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Articles 31 - 60 of 211
Full-Text Articles in Comparative and Foreign Law
Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia
Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia
Notre Dame Journal of International & Comparative Law
Part I of this Article will discuss the current framework for oversight of the nonprofit sector, and why this framework has been problematic in achieving effective regulatory oversight of nonprofit organizations. This Part will first address the oversight role of state officials, such as the attorneys general, and the challenges associated with it. This Part will then examine the significant number of challenges the Internal Revenue Service (IRS) faces in overseeing tax-exempt organizations, and why the IRS may not the best choice for overcoming them. This Part will conclude in an analysis of the current framework for legal standing by …
A Comparison Between U.S. Federal Tax And Khums, A Shia Islamic Tax, Carmen R. Rida
A Comparison Between U.S. Federal Tax And Khums, A Shia Islamic Tax, Carmen R. Rida
Notre Dame Journal of International & Comparative Law
This Note is split into multiple sections to delve into what khums is and its treatment by American Shia Muslim taxpayers. The first part will discuss the statutory basis of the tax, the difference in statutory interpretation between Sunnis and Shia that has led to a difference in the obligation of the tax, and the beneficiaries of the tax. The second part will focus on the method of calculating the khums tax, such as what categories of income are excluded in calculating gross income, deductions from gross income, and the timing of when the tax is to be paid. Then, …
Volume 15, Issue 2 - Full Issue
Volume 15, Issue 2 - Full Issue
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine, Tom W. Bell
The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine, Tom W. Bell
Notre Dame Journal of International & Comparative Law
This paper presents the special international peace zone as both an observed and ideal institution. Such a zone quells military conflict in an area over which sovereigns make conflicting territorial claims. It operates through an interim administration, governed by its own rules, independent of any single sovereign. Past examples include the Free City of Danzig (1920-39), the Free Territory of Trieste (1947-54), and United Nations Interim Administration Mission in Kosovo (1999-2008). Despite proven successes, these zones have suffered from an undue reliance on multi-national organizations—first the League of Nations and now the United Nations. Warring sovereigns seldom agree about the …
Whose Truth Commission, Lehlohonolo January
Whose Truth Commission, Lehlohonolo January
Notre Dame Journal of International & Comparative Law
It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …
Letter From The Editor-In-Chief, Justin Vickers
Letter From The Editor-In-Chief, Justin Vickers
Notre Dame Journal of International & Comparative Law
No abstract provided.
Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly
Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly
Notre Dame Journal of International & Comparative Law
Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …
Beautiful Means For Nefarious Ends, Eric Wahoff
Beautiful Means For Nefarious Ends, Eric Wahoff
Notre Dame Journal of International & Comparative Law
This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …
Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15
Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15
Notre Dame Journal of International & Comparative Law
No abstract provided.
Building Open Finance, Douglas W. Arner, Ross P. Buckley, Christine M. Wang, Dirk A. Zetzsche
Building Open Finance, Douglas W. Arner, Ross P. Buckley, Christine M. Wang, Dirk A. Zetzsche
Notre Dame Journal of International & Comparative Law
As one of the most digitalized sectors of the economy, finance is increasingly dependent on data. Over the past decade, the implementation of Open Banking and Open Finance in an increasing number of major jurisdictions around the world, including the European Union (EU), the United Kingdom (UK), Australia, Brazil, and the United Arab Emirates (UAE), seeks to break down data silos, empower consumers, and increase competition among financial service providers, aiming to maximize the value of financial data for innovation, growth, and competitiveness. In addition to mandatory requirements, other governance approaches to Open Finance, including collaborative arrangements and voluntary initiatives, …
Getting In A Bind—Comparing Executive Compensation Regulations In The U.S. And The U.K., Bobby V. Reddy
Getting In A Bind—Comparing Executive Compensation Regulations In The U.S. And The U.K., Bobby V. Reddy
Notre Dame Journal of International & Comparative Law
No abstract provided.
Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss
Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss
Notre Dame Journal of International & Comparative Law
No abstract provided.
Deep Seabed Mining: What Is To Be Done About The Regulatory Lacuna?, Katherine Reece Thomas
Deep Seabed Mining: What Is To Be Done About The Regulatory Lacuna?, Katherine Reece Thomas
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14, Issue 3 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 3 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Religious Courts And Tribunals In Africa: An Overview, Mark Hill Kc
Religious Courts And Tribunals In Africa: An Overview, Mark Hill Kc
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Barrett Cole
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Regulating Dark Patterns, Martin Brenncke
Regulating Dark Patterns, Martin Brenncke
Notre Dame Journal of International & Comparative Law
No abstract provided.
Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui
Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn
The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn
Notre Dame Journal of International & Comparative Law
No abstract provided.
Australia As A Model For Batson Reform, Evan M. Luellen
Australia As A Model For Batson Reform, Evan M. Luellen
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Barrett Cole
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Global Civil Justice, Cesare Cavallini
Global Civil Justice, Cesare Cavallini
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Barrett Cole
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar
Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim
Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim
Notre Dame Journal of International & Comparative Law
No abstract provided.
Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir
Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir
Notre Dame Journal of International & Comparative Law
No abstract provided.