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Articles 1261 - 1290 of 5724
Full-Text Articles in Comparative and Foreign Law
Ilsa Journal Of International And Comparative Law
Ilsa Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
From The Editor-In-Chief, Liliana A. León Rivera
From The Editor-In-Chief, Liliana A. León Rivera
UC Law SF International Law Review
No abstract provided.
The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol
The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol
UC Law SF International Law Review
Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …
The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman
The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman
UC Law SF International Law Review
As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
UC Law SF International Law Review
Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …
Duress In Immigration Law, Elizabeth A. Keyes
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek
Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek
Catholic University Journal of Law and Technology
Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan
Law Faculty Scholarly Articles
Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …
Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang
Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang
UC Law SF International Law Review
Drawing upon overseas experiences, notably the U.S., China introduced the legal regime for shareholder inspection rights in its first national company law and over the years, has gradually developed more detailed rules and made amendments intended to better suit the local conditions. Apart from written law, this paper also conducts an empirical study of how the law has been applied in practice, by examining relevant cases adjudicated from 2012 to 2017. The empirical findings show that China’s shareholder inspection rights have some distinctive features, and there are similarities and differences between China and the U.S. (as represented by Delaware). Despite …
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
FIU Law Review
No abstract provided.
Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu
Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu
FIU Law Review
No abstract provided.
Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões
Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões
Cardozo International & Comparative Law Review
Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party appointment is a tool ofpolitical influence over the arbitrators' interpretative space. Suggestions for reform of the system have proliferated. The most radical proposal currently on the table-the creation of a permanent investment court-would cause a paradigm shift in the selection of adjudicators, moving from a disputing party framework, to a treaty party context. This article analyzes different options to reduce …
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Dickinson Law Review (2017-Present)
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman
Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman
Seattle University Law Review
This Symposium Article details the bazaars in the city of Banaras and explains why it is an especially good test case for considering the topic at hand: Corporate Capitalism and the City of God. The article explores how Banaras challenges normative views of “corporate capitalism,” both in terms of how it is practiced in the city and the rules that govern it. It further focuses on the legal system that is mobilized to guide commercial exchange and daily life in the bazaars of Banaras, this legal system’s relationship to the city’s courts and police, and the relationship between these two …
A Philosophical Inquiry Into The Concept Of Territorial Sovereignty: A New Analytical Framework Of The Territorial Disputes In The China Seas, Henan Hu
Cardozo International & Comparative Law Review
Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial sovereignty within territorial disputes by engaging in a philosophical inquiry to examine if the concept could be more fully understood and to ask to what extent do historical claims relate to the concept of territorial sovereignty and international law. This article argues that a definite answer to these …
Masthead - Cardozo International & Comparative Law Review, Vol. 5 (2021-22)
Masthead - Cardozo International & Comparative Law Review, Vol. 5 (2021-22)
Cardozo International & Comparative Law Review
No abstract provided.
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia
FIU Law Review
No abstract provided.
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
FIU Law Review
No abstract provided.
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
FIU Law Review
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
FIU Law Review
No abstract provided.
Narratives Of Quality In European Food Governance And Beyond, Lorenzo Bairati
Narratives Of Quality In European Food Governance And Beyond, Lorenzo Bairati
FIU Law Review
No abstract provided.
“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo
“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo
FIU Law Review
No abstract provided.
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
FIU Law Review
No abstract provided.
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
FIU Law Review
No abstract provided.
Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama
Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama
University of San Francisco Law Review
No abstract provided.
Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews
Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews
Articles & Chapters
This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …
Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear
Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear
Articles & Chapters
The Hagia Sophia has stood as one of the greatest religious buildings in the world for nearly 1,500 years. During this time, the structure was a church and then a mosque, before finally becoming a museum in 1934. But in July 2020, the Turkish president, Recep Tayyip Erdoğan, re-converted the Hagia Sophia to a mosque following a ruling by the Turkish Council of State. The re-conversion was received with outrage across much of the world, but whether the decision was legal poses a much more difficult question.
This article analyzes Turkish domestic law and international law to conclude that there …
The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo
The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo
Cardozo Journal of Conflict Resolution
The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.