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Articles 1 - 4 of 4
Full-Text Articles in Law
Cuba And Good Governance, Berta E. Hernández-Truyol
Cuba And Good Governance, Berta E. Hernández-Truyol
UF Law Faculty Publications
The idea of “good governance” embraces the concept that economic success is inextricably linked to democratic and just governance. This essay explores how Cuba fares in light of good governance standards. At the outset, an overall observation is appropriate: if one considers the traditional criteria, to talk about Cuba and good governance might simply be an impossible task-- indeed an oxymoron--if we use as the starting point of analysis the existing definitions of governance. Therefore, in order to engage this thesis, I will deconstruct the idea of good governance into two parts--processes and outcomes. First, I explore the theoretical origins, …
The Havana Club Saga: Threatening More Than Just "Cuba Coke", Emily Taylor
The Havana Club Saga: Threatening More Than Just "Cuba Coke", Emily Taylor
Northwestern Journal of International Law & Business
The saga of the "Havana Club" brand began when the family-owned distillery in Cuba that created "Havana Club" rum was confiscated by the Cuban government during the communist revolution. Years later, a dispute arose as to the rightful owner of the U.S. trademark of the name. In an attempt to settle the matter, a U.S. statutory provision was passed that prevents the registration or protection (in the United States) of trademarks linked to businesses that were confiscated by the Cuban government. The statutory provision, § 211 of the Omnibus Appropriations Act of 1998 ("§ 211"), may have been in keeping …
Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott
Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott
Articles
By seeing events in the past as part of a dynamically evolving system with a large, but not indefinite, number of degrees of freedom, we can turn our attention to the multiple possibilities for change, and to the ways in which societies that are initially similarly situated may go on to diverge very sharply. Thus it is, I will argue, with societies in the 19th century that faced the challenge of building citizenship on the ruins of slavery.
Le 'Droit D'Avoir Des Droits': Les Revendications Des Ex-Esclaves À Cuba (1872-1909), Rebecca J. Scott, Michael Zeuske
Le 'Droit D'Avoir Des Droits': Les Revendications Des Ex-Esclaves À Cuba (1872-1909), Rebecca J. Scott, Michael Zeuske
Articles
In Cuba, a distinctive process of gradual emancipation brought a large number of enslaved and recently-freed men and women into the legal culture. What earlier might have remained oral or physical challenges now took legal form, as slaves and former slaves built alliances with those who could assist them in their appeals. The assertions of former slaves suggest an emerging conviction of a "right to have rights", going well beyond the immediate refusal of their own bondage. In this light, the office of the notary and the courts of first instance became places where freedom itself was constituted through the …