Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Richmond

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 91 - 120 of 180

Full-Text Articles in Comparative and Foreign Law

Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish Jan 2010

Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish

Richmond Journal of Global Law & Business

No abstract provided.


Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers Jan 2010

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers

Richmond Journal of Global Law & Business

Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War. The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work to ongoing bases. The federal government can also make money by selling the land of former military bases to surrounding communities or private companies.


Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng Jan 2009

Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng

Richmond Journal of Global Law & Business

No abstract provided.


An Empirical Examination Of The Adequate Alternative Forum In The Doctrine Of Forum Non Conveniens, Michael T. Lii Jan 2009

An Empirical Examination Of The Adequate Alternative Forum In The Doctrine Of Forum Non Conveniens, Michael T. Lii

Richmond Journal of Global Law & Business

No abstract provided.


The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess Jan 2009

The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess

Richmond Journal of Global Law & Business

No abstract provided.


Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney Jan 2009

Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney

Richmond Journal of Global Law & Business

No abstract provided.


The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine Jan 2009

The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine

Richmond Journal of Global Law & Business

President Jimmy Carter terminated diplomatic relations be- tween the United States and the Republic of China (the ROC) or Taiwan on January 1, 1979, and Congress enacted the Taiwan Relations Act of 1979 (the TRA), effective on April 10, 1979, in order to replace the former diplomatic relations. The question then arose as to whether United States courts must recognize and enforce judgments of Taiwanese courts with respect to third-country plaintiffs who have prevailed over Taiwanese defendants. If so, then such third-country plaintiffs would be able to rely on the principles of res judicata and collateral estoppel in United States …


Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur Jan 2009

Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur

Richmond Journal of Global Law & Business

No abstract provided.


Time To Pay The Dues Or Can Intellectual Property Rights Feel Safe With The Wto?, Darya Haag Jan 2009

Time To Pay The Dues Or Can Intellectual Property Rights Feel Safe With The Wto?, Darya Haag

Richmond Journal of Global Law & Business

No abstract provided.


Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih Jan 2009

Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih

Richmond Journal of Global Law & Business

No abstract provided.


Testimony Before The Subcommittee On Crime, Terrorism, And Homeland Security, United States House Of Representatives, Legislative Hearing On H.R. 4777: The “Internet Gambling Prohibition Act,” April 5, 2006, John Warren Kindt Jan 2008

Testimony Before The Subcommittee On Crime, Terrorism, And Homeland Security, United States House Of Representatives, Legislative Hearing On H.R. 4777: The “Internet Gambling Prohibition Act,” April 5, 2006, John Warren Kindt

Richmond Journal of Global Law & Business

No abstract provided.


Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr. Jan 2008

Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.

Richmond Journal of Global Law & Business

Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.


Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant Jan 2008

Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant

Richmond Journal of Global Law & Business

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …


Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem Jan 2008

Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem

Richmond Journal of Global Law & Business

What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no …


Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote Jan 2008

Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote

Richmond Journal of Global Law & Business

No abstract provided.


Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson Jan 2008

Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

Se vaticina que imicamente tendrdn una s6lida y duradera presencia en los complejos mercados contempordneos las marcas que se sirvan de estimulos multisensoriales con el objetivo de acaparar la atenci6n de los consumidores. En diversos ordenamientos juridicos, este ha sido el motor que ha propulsado la ampliaci6n del repertorio de signos o simbolos potencialmente elegibles para fungir como marcas de productos o servicios. De aqu6l1os, vale destacar los que tipicamente suelen agruparse bajo la riibrica de “no tradicionales”, a saber: los sonidos, los aromas, los sabores, las formas tridimensionales y los colores.


Lambs Into Lions: The Utilization Of Child Soldiers In The War In Iraq And Why International And Iraqi Laws Are Failing To Protect The Innocent, Anna-Liisa Jacobsen Jan 2008

Lambs Into Lions: The Utilization Of Child Soldiers In The War In Iraq And Why International And Iraqi Laws Are Failing To Protect The Innocent, Anna-Liisa Jacobsen

Richmond Journal of Global Law & Business

No abstract provided.


Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall Jan 2008

Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall

Richmond Journal of Global Law & Business

While domestic casinos and lotteries take in about $84.7 billion a year; internet gambling is worth about $12 billion. By comparison, movies bring in about $23.24 billion a year. Fifty-two percent of the population gambles. Although all but two states (Utah and Hawaii) permit gambling of some sort, none license internet gambling. It is therefore illegal in all 50 states. Estimates suggest that only 1% of the population engages in internet gambling.


Internet Gambling And The Law, I. Nelson Rose Jan 2008

Internet Gambling And The Law, I. Nelson Rose

Richmond Journal of Global Law & Business

No abstract provided.


Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev Jan 2008

Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev

Richmond Journal of Global Law & Business

George C. Freeman, III presented a business overview of Universal Corporation at the University of Richmond on September 5, 2007. Prior to joining Universal Leaf Tobacco Company in 1997, Mr. Freeman served as a law clerk for the Honorable Richard S. Arnold, Circuit Judge, United States Court of Appeals for the Eighth Circuit, and for the Honorable Lewis F. Powell, Jr., Associate Justice of the United States Supreme Court. He also spent time as an associate with Hunton & Williams, an international law firm. Mr. Freeman was elected General Counsel and Secretary of Universal Corporation in February 2001 and Vice …


Foreword, Melanie Clevinger Holloway Jan 2008

Foreword, Melanie Clevinger Holloway

Richmond Journal of Global Law & Business

No abstract provided.


Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown Jan 2008

Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown

Richmond Journal of Global Law & Business

Chinese international finance may sound to many of you like a daunting subject. It really is not, but I have to admit it’s not quite intuitive. International finance is a lot like accounting; you have to learn the rules. And on top of that, in this case we have to add the never intuitive issue of Chinese policy-making. I didn’t learn anything about these topics in graduate school but rather in my first job as a CIA economist, over thirty years ago. At that time China published no economic data; it was just sort of a black hole in the …


The Current State Of The Unlawful Internet Gambling Enforcement Act And Recently Adopted Prohibition On Funding Of Unlawful Internet Gambling, Kristina L. Perry Jan 2008

The Current State Of The Unlawful Internet Gambling Enforcement Act And Recently Adopted Prohibition On Funding Of Unlawful Internet Gambling, Kristina L. Perry

Richmond Journal of Global Law & Business

Afterward


Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk Jan 2008

Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk

Richmond Journal of Global Law & Business

In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and …


Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson Jan 2008

Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.


The Meaning Of Share Ownership And The Governance Role Of Shareholder Activism In The United Kingdom, Iris H-Y Chiu Jan 2008

The Meaning Of Share Ownership And The Governance Role Of Shareholder Activism In The United Kingdom, Iris H-Y Chiu

Richmond Journal of Global Law & Business

No abstract provided.


Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman Jan 2008

Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman

Richmond Journal of Global Law & Business

Immigration law is a hotly contested topic these days. Not only does it have important implications in numerous legal fields, including labor law and tort law, but it also has social, political, and economic effects that ripple throughout our society. Immigrants, especially those who remain undocumented, have the potential to affect the lives of people in almost every walk of life, from politicians to entrepreneurs, and even to teenagers seeking their first jobs. After analyzing the legal impact of current legislation on the field of labor law, it becomes apparent that the employment of undocumented aliens does not have the …


To Capitalize On A Burgeoning Market? Issues To Consider Before Doing Business In The Middle East, Lisa Middlekauff Jan 2008

To Capitalize On A Burgeoning Market? Issues To Consider Before Doing Business In The Middle East, Lisa Middlekauff

Richmond Journal of Global Law & Business

Despite instability in certain parts of the region, the Middle East has emerged as an attractive market for foreign investment. This comes at an opportune time for many Middle Eastern countries that are seeking to diversify away from the oil industry and state owned enterprises. Further, the prevalence of young, educated Middle Easterners represents a ready supply of labor for companies seeking to open subsidiaries or branches in the region. Given these assets, many foreign companies are looking at investing in the Middle East as a way to diversify their portfolio and hopefully capture a piece of the market before …


Outsourcing Of Legal Services: A Brief Survey Of The Practice And The Minimal Impact Of Protectionist Legislation, Lee A. Patterson Iii Jan 2008

Outsourcing Of Legal Services: A Brief Survey Of The Practice And The Minimal Impact Of Protectionist Legislation, Lee A. Patterson Iii

Richmond Journal of Global Law & Business

Despite instability in certain parts of the region, the Middle East has emerged as an attractive market for foreign investment.’ This comes at an opportune time for many Middle Eastern countries that are seeking to diversify away from the oil industry and state owned enterprises. Further, the prevalence of young, educated Middle Easterners represents a ready supply of labor for companies seeking to open subsidiaries or branches in the region. Given these assets, many foreign companies are looking at investing in the Middle East as a way to diversify their portfolio and hopefully capture a piece of the market before …


Solving The Problem Of Tax-Treaty Shopping Through The Use Of Limitation On Benefits Provisions, Anna A. Kornikova Jan 2008

Solving The Problem Of Tax-Treaty Shopping Through The Use Of Limitation On Benefits Provisions, Anna A. Kornikova

Richmond Journal of Global Law & Business

No abstract provided.