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2020

Comparative and Foreign Law

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Full-Text Articles in Law

The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry Dec 2020

The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files".

The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.

As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution Act, 1867. This includes …


Federal Rule 44.1: Foreign Law In U.S. Courts Today, Vivian Grosswald Curran Nov 2020

Federal Rule 44.1: Foreign Law In U.S. Courts Today, Vivian Grosswald Curran

Articles

This article presents an in-depth analysis of the latent methodological issues that are as much a cause of U.S. federal court avoidance of foreign law as are judicial difficulties in obtaining foreign legal materials and difficulties in understanding foreign legal orders and languages. It explores Rule 44.1’s inadvertent introduction of a civil-law method into a common-law framework, and the results that have ensued, including an incomplete transition of foreign law from being an issue of fact to becoming an issue of law. It addresses the ways in which courts obtain information about foreign law today, suggesting among others the methodological …


Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe Nov 2020

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …


An Everyday Lawyer’S Shakespeare, Carl J. Circo Oct 2020

An Everyday Lawyer’S Shakespeare, Carl J. Circo

Arkansas Law Notes

This summer, I enjoyed a unique opportunity to explore Shakespeare’s critique of law with a small group of students and a dear colleague in a study abroad program at the University of Arkansas Rome Center. I want to share my reflections on this singularly rewarding experience.


The U.S. Sentencing Commission’S Recidivism Studies: Myopic, Misleading, And Doubling Down On Imprisonment, Nora V. Demleitner Oct 2020

The U.S. Sentencing Commission’S Recidivism Studies: Myopic, Misleading, And Doubling Down On Imprisonment, Nora V. Demleitner

Scholarly Articles

Recidivism has now replaced rehabilitation as the guiding principle of punishment. It is increasingly used to steer criminal justice policy despite research limitations. It serves as a stand-in for public safety, even though lengthy incarceration may have criminogenic and other negative ramifications for family members and communities. Yet the U.S. Sentencing Commission emphasizes recidivism. It emphasizes what amounts to preemptive imprisonment for those with long criminal records to prevent future offending.

The Commission’s work should come with a warning label. First, its recidivism studies should not be consumed on their own. Instead they must be read in conjunction with U.S. …


Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix T. Wu, Justin Hughes Oct 2020

Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix T. Wu, Justin Hughes

Articles

This symposium discussion of the Loyola of Los Angeles Law Review focuses on the newly enacted California Consumer Privacy Act (CPPA), a statute signed into state law by then-Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020. The panel was held on February 20, 2020.

The panelists discuss how businesses are responding to the new law and obstacles for consumers to make effective use of the law’s protections and rights. Most importantly, the panelists grapple with questions courts are likely to have to address, including the definition of personal information under the CCPA, the application …


Women As Judges At International Criminal Tribunals, Milena Sterio Oct 2020

Women As Judges At International Criminal Tribunals, Milena Sterio

Law Faculty Articles and Essays

This Article analyzes the presence of female judges within international criminal tribunals, starting with the Yugoslavia and Rwanda Tribunals in the 1990s. In particular, the Article discusses specific numbers of female judges at the Yugoslavia and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, the newly created Kosovo Specialist Chambers, and the International Criminal Court.

While the presence of women as prosecutors, defense attorneys, victim representatives, and other professionals at these tribunals is equally important, this Article focuses on the number of female judges, as such data …


Fraud And Foreign Judgments Under Singapore Law, Adeline Chong Oct 2020

Fraud And Foreign Judgments Under Singapore Law, Adeline Chong

Research Collection Yong Pung How School Of Law

A foreign judgment is generally not to be reviewed on the merits at the recognition and enforcement stage. Yet, an exception has always been carved out for fraud under the common law rules on the basis that ‘fraud unravels everything’ (Lazarus Estates Ltd v Beasley [1956] 1 QB 702, 712 per Lord Denning). Thus, English courts allow a judgment debtor to raise fraud at the recognition and enforcement stage even if no new evidence is adduced and fraud had been considered and dismissed by the court of origin (Abouloff v Oppenheimer & Co (1882) 10 QBD 295). This seeming anomaly …


Mcswain-Walker Lecture: How Disability Drives Innovation: An Intersectional And Global Perspective, Haben Girma Sep 2020

Mcswain-Walker Lecture: How Disability Drives Innovation: An Intersectional And Global Perspective, Haben Girma

Other Events & Lectures

No abstract provided.


Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams Sep 2020

Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.


Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt Sep 2020

Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt

Law Librarian Scholarship

In our increasingly globalized world, a legal issue outside of American domestic law can pop up in a variety of circumstances. Commercial transactions, marriage and custody issues, immigration statuses, and more may involve the law of another nation or be governed by an international treaty. This article outlines some resources to help you tackle foreign, comparative, and international legal issues, whenever they arise.


Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane Ginsburg, Irene Calboli Sep 2020

Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane Ginsburg, Irene Calboli

Faculty Scholarship

This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and Civil Law jurisdictions. Because the United States does not provide sui generis protection for industrial design, but instead protects design through trademark law (notably by protecting trade dress) and design patents, this chapter focuses on the overlap between trademark and copyright protection. The Lalique bottles created for Nina Ricci perfumes, for example, may enjoy both trademark and copyright protection in the United States. Similarly, …


Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren Aug 2020

Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren

Popular Media

No abstract provided.


See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo Jul 2020

See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.

To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …


Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren Jul 2020

Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren

Faculty Publications

No abstract provided.


