Comparative and Foreign Law Commons^™

Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel And India, Arunabha Bhoumik

ExpressO

This paper compares counter-terrorist policies in the United States, Israel and India through the lens of three models of counter-terrorist policies: the war model, the intelligence model, and the criminal justice model. After describing each model, the paper introduces different variables that are relevant in understanding a country’s counter-terrorist policies. Using these variables, the paper attempts to analyze and classify each country’s counter-terrorist policies.

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

The Lessons Stem Cells Provide Vis-À-Vis Patents: Working Towards An International/Universal Patent Regime. , Charles F. Hall

ExpressO

Biotechnology research has much to promise human society. Beyond the obvious benefits of being able to clone rare animal species or potentially to revitalize extinct species , there are many practical applications that are beneficial to human society directly. Rare blood types might be created from specialized stem cells. The tragedies of Christopher Reeve and others like him who have suffered paralysis from spinal cord trauma may be reversible by using stem cells to replenish damaged and severed nerve cells in the spinal column. The dire shortage of organs for those needing transplants can be reduced by creating an organ …

The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano

ExpressO

As tensions rise with the assassination of key Hamas figures, the situation in Israel and the Occupied Territories call out for committed, reasoned action. In the past, the peace process has consisted of half-hearted attempts to pacify both the Israeli and Palestinian populaces. This is exemplified by the recent Roadmap for peace, which was supported by the United States.

However, the lack of true dedication among the players has arguably resulted in crimes against humanity on both sides. The previous peace plans fail to recognize this, and have perpetuated the violence with cookie-cutter approaches that are not closely tailored to …

Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald

ExpressO

No abstract provided.

The Right To Family Life And Civil Marriage Under International Law And Its Implementation In The State Of Israel, Yuval Merin

ExpressO

The article deals with the protection of the right to family life under international law and its implementation in the State of Israel on three levels: protection of the family cell as a single unit; protection of the individuals comprising the family unit; and protection of the family in special circumstances (e.g., immigration rights).

The article begins by analyzing the characteristics of the right to family life and examining various definitions of the “family” under international and Israeli law. It also examines what it is that the right to family life encompasses and how it should be classified within the …

Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen

ExpressO

This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.

Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith

San Diego International Law Journal

On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …

The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa

ExpressO

A code of conduct is a set of rules adopted by transnational corporations (“TNCs”) to regulate mainly working conditions and the management of contract factories. TNCs adopted codes of conduct to cope with the rising criticisms from the public in late 1980s and 1990s about unfair labor practices in contract factories in Third World countries. As the globalization of the economy progressed, like American TNCs, Japanese TNCs also transferred their production bases to developing countries like China, Vietnam, Malaysia and Indonesia in search of low wage labor. The development of a code of conduct in Japan is, however, quite different …

Globalization: Panacea For The World Or Conquistador Of International Law And Statehood?, Aaron J. Lodge

ExpressO

Recent powerful occurrences have led to an unprecedented world wide move in the direction of globalization. Globalization involves eliminating trade barriers, exchanging products and services across national borders, and the emergence of truly global corporations. Governments have embraced globalization in hopes of building stronger economies, creating jobs, and providing increased services and products. Debate has centered on the effect of globalization on sovereignty and the effect on individuals. However, the effect of globalization on international law has been largely ignored.

Today, international law—in the form of free trade agreements—enables the globalization process to occur faster than ever before. This article …

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.

Partnerships With Monarchs: Univeiling And Re-Examining The Pattern Of "Third World" Economic Development In The Petroleum And Energy Sector, Diane M. Bales

ExpressO

No abstract provided.

Beyond Rights: Legal Process And Ethnic Conflicts, Elena A. Baylis

ExpressO

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. The realities of ethnic conflict are daunting: ethnic disputes tend to be both persistent and complex, and efforts to use democracy or ethnic-blind policies to deal with those conflicts tend to fail. While multi-ethnic states have struggled to devise political solutions for ethnic conflict, they have largely ignored the role that legal processes might play in resolving ethnic discord. But at certain crucial moments in the development of ethnic conflicts, legal processes such as mediation, adjudication, and constitutional interpretation might effectively address these disputes.

This article explores …

The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres

Faculty Scholarship

Children's books are "a source of law" for children because "[children] are constantly trying to make sense of what is going on around them, and although literature itself is only a constituent of life experience, as a constituent it is potentially of the greatest importance." As adults and lawyers, we can also read children's books as a source of law because they reflect patriarchal ideologies about the family and stigma surrounding adoption. Like other myths, children's books tell stories about origins and constitute not only subjects but are also the foundation of law by reflecting legal norms and projecting legal …

Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem

ExpressO

Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …

Transnational Administration: International Data Transfers Under The European Privacy Directive, Francesca Bignami

ExpressO

No abstract provided.

Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott R. Lyons, Tali Neuwirth

ILSA Journal of International & Comparative Law

In September 2002, President Bush and his national security team released the annual review of the United States' National Security Strategy.

Internet Taxation & Burkina Faso: A Case Study, Scott Budnick

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries

Broad Stock Ownership: The Hurdle For Minority Shareholder Rights Development In Latin America, David Orozco

ILSA Journal of International & Comparative Law

Corporate governance reform has taken center stage in Latin America. Due to weak investor protection laws, Latin America has suffered decreased liquidity in its securities markets and this poses a troubling situation for these economies.

Amplia Propiedad De Acciones: La Barrera Para El Desarrollo De Los Derechos De Accionistas De Minoria En America Latina, David Orozco

ILSA Journal of International & Comparative Law

La reforma de gobemaci6n corporativa ha tornado un enfoque primario en America Latina.

Los Estados Unidos Y Africa Sobre La Mgf: Comparative Culturales, Resoluciones Y Derechos, Julie R. Hess

ILSA Journal of International & Comparative Law

Cuando comenc6 a investigar sobre la mutilaci6n genital femenina (en lo sucesivo "MGF"), tenfa una posici6n persistente de cambio para aquellas quienes son forzadas a someterse a la MGF, aquellas que permiten que la prdctica sea efectuada en ellas o, a fortiori, aquellas que la llevan a cabo ellas mismas sobre sus propios hijos u otros miembros familiares.

Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart

ILSA Journal of International & Comparative Law

The Treaty of Chaguaramas, as amended by the Grand Anse Declaration and other documents pertinent to the creation of the Caribbean Single Market & Ecorjomy (CSME)', outlines the establishment of a Common Market and eventual creation of an Economic Union.

Tributacion De Internet Y Burquina Faso: Estudio De Un Caso, Scott Budnick

ILSA Journal of International & Comparative Law

Una de las criticas mAs comunes de globalizaci6n moderna es que esta tendencia estd conduciendo a "una mayor desigualdad dentro de paises."

Sovereign Immunity: Ramifications Of Altmann, Jenny Adelman

ILSA Journal of International & Comparative Law

The Altmann family has tried for half a century to recover their valuable paintings from the Austrian government.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.

United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess

ILSA Journal of International & Comparative Law

When I began researching female genital mutilation (hereinafter "FGM"), I was adamant about change for those who are forced to submit to FGM, those who allow the practice to be performed on themselves or, afortiori, to perform it themselves on their own children and other family members.

The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz

Florida State University Journal of Transnational Law & Policy

No abstract provided.

When Her Feet Touch The Ground: Conflict Between The Roma Familistic Custom Of Arranged Juvenile Marriage And Enforcement Of International Human Rights Treaties, Jeff Timmerman

Florida State University Journal of Transnational Law & Policy

No abstract provided.