Law Commons^™

Back To The Congressional Drawing Board: Inapplicability Of The Aumf To Al-Shabaab And Other New Faces Of Terrorism, Pierce Rand

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Towards An Internet Bill Of Rights, Giovanna De Minico

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Caucasian Powder Keg: Ramil Safarov’S Transfer And Its Effect On Armenian-Azerbaijani Relations, Daniel Rossi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Re-Clarifying China’S Trust Law: Characteristics And New Conceptual Basis, Kai Lyu

Loyola of Los Angeles International and Comparative Law Review

The common law trust institution always encounters modifications when it is transplanted to civil law jurisdictions. China designs its Trust Law with three characteristics in the process of localization: indeterminate title of trust assets, settlor’s intrusive rights, and beneficiary’s right in personam with two peculiarities. By virtue of these characteristics, Chinese lawmakers and politicians expect to make the trust institution more acceptable for the general public and orchestrated with the civil law tradition. However, these characteristics give rise to theoretical confusions and practical obstacles. This unintended result is not caused by insufficient rules in the Trust Law but by a …

Why Should We Not Protest For Consumption Tax Reduction? Consumption Tax Rate As A Partial Mechanism For Increasing Consumer Wealth, Limor Riza, Noam Sher

Loyola of Los Angeles International and Comparative Law Review

If you are an activist protesting against the high costs of living, we would like to offer you one suggestion: do not demand that the government reduce consumption tax. Social activists tend to believe that a government policy reducing consumption tax can, by itself, benefit the general population. This paper explains our suggestion to the contrary.

The tax field alone is insufficient for consumption tax reduction to be effective in increasing consumer wealth over benefiting suppliers. Due to cognitive biases, or heuristics, when the government changes consumption tax rates in order to increase consumers’ well-being, suppliers are able to …

Franchise And Contract Asymmetry: A Common Trans-Atlantic Agenda?, Tibor Tajti

Loyola of Los Angeles International and Comparative Law Review

Normative legal theories, no matter whether pluralist or monist, tend to formulate what the law should be. Based on what values, either on a purely theoretical plane, or based on a single or a few paradigm contracts – the contours of which seem to be most solidified according to common opinion – like sales contracts. They fail, however, to answer the query about what happens in cases of newer-generation contracts, such as franchise contracts, one of the quintessential features of which is information and strategic asymmetry. The basic premise of this article is that given the European popularity of business …

The Pacific Alliance And Its Effect On Latin America: Must A Continental Divide Be The Cost Of A Pacific Alliance Success?, Christine Daniels

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Dynamic Allocation Of Burden Doctrine As A Mitigation Of The Undesirable Effects Of Iqbal’S Pleading Standard, Nicolás J. Frías Ossandón

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Age Of ‘Depoliticisation’ And ‘Dejuridification’ And Its ‘Logic Of Assembling’: An Essay Against The Instrumentalist Use Of Comparative Law’S Geopolitics, Luca Siliquini-Cinelli

Loyola of Los Angeles International and Comparative Law Review

While comparative law has become a key discipline, its instrumentalist use has turned out to be a powerful weapon: it is the ‘pen’ by which the identity of and differences in law’s geopolitics are continually written and rewritten. Given its attractive functionalist essence, comparative law is gaining increasing international credit as a way of developing newer theories of sovereignty and governance in a framework in which law is conceived of less as a set of rules and more as a symbolic vestimentum of global soft power. The present contribution critically investigates the relationship between distortive views of comparative law’s geopolitics …