Comparative and Foreign Law Commons^™

Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida

UC Law SF International Law Review

No abstract provided.

Will Prime Minister Abe's Womenomics Break Glass Ceilings In Japan, Hiroko Goto

UC Law SF International Law Review

No abstract provided.

Post-Brexit: A Continuum For State Sovereignty, Morad Eghbal, K.C. O'Rourke

ILSA Journal of International & Comparative Law

Both sides of the Brexit campaign were very nationalist in their outlook suggesting that profitable preservation of a capitalist economy was paramount based on a conservative sense of nationalism and sovereignty

Are Cubans Unjustly Favored Relative To Non-Cubans Immigrants? - An Understanding Of The Communist Reality In Cuba And The Legitimacy Of The Cuban Adjustment Act, Leslie Perez Perez

ILSA Journal of International & Comparative Law

We believe the people of Cuba should be free from tyranny.

The Correlation Between Wiretapping And Terrorism: A Comparative Analysis Of American And European Societal Views On Government Surveillance, Lora A. Esau

ILSA Journal of International & Comparative Law

No abstract provided.

The 2016 Philip C. Jessup International Law Moot Court Competition

ILSA Journal of International & Comparative Law

BACKGROUND

Riesland and Amestonia are neighboring States with a common language and similar ethnic composition. They enjoy healthy cross-border economic, cultural, and security ties. Riesland is the top importer of Amestonian agricultural products, which has contributed to Amestonia’s rapid GDP growth. The States have concluded a number of bilateral treaties on subjects such as tourism, extradition, and intelligence-sharing.

Addressing Prison Overcrowding In Latin America: A Comparative Analysis Of The Necessary Precursors To Reform, Cindy S. Woods

ILSA Journal of International & Comparative Law

Prisons throughout Latin America are notoriously overcrowded, underfunded, and lacking in proper internal security.

Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein

American University Law Review

No abstract provided.

Decentering Human Rights From The International Order Of States: The Alignment And Interaction Of Transnational Policy Channels, Radu G. Mares

Indiana Journal of Global Legal Studies

This article accounts for recent developments in corporate social responsibility, international trade and investment law, international human rights law, development aid, and the laws of home states reaching extraterritorially in order to advance a regulatory perspective on commerce and human rights. While these developments are remarkable, the analysis documents the prevalence of softer strategies and a corresponding scarcity of coercive legalization strategies. The question, then, is how to reason about these recent developments and their genuine potential for human rights protection. The article proposes two elements-a root-cause orientation and the interaction of policy channels-as indispensable for a regulatory and systemic …

The 2016 Philip C. Jessup International Law Moot Court Competition

ILSA Journal of International & Comparative Law

The State of Amestonia and the Federal Republic of Riesland appear before the International Court of Justice in accordance with Article 40(1) of its Statute through submission of a special agreement for resolution of all the differences between them concerning the Frost Files.

Enforcing International Law In U.S. Courts: The Law Of The Sea Convention At Play In Kivalina, Esmeralda Colombo

ILSA Journal of International & Comparative Law

No abstract provided.

Asistencia Al Exterior Por Parte De Los Estados Unidos: Mas Alla De Buenas Intenciones Y Hacia La Imputabilidad, James Filpi, Luke Murry

ILSA Journal of International & Comparative Law

Estados Unidos esta marcando el comienzo de una nueva era de asistencia al exterior sin precedente en su historia.

Confrontando La Superpoblacion Carcelaria En America Latina: Analisis Comparativo De Los Precursores Necesarios Para Reformar, Cindy S. Woods

ILSA Journal of International & Comparative Law

Las prisiones a lo largo de America Latina estan notablemente abarrotadas, carecen del financiamiento necesario, asi como de la seguridad interna adecuada.

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.

International Court Of Justice

ILSA Journal of International & Comparative Law

The Hague, 1 September 2015

On behalf of the State of Amestonia and the Federal Republic of Riesland, in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Special Agreement for submission to the International Court of Justice of the differences between the Applicant and the Respondent concerning the Frost files, signed in The Hague, The Netherlands, on the first day of September in the year two thousand fifteen.

Isis's Crimes Against Humanity And The Assyrian People: Religious Totalitarianism And The Protection Of Fundamental Human Rights, Yuri Mantilla Ph.D, Ll.M., Ll.B.

ILSA Journal of International & Comparative Law

Despite great technological progress, increasing free trade, instant access to international communications, and other positive aspects of globalization, the world is still characterized by systematic and widespread violations of human dignity.

La Validez Formal De Las Dispisciones Mortis Causa En El Reglamento 650/2012 (Ue): Una Lectura Desde El Derecho Espanol, Dra. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

La finalidad del comentario que sique es abordar la cuestion relativa a la ley aplicable a la validez formal de una disposicion mortis causa al amparo del Reglamento 650/2012

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Foreign Assistance Complicity, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

When does a government’s provision of assistance to foreign armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit atrocities? The question presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among the U.S. federal courts and international tribunals that have faced it.

In 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sent shockwaves through international legal circles when it acquitted former Yugoslav Army chief Momčilo Perišić of aiding and …

Forging Path For Women's Rights In Customary Law, Tamar Ezer

Articles

No abstract provided.

The Conflicts Restatement And The World, Ralf Michaels

Faculty Scholarship

No abstract provided.

Comparative Law And Private International Law, Ralf Michaels

Faculty Scholarship

No abstract provided.

Jurisdiction, Foundations, Ralf Michaels

Faculty Scholarship

No abstract provided.

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith

UIC Review of Intellectual Property Law

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …

Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline

UIC Review of Intellectual Property Law

No abstract provided.

Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes

UIC Review of Intellectual Property Law

No abstract provided.

Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray

UIC Review of Intellectual Property Law

The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …

Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi

UIC Review of Intellectual Property Law

While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history …

Amber Tears And Copyright Fears: The Inadequate Protection Of Cultural Heritage In The United States, 15 J. Marshall Rev. Intell. Prop. L. 543 (2016), Ingrida Latoza

UIC Review of Intellectual Property Law

The United States is comprised of many different cultural communities, each rich with expressions of language and custom. Cultural diversity promotes respect among individuals and harmonizes differences between communities—nationally and globally. Through the preservation of cultural heritage, diversity is maintained. Since World War II, with the exile of many from Lithuania, members of the Lithuanian-American community have strived to maintain the cultural heritage of their beloved homeland. After several decades, a Lithuanian-American cultural identity has developed, creating unique and individual traditions, adding to the cultural heritage of the United States as a whole. Most of the international community has adopted …