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Articles 241 - 270 of 828
Full-Text Articles in Comparative and Foreign Law
The Corporation As Victim Of White Collar Crime: Results From A Study Of German Public And Private Companies, Dr. Hendrik Schneider
The Corporation As Victim Of White Collar Crime: Results From A Study Of German Public And Private Companies, Dr. Hendrik Schneider
University of Miami International and Comparative Law Review
No abstract provided.
Native Title In Australia And South Africa: A Search For Something That Lasts, Justin Hunter
Native Title In Australia And South Africa: A Search For Something That Lasts, Justin Hunter
University of Miami International and Comparative Law Review
No abstract provided.
The Right To Be Forgotten: Who Decides What The World Forgets, Patricia S. Abril, Jacqueline D. Lipton
The Right To Be Forgotten: Who Decides What The World Forgets, Patricia S. Abril, Jacqueline D. Lipton
Articles
In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyberlaw community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital right to be forgotten." The search results in question related to a mortgage sale of property in a bankruptcy …
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Articles
No abstract provided.
Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross
Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross
University of Miami Inter-American Law Review
No abstract provided.
Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea
Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea
University of Miami Inter-American Law Review
No abstract provided.
The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary
The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary
University of Miami Inter-American Law Review
No abstract provided.
If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry
If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry
University of Miami International and Comparative Law Review
No abstract provided.
Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers
Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers
University of Miami International and Comparative Law Review
No abstract provided.
Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis
Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis
University of Miami Race & Social Justice Law Review
No abstract provided.
Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn
Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs
Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs
University of Miami International and Comparative Law Review
No abstract provided.
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
University of Miami International and Comparative Law Review
The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …
El Precio De Los Pesticidas: La Criminalización De La Fumigación Con Plaguicidas En Argentina Y Las Repercusiones Nacionales E Internacionales, Jamie Lynn Vanaria
El Precio De Los Pesticidas: La Criminalización De La Fumigación Con Plaguicidas En Argentina Y Las Repercusiones Nacionales E Internacionales, Jamie Lynn Vanaria
University of Miami Inter-American Law Review
No abstract provided.
Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer
Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer
University of Miami International and Comparative Law Review
No abstract provided.
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
University of Miami International and Comparative Law Review
No abstract provided.
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Articles
No abstract provided.
Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves
Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves
University of Miami International and Comparative Law Review
No abstract provided.
Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart
Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart
University of Miami International and Comparative Law Review
No abstract provided.
Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria
Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria
University of Miami Inter-American Law Review
No abstract provided.
Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas
Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas
University of Miami International and Comparative Law Review
No abstract provided.
All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg
All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg
University of Miami Inter-American Law Review
No abstract provided.
Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock
Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock
University of Miami Inter-American Law Review
No abstract provided.
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
University of Miami International and Comparative Law Review
China has opened its doors to the world so understanding Chinese contract law is crucial to succeeding in international business transactions. The United States and China are both signatories to the United Nations Convention on Contracts for the International Sale of Goods (CISG), and both nations have declared that neither are bound under Article 1(1)(b), which means that if a contractual conflict arises, the domestic law of either nation may apply when interpreting the contract. China only requires offer and acceptance whereas the United States requires mutual assent and consideration, so contract interpretation may be problematic. Beyond offer and acceptance, …
Politics And Legal Regulation In The International Business Environment:An Fdi Case Study Of Alstom, S.A., In Israel, Jeffrey A. Van Detta
Politics And Legal Regulation In The International Business Environment:An Fdi Case Study Of Alstom, S.A., In Israel, Jeffrey A. Van Detta
University of Miami Business Law Review
No abstract provided.
Horizons Of Inclusion: Life Between Laws And Developments In Rio De Janeiro, Maria Clara Dias, Luis Eslava
Horizons Of Inclusion: Life Between Laws And Developments In Rio De Janeiro, Maria Clara Dias, Luis Eslava
University of Miami Inter-American Law Review
In this article we explore current debates about social inclusion in the Brazilian city of Rio de Janeiro. Through a comparison of two initiatives that aim to redress socio-economic segregation in Rio, we analyse the ontological position that these programs adopt towards their subjects, paying particular attention to the programs’ assumptions regarding the legality and development status of residents in informal neighbourhoods. Our aim is to demonstrate how some social inclusion programs recognize and respect the diversity and life experience of marginalized subjects, whereas other nominally successful programs do not achieve such objectives. In our view, such recognition ensures that …
Market Price, Social Price, And The Right To The City: Land Taxes And Rates For City Services In Brazil And The United States, Alan M. White
Market Price, Social Price, And The Right To The City: Land Taxes And Rates For City Services In Brazil And The United States, Alan M. White
University of Miami Inter-American Law Review
No abstract provided.
Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier
Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier
University of Miami Inter-American Law Review
No abstract provided.
Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh
Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh
Articles
This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Articles
Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …