Comparative and Foreign Law Commons^™

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Faculty Publications

No abstract provided.

The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai

William & Mary Journal of Race, Gender, and Social Justice

Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.

Company Law In The European Union And The United States: A Comparative Analysis Of The Impact Of The Eu Freedoms Of Establishment And Capital And The U.S. Interstate Commerce Clause, Christoph Allmendinger

William & Mary Business Law Review

Since the decision of the European Court of Justice in the Centros case, it has become popular in company law to draw comparisons between the United States economic constitution and the Single European Market. Since then, fears of a European “Delaware Effect,” which would create a “race to the bottom,” have hounded the debate on European company law. In this discussion, however, the unique constitutional framework of both the EU and the U.S. is seldom regarded. This constitutional framework, nevertheless, determines the behavior of both the legislators at state level and the market participants. This Article compares the impact of …

Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School

Brigham-Kanner Property Rights Journal

Comparative Property Rights

October 14-15, 2011

Panel 1: Legal Protection of Property Rights: A Comparative Look

Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions

Panel 3: Property as an Instrument of Social Policy

Panel 4: Culture and Property

Panel 5: Property as an Economic Institution

Panel 6: Property Rights and the Environment

Mining Megaliths In The Argentine Andes: Where Will Victims Of Environmental Degradation Find Justice?, Catherine M. Wilmarth

William & Mary Environmental Law and Policy Review

No abstract provided.

The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti

William & Mary Bill of Rights Journal

Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted …

Secular Rights And Religious Wrongs? Family Law, Religion And Women In Israel, Pascale Fournier, Pascal Mcdougall, Merissa Lichtsztral

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz

William & Mary Law Review

No abstract provided.

Our Exceptional Constitution, Timothy Zick

Popular Media

No abstract provided.

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Popular Media

No abstract provided.

Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson

William & Mary Bill of Rights Journal

No abstract provided.

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Faculty Publications

No abstract provided.

Constitution Guarantees Rights To All Of Kosovo's Citizens, Christie S. Warren

Popular Media

No abstract provided.

The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl

William & Mary Law Review

No abstract provided.

Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits

William & Mary Law Review

No abstract provided.

A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades

Faculty Publications

No abstract provided.

Triumph Or Tragedy? The Curious Path Of Corporate Disclosure Reform In The U.K., Cynthia A. Williams, John M. Conley

William & Mary Environmental Law and Policy Review

No abstract provided.

Capital Punishment In The United States, And Beyond, Paul Marcus

Faculty Publications

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …

Book Review Of Engaging The Law In China: State, Society, And Possibilities For Justice, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge

William & Mary Bill of Rights Journal

No abstract provided.

Out Of Jahiliyya: Historic And Modern Incarnations Of Polygamy In The Islamic World, Brooke D. Rodgers-Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

There Are Worse Things Than Being Alone: Polygamy In Islam, Past, Present, And Future, Heather Johnson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Even In Dreams, They Are Coming": Islamic Fundamentalism And The Education Of Women In Afghanistan, Caroline B. Fleming

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Policy Of Mediocrity: A Review Of United States Policy Concerning The Women Of Afghanistan, Meghan Hallock

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Unity And Pluralism In Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.

Section 4: International Law At The U.S. Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye

Faculty Publications

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …