben-Ishai and Stephen Lubben explore the recent surge in popularity of “quick-sales,” essentially the pre-reorganization plan sale of an insolvent debtor’s assets. In their examination of quick sales, the authors use the recent examples of Lehman Brothers and Chrysler to illustrate the popularity and relevance of the pre-plan sales. The authors then move on to a more detailed discussion of the quick sales process in both Canada and the United States, isolating the differences and similarities between both countries, and weighing the costs and benefits of each approach. Ultimately, the authors argue that questions of …

Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz

Stephanie Ben-Ishai

The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Sital Kalantry

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …

How Far Out Of Step Is The Supreme Court Of The United States?, Brian Christopher Jones

Brian Christopher Jones

The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross

Karen Halverson Cross

A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan

Winston P Nagan

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …

The International Law Of Game Of Thrones, Perry S. Bechky

Perry S. Bechky

Game of Thrones depicts a violent and, some might say, lawless world. Few would think that world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text” in …

The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Claire Germain

This article describes the contemporary landscape of the French jury. Putting the institution in its historical and political context, it begins with an overview of the rich history of the French jury. We describe the earliest form of community judgment in France, the introduction of a formal jury system following the French Revolution, and the political and legal influences that transformed it from an independent body of lay citizens to a mixed decision-making body of professional and lay judges. We next identify characteristic features of contemporary French jury trial procedure and the respective roles and responsibilities of professional and lay …

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen

Xi Chen

One heavily and contentiously argued clause in Chinese Copyright Law amendments drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (SRR), when their works are reused in subsequent exploitations.

With the rapid increase of media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channel beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and to …

A Poverty Of Respect: Human Rights, Honor, Dignity And Respect In The Israeli-Palestinian Conflict, 71 Alb. L. Rev. 861 (2008), Cecil J. Hunt Ii

Cecil J. Hunt II

No abstract provided.

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock

William B.T. Mock

No abstract provided.

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

The Final Impression Counts - Seeking Common Ground In Design Patent Infringement, Dana Beldiman, Paolo Beconcini

Dana Beldiman

THE FINAL IMPRESSION COUNTS – Seeking Common Ground in Design Patent Infringement

Dana Beldiman*and Paolo Beconcini

Abstract

The visual appearance of products has become an asset of considerable economic value. Litigation surrounding it is increasingly common and has focused IP law on certain tensions that relate to the visual nature of IP assets.

One such area is design patent infringement. Policy mandates that comparison of two similar designs for purposes of evaluating infringement be performed by a notional purchaser, based on the overall impression of a design as whole. However, in performing the analysis courts are tempted to …

Beyond Ownership: State Capitalism And The Chinese Firm, Curtis J. Milhaupt, Wentong Zheng

Wentong Zheng

Chinese state capitalism has been treated as essentially synonymous with state-owned enterprises (SOEs). But drawing a stark distinction between SOEs and privately owned enterprises (POEs) misperceives the reality of China’s institutional environment and its impact on the formation and operation of large enterprises of all types. We challenge the “ownership bias” of prevailing analyses of Chinese firms by exploring the blurred boundary between SOEs and POEs in China. We argue that the Chinese state has less control over SOEs and more control over POEs than its ownership interest in the firms suggests. Our analysis indicates that Chinese state capitalism can …

The Role Of National Courts In The Post Arbitral Process: The Possible Issues With The Enforcement Of A Set-Aside Award, Rishabh Jogani

Rishabh Jogani

No abstract provided.

Wage Gender Disparities: Challenging Prevailing Assumptions, Theoretical Approache, Shlomit Yanisky-Ravid Professor Of Law

Shlomit Yanisky-Ravid Professor of Law

Women in the United States are, on average and consistently, earning less than their male peers. Sometimes, they are even paid less than the men they supervise. A common response concerns about the 23 cent gender wage gap for full-time year-round workers across occupations, is that it is simply a byproduct of the choices women make: choices to prefer family life and needs, work fewer hours, take on lower-paying jobs, or opt out of the workforce for longer periods of time than men. Under this view, the gender pay gap is not a result of sex discrimination but of women's …

Winds Of Change: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

Rod Smolla

Not available.

The New Bankruptcy Law: A Czech - U.S. Comparison, 10 Common L. Rev. 3 (2009), Paul Lewis

Paul Lewis

No abstract provided.

Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis

Paul Lewis

No abstract provided.

Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis

Paul Lewis

No abstract provided.

Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012), Paul B. Lewis

Paul Lewis

Among the volume of material written about the Irish debt crisis and its impact over the past few years, strikingly little has been written about the ability to save a financially distressed company under Irish law and whether corporate restructuring could have mitigated some of the financial damage to Irish companies, particularly those in the property and construction industries. There is a reason for this. The number of filings under the Examinership law - the rough equivalent of Chapter 11 in the United States - remained small and relatively constant during both the recent boom and the more immediate bust …

Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green

Sonia Bychkov Green

No abstract provided.

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, 19 Mich. J. Int'l L. 219 (1997), Sonia Bychkov Green

Sonia Bychkov Green

No abstract provided.