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Articles 31 - 60 of 178
Full-Text Articles in Comparative and Foreign Law
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher
Penn State International Law Review (1982 - 2011)
No abstract provided.
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Penn State International Law Review (1982 - 2011)
Viewing constitutional law from a global perspective informs us about trends and concurrences that might otherwise go unnoticed. The main focus for this paper is how a new European legal tradition is being forged from two of the most influential Western traditions, the common and civil law. The term hybridization is used to refer to this phenomenon whereby there is convergence between different legal systems. This does not necessarily alter national sovereignty or substitute one system over another. It cannot be measured by success or failure of one legal system over another. It is a common sharing that is best …
Poverty And Constitutional Rights, Monica Pinto
Poverty And Constitutional Rights, Monica Pinto
Penn State International Law Review (1982 - 2011)
No abstract provided.
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Penn State International Law Review (1982 - 2011)
No abstract provided.
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Penn State International Law Review (1982 - 2011)
No abstract provided.
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
Penn State International Law Review (1982 - 2011)
No abstract provided.
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Penn State International Law Review (1982 - 2011)
No abstract provided.
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
Penn State International Law Review (1982 - 2011)
No abstract provided.
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry
Faculty Scholarly Works
This article provides a comprehensive overview of the treatment of legal services in the United States' international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …
The Impact Of China's Antitrust Law And Other Competition Policies On U.S. Companies, Susan Beth Farmer
The Impact Of China's Antitrust Law And Other Competition Policies On U.S. Companies, Susan Beth Farmer
Faculty Scholarship
This article is based on the author's testimony for part of the hearings on “The Impact of China’s Antitrust Law and Other Competition Policies On U.S. Companies,” held by the House Committee on the Judiciary, Subcommittee on Courts and Competition Policy on July 13, 2010. It describes developments in the enforcement and application of the Chinese Anti-Monopoly Law, interpretation and enforcement during the two years since the AML came into effect, with particular attention to merger review. It comments on the organization and staffing of the enforcement agencies and the publication of numerous procedures, guidelines and regulations, which suggests that …
Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo
Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo
Faculty Scholarship
One of the most crucial, but systematically neglected, comparative differences between corporate law systems in Europe and in the United States concerns the regulations governing freeze-out transactions in listed corporations. Freeze-outs can be defined as transactions in which the controlling shareholder exercises a legal right to buy out the shares of the minority, and consequently delists the corporation and brings it private. Beyond this essential definition, the systems diverge profoundly. This gap exists despite the fact that minority freeze-outs are one of the most debated issues in corporate law, in the public media, in a vast body of scholarly work …
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Penn State International Law Review (1982 - 2011)
No abstract provided.
Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili
Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Executive And The Courts, Richard Clayton
The Executive And The Courts, Richard Clayton
Penn State International Law Review (1982 - 2011)
No abstract provided.
Promoting Commercial Law Reform In Eastern Europe, Samuel Bufford
Promoting Commercial Law Reform In Eastern Europe, Samuel Bufford
Faculty Scholarship
This article is my account of what I did in a decade of advising governments and teaching judicial seminars on commercial law matters in Central and Eastern Europe, beginning in 1991. This article contains my individual reflections on more than a dozen visits to developing countries in Central and Eastern Europe to advise governments and to educate their judges, and several visits of judges from some of those countries to the United States. In many ways, my experiences are typical of United States judges who have done the same kind of work in developing countries. In some ways, my experiences …
Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo
Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo
Faculty Scholarship
One of the most crucial, but systematically neglected, comparative differences between corporate law systems in Europe and in the United States concerns the regulations governing freeze-out transactions in listed corporations. Freeze-outs can be defined as transactions in which the controlling shareholder exercises a legal right to buy out the shares of the minority, and consequently delists the corporation and brings it private. Beyond this essential definition, the systems diverge profoundly.
This gap exists despite the fact that minority freeze-outs are one of the most debated issues in corporate law, in the public media, in a vast body of scholarly work …
A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers
A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers
Penn State International Law Review (1982 - 2011)
No abstract provided.
Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons
Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons
Penn State International Law Review (1982 - 2011)
No abstract provided.
Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills
Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills
Penn State International Law Review (1982 - 2011)
No abstract provided.
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Faculty Scholarship
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
The Evolution Of Chinese Merger Notification Guidelines: A Work In Progress Integrating Global Consensus And Domestic Imperatives, Susan Beth Farmer
The Evolution Of Chinese Merger Notification Guidelines: A Work In Progress Integrating Global Consensus And Domestic Imperatives, Susan Beth Farmer
Faculty Scholarship
China is among the most recent entrants into global competition enforcement, having adopted the first competition law of general application, the Anti-Monopoly Law (AML) after more than a decade of drafting. The AML and Merger Notification Thresholds, rules issued by decree of the State Council, became effective on August 3, 2008. Both the law and the guidelines were subject to public review and comment, and went through a number of drafts before final adoption.
This article is a comprehensive comparison of merger standards across jurisdictions, with particular focus on the evolution of merger regulation in China. It comprises six parts; …
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Penn State International Law Review (1982 - 2011)
No abstract provided.
On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle
On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle
Penn State International Law Review (1982 - 2011)
No abstract provided.
Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips
Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault
The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault
Penn State International Law Review (1982 - 2011)
No abstract provided.
Takeover Regulation As A Wolf In Sheep's Clothing: Taking U.K Rules To Continental Europe, Marco Ventoruzzo
Takeover Regulation As A Wolf In Sheep's Clothing: Taking U.K Rules To Continental Europe, Marco Ventoruzzo
Faculty Scholarship
Aesop was an optimist. In his cautionary fable that inspired the famous admonition about wolves in sheep's clothing, the predator intentionally dons a sheep's fleece in order to sneak up on a lamb. His disguise, it turns out, is so effective that he ends up being mistaken for the real thing and killed by another wolf. According to Aesop, even the most effective fraud can turn against its perpetrator, and justice be done. The results are not always so salutary with other clandestine predators, including legal rules that appear aimed at protecting vulnerable groups, but instead provide valuable tools to …
The Bologna Process And Its Impact In Europe: It's So Much More Than Degree Changes, Laurel Terry
The Bologna Process And Its Impact In Europe: It's So Much More Than Degree Changes, Laurel Terry
Faculty Scholarly Works
The Bologna Process is a massive, multi-year project designed to create the "European Higher Education Area" by the year 2010. it began ten eyars ago, when four European Union (EU) countries signed a relatively vague declaration. It has grown to include forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process countries have agreed on ten "action lines" for restructuring European higher education. These action lines are nothing short of revolutionary - they address everything from a three-cycle degree system (e.g., bachelor-master's-doctorate degrees), European-wide quality assurance efforts, mobility of higher education students and staff, …
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Faculty Scholarly Works
This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …