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Articles 1681 - 1710 of 5724

Full-Text Articles in Comparative and Foreign Law

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing May 2018

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore May 2018

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 3 Apr 2018

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.


Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer Apr 2018

Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer

Cardozo International & Comparative Law Review

The article explores the evolution of intellectual property law in the digital age, focusing on trademarks and copyrights. It examines how courts and regulatory bodies like ICANN have addressed challenges such as trademark use in online contexts, digital copyright enforcement, and domain name disputes. The analysis highlights the adaptability of legal frameworks to new technologies and the ongoing efforts to balance intellectual property rights with the functional aspects of the internet.


Analyzing Pension Reforms In Nigeria: 14 Years After The Chilean Model, Irekpitan Okukpon Apr 2018

Analyzing Pension Reforms In Nigeria: 14 Years After The Chilean Model, Irekpitan Okukpon

Cardozo International & Comparative Law Review

Pensions are regarded as a form ofsocial security in any economy because of the attendant benefits which an employee is entitled to upon retirement and as a form of lfe savings. Over the past three decades, reforms of pension schemes and the pension industry by the Nigerian government has been fraught with criticisms, particularly with regards to poor implementation ofpension schemes and lacklustre legislation. The current 2014 Pension Reform Act contains specific innovations which attempt to address the problems inherent in previous legislations, particularly with regards to sanctions and compliance measures. This paper analyzes pension schemes in Chile, highlighting the …


Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman Apr 2018

Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman

Cardozo International & Comparative Law Review

The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.


Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter Apr 2018

Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter

Cardozo International & Comparative Law Review

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.


Unwise Integration Of The Foreign Account Tax Compliance Act Into The Common Reporting Standard - Taking Taiwan As An Example, Yi-Hsin Wu Apr 2018

Unwise Integration Of The Foreign Account Tax Compliance Act Into The Common Reporting Standard - Taking Taiwan As An Example, Yi-Hsin Wu

Cardozo International & Comparative Law Review

The note critically examines the challenges of integrating the Foreign Account Tax Compliance Act (FATCA) with the Common Reporting Standard (CRS), using Taiwan as a case study. It argues that integrating FATCA into CRS is unnecessary and could exacerbate compliance burdens for financial institutions, particularly in jurisdictions like Taiwan that have already invested significant resources into FATCA compliance. Instead, the note advocates for revising FATCA to clarify its provisions and reducing withholding tax obligations, while postponing CRS implementation to allow better preparation and avoid unfair competitive disadvantages.


Football In London? An Antitrust Examination Of The National Football League’S International Expansion Efforts, Michael Scott Apr 2018

Football In London? An Antitrust Examination Of The National Football League’S International Expansion Efforts, Michael Scott

Cardozo International & Comparative Law Review

The NFL's potential international expansion to the UK presents significant antitrust challenges in both the US and the UK, requiring careful navigation of legal frameworks and strategic planning to avoid scrutiny.


Putusan Sengketa Laut China Selatan Serta Implikasi Hukumnya Terhadap Negara Disekitar Kawasan Tersebut, Muhammad Rafi Darajati, Huala Adolf, Idris - Mar 2018

Putusan Sengketa Laut China Selatan Serta Implikasi Hukumnya Terhadap Negara Disekitar Kawasan Tersebut, Muhammad Rafi Darajati, Huala Adolf, Idris -

Jurnal Hukum & Pembangunan

One of interesting developments about the global security is the issue of territorial disputes in the South China Sea between Philippines and China. Philippines has brought the dispute to the Permanent Court of Arbitration. The ruling from Permanent Court of Arbitration said that China’s claim about a nine-dash line does not have a legal basis. However, China rejects the ruling and remains aggressive which might cause instability in South China Sea region. This research aims to look at the implications of the ruling of the Permanent Court of Arbitration for State Parties and states around the South China Sea region. …


Letter From The Editor, Annie Bach Yen Nguyen Feb 2018

Letter From The Editor, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

The Notre Dame Journal of International and Comparative Law, Volume 8, Issue 1 (2018).


Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen Feb 2018

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …


Masthead Volume 8 Feb 2018

Masthead Volume 8

Notre Dame Journal of International & Comparative Law

No abstract provided.


Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares Feb 2018

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play …


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds Feb 2018

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Notre Dame Journal of International & Comparative Law

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …


Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout Feb 2018

Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout

Notre Dame Journal of International & Comparative Law

This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.


Front Matter And Table Of Contents Feb 2018

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Masthead Feb 2018

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley Feb 2018

European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley

University of Miami International and Comparative Law Review

No abstract provided.


Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, Ulrich G. Schroeter Feb 2018

Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, Ulrich G. Schroeter

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild Feb 2018

Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild

Cardozo Law Review

The article examines the complexities of Brexit, focusing on the integration of EU law into UK law and the challenges of disentangling the two legal systems post-Brexit. It explores key areas such as free movement, environmental law, and the forms of EU law, highlighting the interconnectedness of EU and UK legal frameworks. The author suggests a "sunset clause" approach to manage the transition, allowing EU laws to expire unless explicitly retained, to align with the UK's newfound independence and regulatory autonomy.


Sequencing Peace And Justice In Syria, Milena Sterio Jan 2018

Sequencing Peace And Justice In Syria, Milena Sterio

ILSA Journal of International & Comparative Law

Since 2011, the conflict in Syria has caused the death of hundreds of thousands of individuals and the displacement of millions. Efforts to refer the Syrian situation to the International Criminal Court (ICC) have consistently failed despite well-documented reports about the commission of serious crimes in Syria, including the use of chemical weapons against civilians, torture, the use of child soldiers, and crimes of sexual violence.


Mr. Trump's Contribution To Women's Human Rights, Barbara Stark Jan 2018

Mr. Trump's Contribution To Women's Human Rights, Barbara Stark

ILSA Journal of International & Comparative Law

The day after Donald Trump’s inauguration, women and their supporters marched across the United States (and around the world), in what was probably the largest single day of protest in American history


Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk Jan 2018

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.


Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao Jan 2018

Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao

UC Law SF International Law Review

In recent years, the media exposure and judicial exoneration of wrongfully convicted defendants in a number of high-profile capital cases in China have attracted the attention of reformers, the general public, and policy makers—both domestic and international. Yet, until now, there has been merely a thin body of empirical literature on this salient research topic. This lack of academic attention is due to the political sensitivity of the topic and the lack of publicly-accessible data. This paper is aimed at filling this critical gap in the literature. Based on in-depth analysis of 122 deathsentenced innocents, of which 109 have been …


Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama Jan 2018

Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama

UC Law SF International Law Review

The development of a legal system under globalization has impacted the legal practice of cross-border transactions. Businesses are confronted with several legal systems in foreign jurisdictions, as well as, foreign languages. On the other hand, the role of the legal system of each country becomes relatively diminished in the area of cross border transactions. The legal risk may materialize as uncertain knowledge and recognition of foreign legal systems and international law. From this perspective, it is more important to understand the roles of lawyers who support solving legal issues in transnational business. Cross-border transactions involve several different jurisdictions where the …


Revolutionary Reform In German Constitutional Law, Stephan Jaggi Jan 2018

Revolutionary Reform In German Constitutional Law, Stephan Jaggi

UC Law SF International Law Review

Since German unification in October 1990, this diagnosis of constitutionalism in Germany is only partly true. In the wake of German unification, the BVerfG acted within Ackerman’s revolutionary model and did refer to revolutionary achievements of the constitutional past. Contrary to Ackerman’s evaluation, the Court engaged in what I call “revolutionary reform” of German constitutional law by taking up revolutionary constitutional achievements of the East German 1989 Revolution and integrating them into the existing constitutional order under the West German Basic Law (Grundgesetz; GG). It is through revolutionary reform, I will argue, that the BVerfG has brought important change to …


Ilsa Journal Of International And Comparative Law Jan 2018

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson Jan 2018

The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson

ILSA Journal of International & Comparative Law

Those involved in peace negotiations often face the dilemma of balancing demands for justice with the imperative of stopping the conflict as quickly as possible. There are abiding ethical and moral debates surrounding this tension between peace and justice.


Ilsa Journal Of International & Comparative Law Jan 2018

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.