Comparative and Foreign Law Commons^™

Real Estate Development In Cuba: Present And Future, Antonio R. Zamora

ILSA Journal of International & Comparative Law

During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.

Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez

University of Miami Inter-American Law Review

No abstract provided.

Urban Informality As A Commons Dilemma, Sheila R. Foster

University of Miami Inter-American Law Review

No abstract provided.

Antagonizing Bogotá, Troy E. Elder

University of Miami Inter-American Law Review

No abstract provided.

The Key To Dreams: The Law And The Other City, Andrée Viana Garcés, Juan Felipe Pinilla Pineda

University of Miami Inter-American Law Review

No abstract provided.

Evaluating Stabilization Clauses In Venezuela's Strategic Association Agreements For Heavy-Crude Extraction In The Orinoco Belt: The Return Of A Forgotten Contractual Risk Reduction Mechanism For The Petroleum Industry, Thomas J. Pate

University of Miami Inter-American Law Review

No abstract provided.

A Tail Of Hope: Canada's North Atlantic Straddling And Highly Migratory Fish Stocks, And The Prince Of Darkness, George T. Williamson

University of Miami Inter-American Law Review

No abstract provided.

Duty Of Confidentiality In Korea, Suh-Young Shin

UC Law SF International Law Review

The duty of confidentiality is fundamental for the relationship between an attorney and the client. How and when the duty of confidentiality should be enforced upon an attorney has been debated in Korea, after a former in-house counsel of Samsung Group publicly disclosed that the chairman of Samsung allegedly engaged in illegal conduct. Relevant rules from the Korean Bar Association Code of Ethics and Conduct are not specific enough to allow one to assess the act of the former in-house counsel. This note analyzes the issue first under the Korean rules, and then under the relevant U.S. rules. While acknowledging …

The Right To A Fair Trial And The Confrontation Clause: Overruling Crawford To Rebalance The U.S. Criminal Justice Equilibrium, Lindsay Hoopes

UC Law SF International Law Review

In the United States, the right to confrontation is the hallmark fair trial protection. Most foreign and international jurisdictions have adopted the right to confrontation as an integral component of their fair trial protections, modeling the right after the U.S. Constitution's Sixth Amendment. Just as any other right, the right to confrontation requires society to strike a balance between a defendant's right to a fair trial with other competing rights in the criminal justice system: namely, victim's and society's right to adjudication of criminal matters.

Historically, the United States allowed abrogation of the right to confrontation when evidence was sufficiently …

Symbol Of Freedom: Atsa And International Efforts To Increase Security, Valerie Kraml

UC Law SF International Law Review

In 2002, the United States ("U.S.") p assed the Aviation and Transportation Security Act ("ATSA"), under the umbrella of the Patriot Act, which required the collection and dissemination of all international airline passengers' private data, such as name, address, credit card, before foreign airlines could pass over land on U.S. territories. Compliance with the ATSA was highly controversial in the European Union ("E.U."), which maintains strong domestic privacy and personal liberty laws. Efforts to bridge the conflict in domestic privacy laws have led to numerous attempts by the U.S. and E.U. to reach an agreement to increase international security within …

Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang

Faculty Scholarship

In recent years, the Chinese public, when facing disputes with government officials, have preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to …

International Advocate For Peace Award Acceptance Speech, Amira Dotan

Cardozo Journal of Conflict Resolution

The Ninth International Peace Award Recipient

The Jurisprudence Of Mediation: Between Formalism, Feminism And Identity Conversations, Michal Alberstein

Cardozo Journal of Conflict Resolution

The paper explores the ties between schools of mediation and schools of law through an examination of their theoretical foundations. By weaving together discussions of rights, the rule of law, and formalism, with elements of dispute resolution as it is studied today, this article will demonstrate the importance of Alternative Dispute Resolution ("ADR") and mediation as a form of social order. It will also demonstrate the influence of philosophical jurisprudential debates on the development of mediation programs. The paper begins by exploring the ties between different jurisprudential traditions and evolving models of mediation. Scholars portray mediation models as incorporating diverse …

The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss

UIC Review of Intellectual Property Law

In an investigation by the International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act of 1930 (“Section 337”) a complainant must satisfy two unique statutory criteria. First, a complainant must establish that the ITC has jurisdiction, usually by showing importation of an accused product. Second, a complainant must demonstrate that a domestic industry exists or is in the process of being established. A practitioner can be assured that the ITC’s jurisdiction is expansive and reaches foreign-based activities that affect U.S. commerce. Such actions can involve any unfair act and can be brought regardless of whether personal …

Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee

UIC Review of Intellectual Property Law

There is a common misperception that enforcement of International Trade Commission (“ITC”) remedial orders is automatic and self implementing. In reality, such remedial orders are not self-implementing, are less-than-perfect enforcement tools, and their effective enforcement carries with it a number of practical difficulties. This paper explores the realities of enforcing the ITC’s remedial orders – exclusion orders, consent orders, and cease-and-desist orders – with the goal of giving both complainants and respondents a heightened appreciation of the tactics and strategies that can be effectively deployed following the conclusion of a Section 337 investigation and the issuance of one or more …

Learning From Bogotá: An Introduction To The Study Space Articles, Colin Crawford

University of Miami Inter-American Law Review

No abstract provided.

Public Spaces In Bogotá: An Introduction, Nancy Rhinehart

University of Miami Inter-American Law Review

No abstract provided.

Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado

University of Miami Inter-American Law Review

No abstract provided.

Law, Extralegality, And Space: Legal Pluralism Ad Landscape From Colombia To Puerto Rico, Érika Fontánez Torres

University of Miami Inter-American Law Review

No abstract provided.

Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha

University of Miami Inter-American Law Review

No abstract provided.

Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …

Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani M. King

UF Law Faculty Publications

The Convention on the Rights of the Child' (CRC) provides a legal framework that establishes a child's right to be raised in the context of her family and her culture. We regularly violate this most fundamental right of children because we fail to come to terms with our imperialist orientation toward the world. This failure has been caused, in part, by how we have constructed our way of thinking about intercountry adoption. We now have a conception of intercountry adoption that I refer to in this Article as MonoHumanism. In the context of intercountry adoption, MonoHumanism means that children …

Victims Of Armed Conflict And Persecution In South Africa: Between A Rock And A Hard Place, Edwin Odhiambo Abuya, Dulo Nyaoro

UC Law SF International Law Review

This paper examines the extent to which African States have cemented their commitments to protect persons forced to flee from their home states owing to armed conflict and/or persecution. Using South Africa as a case study, this paper examines the experience of refugees and asylum seekers at the hands of South African Police. Two central issues are, first, the identity documents that are issued to asylum seekers and refugees coming to South Africa, and second, the constitutional rights to privacy and security, which are promised to all. It is contended that although law enforcement officials are generally required by law …

Beyond Corporate Social Responsibility: Reconciling The Ideals Of A For-Benefit Corporation With Director Fiduciary Duties In The U.S. And Europe, Alissa Mickels

UC Law SF International Law Review

Traditionally, organizations are divided into three sectors: for-profit, non-profit, and the government. Over the past few decades, a new Fourth Sector of organizations has been emerging in the U.S. and abroad. These "Fourth Sector" organizations attempt to integrate social purposes with business methods as seamlessly as possible. A few social entrepreneurs take a more ambitious approach to this "hybrid" approach and are creating For-Benefit corporations that, in addition to integrating social purposes with business methods, adopt a corporate policy to benefit all stakeholders, require inclusive governance and ownership, accountability, and transparency. Will the law allow these For-Benefit corporations to benefit …

Eight Perspectives On Yvon Neptune V. Haiti, Jens Iverson

UC Law SF International Law Review

Yvon Neptune v. Haiti is a noteworthy decision of the Inter- American Court of Human Rights, with potentially wide-ranging impacts. The Court ordered a wholesale change in the Haitian prison system in order to prevent Haiti from violating former Haitian Prime Minister Yvon Neptune's rights again. Haiti violated Articles 1 (obligation to respect rights), 5 (humane treatment), 7 (personal liberty), 8 (fair trial) and 25 (the right to judicial protection) of the American Convention on Human Rights. Haitian and U.S. human rights groups worked together with a "virtual" human rights clinic to trigger the decision by filing a petition with …

Introduction - Recent Events In Gaza, Rose Mishaan

UC Law SF International Law Review

No abstract provided.

It's Just Business, Or Is It: How Business And Politics Collide With Sovereign Wealth Funds, Matthew Saxon

UC Law SF International Law Review

Over the past few years, sovereign wealth funds have played an increasingly important role in the global financial system. This note seeks to shed light on the foreign investment vehicles known as sovereign wealth funds (SWF's). In the first section I will explain what a sovereign wealth fund is; why regulators in the U.S. and European have recently become concerned with them; and how SWF's have reacted to these concerns. In the second section, I will compare and contrast the strategies that U.S. and European regulators have employed in adjusting to these funds. Finally, I will argue that lawmakers in …

International Law In Domestic Courts: A Conflict Of Laws Approach, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Publications

The relationship between international law and domestic law is rarely understood as a conflict of laws. Understanding it in this way opens up a parallel with the field of conflict of laws: the field for which the relationship between legal systems, especially the role of another system's jurisdiction, laws, and judgments vis-à-vis the domestic legal system, are exactly the bread-and-butter issues. We argue for such an approach to international law in domestic courts: an approach that we elaborate as "theory through technique."

In our view, conflicts should be seen broadly as the discipline that developed to deal with conflicts between …

Opening Remarks, Jack Himmelstein

Cardozo Journal of Conflict Resolution

No abstract provided.

Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger

All Faculty Scholarship

The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms …