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2009

Comparative and Foreign Law

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Articles 1 - 30 of 382

Full-Text Articles in Law

Appointed To Three Year Term On Finance Committee Of The Town Of Westport, Massachusetts, Charles Baron Aug 2013

Appointed To Three Year Term On Finance Committee Of The Town Of Westport, Massachusetts, Charles Baron

Charles H. Baron

No abstract provided.


Elected To The Board Of Directors Of The Westport River Watershed Alliance, Charles Baron Aug 2013

Elected To The Board Of Directors Of The Westport River Watershed Alliance, Charles Baron

Charles H. Baron

No abstract provided.


Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron Aug 2013

Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron

Charles H. Baron

No abstract provided.


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.


Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo Dec 2009

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


The Illegal-Settlements Myth, David Phillips Nov 2009

The Illegal-Settlements Myth, David Phillips

David M. Phillips

No abstract provided.


Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis Nov 2009

Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis

Nicos Trimikliniotis

The visit of Elders in December 2009 is coinciding with a critical moment in the negotiation process, which is gradually entering into its final crucial phase. The two leaders appear determined to move forward with a settlement, despite the inherent difficulties; the Elders’ visit can assist the process by encouraging the leaders to show courage and boldness so as to press on with an agreement as soon as possible. Unlike in 2004, where both process and outcome were in the end delegitimized as ‘externally imposed’ and ‘not properly balanced’, this time the process is entirely owned and controlled by the …


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …


Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos Nov 2009

Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos

Apostolos Chronopoulos

This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …


Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron Oct 2009

Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron

Charles H. Baron

No abstract provided.


Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Oct 2009

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne

Péter Cserne

This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)


Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law Oct 2009

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …


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.


Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen Oct 2009

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …


International & Comparative Law Perspectives: Fall 2009, Int'l & Comp. Law Program Oct 2009

International & Comparative Law Perspectives: Fall 2009, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.


Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene Oct 2009

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about the …


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.


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.


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.


Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot Oct 2009

Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot

Scholarly Publications

Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …


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


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.


Methodological Approaches To Comparative Law, Roger Williams University School Of Law Oct 2009

Methodological Approaches To Comparative Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis Sep 2009

Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a staudy on racism in sport in Cyprus, part of the the RAXEN Network.

There is no comprehensive study, nor is there any systematic system of recording racist incidents and discriminatory practices in sport in Cyprus. To collect the necessary evidence for the purposes of this report the NFP relied on various secondary sources (books, media reports). Additionally, the report draws on interviews as well as extensive information gathering from the persons interviewed (see interview list). There is however some ‘concrete’ evidence in the form of specialised body reports and sanctions against particular clubs imposed by the tribunal …