Comparative and Foreign Law Commons^™

Los Peligros Del Empleo "A Voluntad" Y Justa Causa: Un Analisis Comparativo De La Ley De Empleo En Estados Unidos Y Colombia, Alejandro Gutierrez

ILSA Journal of International & Comparative Law

En Marzo del 2012, catorce empleados de un bufete de abogados en el sur de la Florida fueron despedidos simplemente por llevar puestas camisetas de color naranja al trabajo.'

A Football Monopoly: The Lack Of Parity And Financial Resposibility In Today's Game, Ryan M. Knight

ILSA Journal of International & Comparative Law

The transfer system associated with European football' is completely unique from any other form of American sports

Mediation In The Catalan Legal System: Special Reference To Its Guiding Principles, Dr. Fernando Garriga Arino

ILSA Journal of International & Comparative Law

Until the publication of the Catalan Family Mediation Law (CFML),' France was the only European country with a specific law in effect regulating family mediation.

Cuando La Victima Se Convierte En Criminal: El Caso De Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chávez Frías subió al poder en el seno de una era marcada por corrupción en las esferas del gobierno y altos niveles de pobreza.

Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones

The Modern American

No abstract provided.

Exiting The Euro, Frederick V. Perry, Wendy Gelman

Richmond Journal of Global Law & Business

The Crisis in the Euro Zone threatens to break up the Euro and perhaps derail the European Union itself. Many argue that a Member State exiting the Euro would be not only unthinkable, but also a practical impossibility, given the status of the “constitutionality” of European law, the treaties forming the European Union and the Euro, and customary European law. Europeans have been, for centuries, very creative in forging economic and trading alliances—some that appeared to be political alliances and even elementary union. They have also, on more than one occasion, attempted to confect monetary stability. Some of these attempts …

Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde

ILSA Journal of International & Comparative Law

In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago.

Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.

Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy

Maryland Journal of International Law

No abstract provided.

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Difficulty Of Enforcing American Family Law Judgments In Japan, James B. Kildunne

UC Law SF International Law Review

This Note examines modem Japanese family law, focusing particularly on Japan's failure to ratify the Hague Convention on the Civil Aspects of International Child Abduction and the difficulty that poses for parents seeking to enforce custody orders from their home country in Japan; the formal, functional, and cultural limitations within the Japanese legal system that make joint custody between separated parents very difficult to achieve; procedures in place in the United States at both the local and federal level to prevent international child abduction; and, finally, a recommendation that the United States utilize its unique relationship with Japan to urge …

The Impact Of The Human Provincial Administrative Procedure Provisions, Peter Witherington

UC Law SF International Law Review

In April, 2008, Zhou Qiang, then the governor of Hunan Province (and current president of China's Supreme People's Court), presided over the adoption of the Hunan Provincial Administrative Procedure Provisions ("Provisions"). At its passage, this regulation represented the first comprehensive code of administrative procedure to be adopted in the People's Republic of China. This Note contends that Provisions represent a departure for administrative procedure in China, and should be viewed as a positive, if preliminary, step towards comprehensive rule of law.

Beginning with a brief overview of modern Chinese administrative law and its theoretical underpinnings, this Note presents the argument …

The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote

UC Law SF International Law Review

No abstract provided.

Japan's Judicial System May Change, But Its Fundamental Nature Says Virtually The Same: Recent Japanese Reforms On The Judicial Appointment And Evaluation, Takayuki Ii

UC Law SF International Law Review

No abstract provided.

Circumstances That Would Prejudice Impartiality: The Meaning Of Fairness In Japanese Jurisprudence, Mark A. Levin

UC Law SF International Law Review

No abstract provided.

Enforcing Online Arbitration Agreements For Cross-Border Consumer Small Claims In China And The United States, Philip Johnson

UC Law SF International Law Review

This Article analyzes the enforceability of provisions found in international business-to-consumer contracts that mandate online arbitration between the parties to resolve their disputes.

Specifically, the Article assesses the applicability of the New York Convention, Chinese law, and United States law to contracts that require online arbitration for disputes that arise out of low value transactions between businesses and consumers in China and the United States. The Article concludes with recommendations for changes in the law that aim to improve online dispute resolution, thereby promoting online commercial activity.

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

Articles

Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …

Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman

Faculty Scholarship

No abstract provided.

Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters

Articles by Maurer Faculty

The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this document? Has it advanced a project of justice, or of law? The Opinion has done something, though not, perhaps, what it purports to do. To understand it, we must engage this cautious, crimped document in its full context-or rather, we must understand the …

Supranational? Federal? Intergovernmental? The Governmental Structure Of The European Union After The Treaty Of Lisbon, Roger J. Goebel

Faculty Scholarship

The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the initial institution whose structure and operations have always been markedly supranational in character and which has always been dedicated to the promotion of supranational goals. Part II examines the Council of Ministers, the political institution that is intrinsically intergovernmental in character, but whose operational role in the …

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

International Law And Institutions And The American Constitution In War And Peace, Thomas H. Lee

Faculty Scholarship

This Article describes how international law and institutions are not necessarily incompatible with U.S. sovereign interests today and how they were historically accepted as valid inputs to interpreting and implementing the Constitution during the founding and infancy of the United States and through the Civil War.

Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration And International Investment Arbitration, S. I. Strong

Faculty Publications

For many years, courts, commentators and counsel agreed that 28 U.S.C. §1782 – a somewhat extraordinary procedural device that allows U.S. courts to order discovery in the United States “for use in a proceeding in a foreign or international tribunal” – did not apply to disputes involving international arbitration. However, that presumption has come under challenge in recent years, particularly in the realm of investment arbitration, where the Chevron-Ecuador dispute has made Section 1782 requests a commonplace procedure. This Article takes a rigorous look at both the history and the future of Section 1782 in international arbitration, taking care to …

Targeting And The Concept Of Intent, Jens David Ohlin

Michigan Journal of International Law

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 …

Chinese National Well-Known Trademarks And Local Famous Trademarks In Light Of The 2013 Trademark Law: Status, Effect, And Adequacy, 13 J. Marshall Rev. Intell. Prop. L. 225 (2013), Paul Kossof

UIC Review of Intellectual Property Law

Chinese national well-known trademarks (中国驰名商标) and local famous trademarks (本地著名商标) are two distinct unique intellectual property rights in the People’s Republic of China (“PRC”). Intellectual property attorneys in the PRC, especially foreign consultants, often encounter challenges in understanding these trademark rights including various legislative, administrative, and judicial documents, differences between local regulations, and the general lack of information and translations. The third revision to the Trademark Law, which takes effect on May 1, 2014, will bring widespread domestic attention to this subject because the new law bans the use of national well-known trademarks on products, packaging, and advertising. The author …

International Criminal Law In 2013: The Most Significant Developments (Proceedings Of The Asil Annual Meeting), Milena Sterio

Law Faculty Presentations and Testimony

While many events have shaped the development of international criminal law over the past year, the most significant ones, in my view, included the Special Court for Sierra Leone's appellate confirmation of the Charles Taylor verdict, as well as the United Nations Security Council's failure to refer the Syrian situation to the International Criminal Court (ICC).