Soft Launch Of The Asian Principles For The Recognition And Enforcement Of Foreign Judgments, Adeline Chong Jul 2020

Soft Launch Of The Asian Principles For The Recognition And Enforcement Of Foreign Judgments, Adeline Chong

Research Collection Yong Pung How School Of Law

In January 2018, we reported on the Recognition and Enforcement of Foreign Judgments in Asia, a publication by the Asian Business Law Institute (ABLI).


Extraterritoriality As Choice Of Law, Carlos Manuel Vázquez Jun 2020

Extraterritoriality As Choice Of Law, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The proper treatment of provisions that specify the extraterritorial scope of statutes has long been a matter of controversy in Conflict of Laws scholarship. This issue is a matter of considerable contemporary interest because the Third Restatement of Conflict of Laws proposes to address such provisions in a way that diverges from how they were treated in the Second Restatement. The Second Restatement treats such provisions—which I call geographic scope limitations—as choice-of-law rules, meaning, inter alia, that the courts will ordinarily disregard them when the forum’s choice-of-law rules or a contractual choice-of-law clause selects the law of a state as …


Introductory Note To United Nations Security Council Resolution 2498, Milena Sterio Jun 2020

Introductory Note To United Nations Security Council Resolution 2498, Milena Sterio

Law Faculty Articles and Essays

On November 15, 2019, the United Nations Security Council passed Resolution 2498, which extended the mandate of the previously established Panel of Experts of Somalia by an additional year; the Resolution also expanded the scope of the Panel's inquiry by specifically tasking the Panel to investigate Al-Shabaab's revenue sources and illegal taxation schemes.


Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak May 2020

Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Since the UK adopted the world's first stewardship code in 2010, stewardship codes have proliferated across Asia. Given the UK Code's prominence, it is tempting to assume that every other stewardship code performs the same function as the UK Code. This assumption belies the truth: all these codes--regardless of whether they have in fact drawn inspiration from the UK Code--have taken different trajectories due to each adopting its jurisdiction's distinctive institutional and legal context.Using empirical evidence and in-depth case studies of stewardship in Japan and Singapore, this Article reveals how any reception of United Kingdom-style stewardship concepts is only skin …


The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Soh May 2020

The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Soh

Research Collection Yong Pung How School Of Law

The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation …


Commercial Law Intersections, Giuliano Castellano, Andrea Tosato Apr 2020

Commercial Law Intersections, Giuliano Castellano, Andrea Tosato

All Faculty Scholarship

Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of these events falls concurrently within the purview of two or more of these commercial law branches - such as corporate law, intellectual property law, secured transactions law, conduct and prudential regulation - an overlap materializes. We refer to this legal phenomenon as a commercial law intersection (CLI). Some notable examples of transactions that feature CLIs include bank loans secured by shares, supply chain financing arrangements, patent cross-licensing, and blockchain-based …


Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr. Apr 2020

Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.

All Faculty Scholarship

This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured transactions law for personal property should follow. These Modern Principles are based on UCC Article 9 and its many progeny, including the UNCITRAL Model Law on Secured Transactions. The chapter situates the Modern principles in the context of the transplantation of law from one legal system to another. It draws in particular on Alan Watson’s pathbreaking …


Copyright In The Texts Of The Law: Historical Perspectives, Charles Duan Apr 2020

Copyright In The Texts Of The Law: Historical Perspectives, Charles Duan

Articles in Law Reviews & Other Academic Journals

Recently, state governments have begun to claim a copyright interest in their official published codes of law, in particular arguing that ancillary materials such as annotations to the statutory text are subject to state-held copyright protection because those materials are not binding commands that carry the force of law. Litigation over this issue and a vigorous policy debate are ongoing.

This article contributes a historical perspective to this ongoing debate over copyright in texts relating to the law. It reviews the history of government production and use of annotations, commentaries, legislative debates, and other related information relevant to the law …


America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi Apr 2020

America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi

Faculty Scholarship

No abstract provided.


Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi Apr 2020

Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi

Faculty Scholarship

No abstract provided.


Introductory Note: Georgia V. Russia (European Court Of Human Rights), Milena Sterio Apr 2020

Introductory Note: Georgia V. Russia (European Court Of Human Rights), Milena Sterio

Law Faculty Articles and Essays

In a January 31, 2019 decision, the European Court of Human Rights (ECtHR, or Court) held that Russia, the respondent state, should pay Georgia, the applicant state, 10 million euros as just satisfaction for violations committed by Russia against Georgian nationals; these violations had previously been established in the Court's main judgment in 2014 (Georgia v. Russia). The Court also held that Georgia should distribute this amount to approximately fifteen hundred Georgian victims, which had been identified in the Court's main judgment in 2014. In this important decision, the ECtHR continued to build on its recent case law, in holding …


Were Justices Lawyers?, Thomas J. Mcsweeney Mar 2020

Were Justices Lawyers?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Legal Genres, Thomas J. Mcsweeney Mar 2020

Legal Genres, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Who Are The "We"?, Thomas J. Mcsweeney Mar 2020

Who Are The "We"?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


An Intellectual History Of Comparative Tax Law, Kim Brooks Mar 2020

An Intellectual History Of Comparative Tax Law, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author argues that comparative tax law has an intellectual history. More specifically, the author claims that history reveals there is a distinguishable comparative tax law scholarship where tax scholars engage in common debates. The author then offers a description of method, highlighting the difficulty of identifying the work that might be considered “comparative tax law.” Next, the author conceptualizes and clusters contributions from scholars who have framed the comparative tax law field. The author argues that our national boundedness, combined with the lack of an explicit network of scholars, has masked the rich intellectual history in …