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2014

Comparative and Foreign Law

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Articles 1 - 30 of 835

Full-Text Articles in Law

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson Dec 2014

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …


Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate Dec 2014

Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate

Manoj S. Mate

This article examines judicial challenges to central government power in the Supreme Court of India by analyzing activism and assertiveness in fundamental rights decisions from 1977 to 2007. Based on field research and contextual analysis of politically significant decisions, the article traces patterns of judicial assertiveness in politically significant fundamental rights decisions. During this era, the Court was selectively assertive in challenging the central government in fundamental rights cases. This article provides an explanatory account of the motives and factors that drove the Supreme Court of India‘s selective activism and assertiveness in politically significant fundamental rights decisions. It argues that …


Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins Dec 2014

Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Contract Law In The Ussr And The United States: History And General Concept. E. Allan Farnsworth And Victor P. Mozolin. Washington: International Law Institute In Cooperation With Parker School Of Foreign And Comparative Law, Columbia University School Of Law, 1987., Michael Wells Dec 2014

Book Review: Contract Law In The Ussr And The United States: History And General Concept. E. Allan Farnsworth And Victor P. Mozolin. Washington: International Law Institute In Cooperation With Parker School Of Foreign And Comparative Law, Columbia University School Of Law, 1987., Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat Dec 2014

Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat

Georgia Journal of International & Comparative Law

No abstract provided.


American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau Dec 2014

American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau

Georgia Journal of International & Comparative Law

No abstract provided.


Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles Dec 2014

Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles

Annelise Riles

In the wake of the disasters of March 2011, financial regulators and financial-risk management experts in Japan expressed little hope that much could be done nor did they take great interest in defining possible policy interventions. This curious response to regulatory crisis coincided with a new fascination with culturalist explanations of financial markets, on the one hand, and a resort to what I term “data politics”—a politics of intensified data collection—on the other. In this article, I analyze these developments as being exemplary of a new regulatory moment characterized by a loss of faith in both free market regulation and …


Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles Dec 2014

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Annelise Riles

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The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles Dec 2014

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles

Annelise Riles

Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, …


Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles Dec 2014

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles

Annelise Riles

This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …


Foreword: Transdisciplinary Conflicts Of Law, Ralf Michaels, Karen Knop, Annelise Riles Dec 2014

Foreword: Transdisciplinary Conflicts Of Law, Ralf Michaels, Karen Knop, Annelise Riles

Annelise Riles

This introduction to our co-edited special issue of Law and Contemporary Problems addresses how interdisciplinary studies might contribute to the revitalization of the field of Conflict of Laws. The introduction surveys existing approaches to interdisciplinarity in conflict of laws - drawn primarily from economics, political science, anthropology and sociology. It argues that most of these interdisciplinary efforts have remained internal to the law, relating conflicts to other legal spheres and issue areas. It summarizes some of the contributions of these projects but also outlines the ways they fall short of the full promise of interdisciplinary work in Conflicts scholarship, and …


Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana Dec 2014

Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana

Aziz Rana

No abstract provided.


What Future Democracy?, Aziz Rana Dec 2014

What Future Democracy?, Aziz Rana

Aziz Rana

The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.


Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law Dec 2014

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade In Services From The Japanese Viewpoint, Masato Dogauchi Dec 2014

International Trade In Services From The Japanese Viewpoint, Masato Dogauchi

Georgia Journal of International & Comparative Law

No abstract provided.


Perspective Of The Private Sector--Banking, F. William Hawley Dec 2014

Perspective Of The Private Sector--Banking, F. William Hawley

Georgia Journal of International & Comparative Law

No abstract provided.


Intellectual Property: Perspective Of The Developing World, Peter Gakunu Dec 2014

Intellectual Property: Perspective Of The Developing World, Peter Gakunu

Georgia Journal of International & Comparative Law

No abstract provided.


Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman Dec 2014

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.


The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart Dec 2014

The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart

Georgia Journal of International & Comparative Law

No abstract provided.


Mineral Taxation In Zambia, Muna Ndulo Dec 2014

Mineral Taxation In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.


Targeting And The Concept Of Intent, Jens David Ohlin Dec 2014

Targeting And The Concept Of Intent, Jens David Ohlin

Jens David Ohlin

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …


The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin Dec 2014

The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin

Jens David Ohlin

No abstract provided.


Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser Dec 2014

Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …


Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser Dec 2014

Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

No abstract provided.


Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser Dec 2014

Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

No abstract provided.


"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser Dec 2014

"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …


Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser Dec 2014

Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser

Mitchel Lasser

No abstract provided.


The European Pasteurization Of French Law, Mitchel Lasser Dec 2014

The European Pasteurization Of French Law, Mitchel Lasser

Mitchel Lasser

In a series of stunning decisions handed down in the last few years, the European Court of Human Rights (ECHR) has condemned the decisionmaking procedures traditionally used by the French Supreme Courts (i.e., the Cour de cassation and the Conseil d'Etat). This Article traces and critiques this developing “fair trial” jurisprudence, which has also resulted in the condemnation of the supreme courts of Belgium, Portugal, and the Netherlands, whose decisionmaking procedures were all patterned on the French civil law model. Finally, the Article examines the dramatic and schismatic French responses that have ensued.

This Article offers a case study at …


Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon Dec 2014

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of A Global Market-Based Debt Strategy To Regulate Private Lending To Developing Countries, Bradley K. Boyd Dec 2014

The Development Of A Global Market-Based Debt Strategy To Regulate Private Lending To Developing Countries, Bradley K. Boyd

Georgia Journal of International & Comparative Law

No abstract provided.