Comparative and Foreign Law Commons^™

Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana

University of Miami International and Comparative Law Review

No abstract provided.

Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna

University of Miami International and Comparative Law Review

No abstract provided.

Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux

University of Miami Inter-American Law Review

No abstract provided.

Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino

University of Miami International and Comparative Law Review

No abstract provided.

The Ubs/Irs Settlement Agreement And Cayman Island Hedge Funds, Chris Horton

University of Miami Inter-American Law Review

No abstract provided.

(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson

University of Miami International and Comparative Law Review

No abstract provided.

A Right To Bare All? Female Public Toplessness And Dealing With The Laws That Prohibit, Danielle Moriber

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and societal implications of women's right to be topless in public, arguing that this issue intersects with First Amendment rights, equal protection under the law, and cultural perceptions of gender and modesty. It contends that while societal norms heavily influence laws restricting female toplessness, such restrictions often disproportionately target women and raise constitutional concerns. The analysis advocates for a balanced approach, such as zoning regulations, to address these issues while respecting individual rights and community standards.

Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones

San Diego International Law Journal

This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.

Carbon Down Under - Lessons From Australia: Two Recommendations For Clarifying Subsurface Property Rights To Facilitate Onshore Geologic Carbon Sequestration In The United States, Tracy J. Logan

San Diego International Law Journal

This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of …

Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court, Scott T. Johnson

ILSA Journal of International & Comparative Law

My talk today analyzes victims' [articipation from the defendant's perspective and its impact upon the right to a fair trial at the International Criminal Court (ICC).

Comparacion Historica Y Contemporanea De Los Esfuerzos Legales De Brasil Y Los Estados Unidos Para Acorralar La Piratedria De Musica Digital Y Software P2p, Nolan Garrido

ILSA Journal of International & Comparative Law

Hoy en dia las compras legales de mfisica en linea han subido notablemente.

Climate Change And Developing Countries: The International Law Perspective, Ved P. Nanda

ILSA Journal of International & Comparative Law

A broad scientific consensus exists that climate change is real and the amount and rate of change have accelerated; the only uncertainty is about the political will of the international community to take effective measures to combat it.

Crimes Against Humanity Draft Bill Of 2009: The International Umplications Of Addressing Impunity Through National Legislation, Hansdeep Singh

ILSA Journal of International & Comparative Law

U.S. scholars have long been calling for domestic legislation addressing crimes against humanity.'

The Crisis: Libertas And Veritas, Eric Engle

ILSA Journal of International & Comparative Law

The world today finds itself in a recession. The global recession was caused by unsustainable borrowing provoked by the self destructive and incoherent "war on terror" in concert with irresponsible bank lending-bad debt.

From Beggars To Citizens: The Right To Nondiscrimination In Admission Into Commercial Establishments In Guatemala, Najman Alexander Aizenstatd Leistenschneider

ILSA Journal of International & Comparative Law

The denial of access to individuals into commercial establishments for arbitrary reasons is a common occurrence.

The Evolution Of Anti-Slavery Laws In The United States, Regina Bernadin

ILSA Journal of International & Comparative Law

In this new century, the United States of America is still struggling to end slavery within its borders.

A Human Rights Framework For Corporate Accountability, Jeanne M. Woods

ILSA Journal of International & Comparative Law

The ongoing controversy over corporate liability for human rights violations' seems counterintuitive today, in an era characterized by the unprecedented expansion of both rights instruments and global commercial intercourse.

International Migration: Trends, Challenges, And Need For Cooperation Within An International Human Rights Framework, Ved P. Nanda

ILSA Journal of International & Comparative Law

International migration is a growing phenomenon with the estimated number of international migrants worldwide currently at 214 million

A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar

ILSA Journal of International & Comparative Law

This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)

The Legal Integration Of The American Continent: An Invitation To Legal Science To Build A New Ius Commune, Juan Pablo Pampillo Balino

ILSA Journal of International & Comparative Law

The legal integration of the American Continent is one of the most important, suggestive and fertile issues for legal scholars on our continent.,

Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons

ILSA Journal of International & Comparative Law

Joint criminal enterprise (JCE)-a judicially interpreted doctrine'- has become a "hallmark" mode of liability at the international Tribunals.

The Moon Agreement And Private Enterprise: Lessons From Investment Law, Timothy G. Nelson

ILSA Journal of International & Comparative Law

The year 2009 marked two events of interest to those with an interest in lunar exploration.

The Decision From The Court Of First Instance That Destroyed The European Union Emissions Trading Scheme, Trevor E. Carson

Global Business & Development Law Journal

No abstract provided.

Global Issues In Commercial Law, Claude D. Rohwer, Kristen David Adams

McGeorge School of Law Teaching Materials

This book seeks to provide an international perspective and also sufficient domestic context to facilitate a comparative-law discussion. The book includes staples of international commercial law, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international insolvency, but also items of particular contemporary concern, including clawbacks, microfinance, and religious objections to the payment of interest in commercial contracts.

Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido

ILSA Journal of International & Comparative Law

Today, legal purchases of music from online retailers are skyrocketing. Digital music sales across the globe reached 2.9 billion dollars in 2007, up forty percent from the previous year.'

Constitutionalizing Communications: The German Constitutional Court's Jurisprudence Of Communications Freedom, Christopher Witteman

UC Law SF International Law Review

In the United States, the debate over communications issues as disparate as network neutrality and public broadcasting seems to be carried out in a constitutional vacuum. This is not surprising, as the First Amendment is framed as a negative - government shall make "no law" infringing the freedom of speech.

This paper explores the very different system that results from a constitution that is phrased in the affirmative, guaranteeing the freedom of the press and broadcasting. The German post-war constitution was built on the ashes of a fascist dictatorship that had misused mass communications; the new constitution was structured so …

Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue

University of Miami Inter-American Law Review

No abstract provided.

Reviewing Carbon Charges And Free Allowances Under Environmental Law And Principles, Steve Charnovitz

ILSA Journal of International & Comparative Law

In late June 2009, a slim majority of the U.S. House of Representatives enacted the American Clean Energy and Security Act

How Are Accountability Standards Implemented In The International Agricultural Research Centers?, Osmat A. Jefferson

ILSA Journal of International & Comparative Law

First, I would like to thank the panel members, in particular, Mr. Edward Flaherty, for inviting me to participate in this meeting. I am most grateful for this kind invitation.

88th Annual Meeting Of The American Branch Of The International Law Association, Keith Loken

ILSA Journal of International & Comparative Law

I am pleased to be here today to discuss the Hague Convention on Choice of Court Agreements.