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Full-Text Articles in Comparative and Foreign Law

La Mediacion En El Ordenamiento Juridico Catalan. Especial Referencia A Sus Principios Informadores, Dr. Fernando Garriga Arino Jan 2013

La Mediacion En El Ordenamiento Juridico Catalan. Especial Referencia A Sus Principios Informadores, Dr. Fernando Garriga Arino

ILSA Journal of International & Comparative Law

Hasta la publicación de la Ley de Mediación Familiar de Cataluña (Ley Catalana de Mediación Familiar).


Abortion In Latin America And The Caribbean: A Comparative Study Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. Dejesus Jan 2013

Abortion In Latin America And The Caribbean: A Comparative Study Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. Dejesus

ILSA Journal of International & Comparative Law

By ratifying the American Convention on Human Rights (ACHR),' Latin American and Caribbean states made a commitment to protect prenatal life from the moment of conception


The Pitfalls Of At-Will And Just Cause Employment: A Comparartive Analysis Of Employment Law In The United States And Colombia, Alejandro Gutierrez Jan 2013

The Pitfalls Of At-Will And Just Cause Employment: A Comparartive Analysis Of Employment Law In The United States And Colombia, Alejandro Gutierrez

ILSA Journal of International & Comparative Law

In March 2012, fourteen employees from a South Florida law firm were fired for simply wearing orange-colored shirts to work.


Los Peligros Del Empleo "A Voluntad" Y Justa Causa: Un Analisis Comparativo De La Ley De Empleo En Estados Unidos Y Colombia, Alejandro Gutierrez Jan 2013

Los Peligros Del Empleo "A Voluntad" Y Justa Causa: Un Analisis Comparativo De La Ley De Empleo En Estados Unidos Y Colombia, Alejandro Gutierrez

ILSA Journal of International & Comparative Law

En Marzo del 2012, catorce empleados de un bufete de abogados en el sur de la Florida fueron despedidos simplemente por llevar puestas camisetas de color naranja al trabajo.'


The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia Jan 2013

The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia

ILSA Journal of International & Comparative Law

On behalf of Alfurna ("the Applicant") and the State of Rutasia ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Alfurnan Migrants, signed in The Hague, The Netherlands, on the fourteenth day of September in the year two thousand twelve.


A Football Monopoly: The Lack Of Parity And Financial Resposibility In Today's Game, Ryan M. Knight Jan 2013

A Football Monopoly: The Lack Of Parity And Financial Resposibility In Today's Game, Ryan M. Knight

ILSA Journal of International & Comparative Law

The transfer system associated with European football' is completely unique from any other form of American sports


The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia Jan 2013

The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia

ILSA Journal of International & Comparative Law

The right to appear before the International Court of Justice is limited only to states.


Mediation In The Catalan Legal System: Special Reference To Its Guiding Principles, Dr. Fernando Garriga Arino Jan 2013

Mediation In The Catalan Legal System: Special Reference To Its Guiding Principles, Dr. Fernando Garriga Arino

ILSA Journal of International & Comparative Law

Until the publication of the Catalan Family Mediation Law (CFML),' France was the only European country with a specific law in effect regulating family mediation.


Cuando La Victima Se Convierte En Criminal: El Caso De Ivan Simonovis, Nicole M. Bagdadi Jan 2013

Cuando La Victima Se Convierte En Criminal: El Caso De Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chávez Frías subió al poder en el seno de una era marcada por corrupción en las esferas del gobierno y altos niveles de pobreza.


Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde Jan 2013

Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde

ILSA Journal of International & Comparative Law

In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago.


Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz Jan 2012

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz

ILSA Journal of International & Comparative Law

Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.


Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce Jan 2012

Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce

ILSA Journal of International & Comparative Law

Natural and man-made disasters are a major European worry, due to their increasing frequency and severity, as well as their impact on human life, destruction of economic and social infrastructures, and damage to the environment.


Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld Jan 2012

Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld

ILSA Journal of International & Comparative Law

Whether sovereignty is alive or dead may not be the appropriate question.


State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber Jan 2012

State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber

ILSA Journal of International & Comparative Law

The issue of federal preemption in the field of immigration has been swirling more and more strongly in academia, the courts, and even the public consciousness' ever since De Canas v. Bica was decided in 1976.


The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael Jan 2012

The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael

ILSA Journal of International & Comparative Law

Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'


Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin Jan 2012

Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin

ILSA Journal of International & Comparative Law

Following two decades of incessant pressure from American diplomats, in 1997, the international Organization for Economic Cooperation and Development (OECD) completed negotiation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.


The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis Jan 2012

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.


Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq. Jan 2012

Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq.

ILSA Journal of International & Comparative Law

Despite progress made through a series of United Nations Security Council Resolutions (UNSCR), beginning with the groundbreaking UNSCR 1325 in 2000,' to give women a place at the table in post-conflict peace building and reconciliation, women with disabilities are missing and ignored and have not had a role in these processes.


Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy Jan 2012

Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy

ILSA Journal of International & Comparative Law

As a young attorney in the Office of the Legal Adviser of the United States (U.S.) Department of State during the 1960s, I had the privilege and the pleasure of working with Don McHenry, then a young foreign service reserve officer and later U.S. Ambassador and Permanent Representative to the United Nations (U.N.).


Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty Jan 2012

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.


Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi Jan 2012

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.


Transnational Surrpgacy And International Human Rights Law, Barbara Stark Jan 2012

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.


Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene Jan 2012

Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene

ILSA Journal of International & Comparative Law

Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.


Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone Jan 2012

Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone

ILSA Journal of International & Comparative Law

The international community has begun to live up to its name. Dramatic legal and political developments of the past fifty years have greatly expanded the array of tools available for responding to grave human rights situations internal to members of the community, and have manifested an increased willingness to deploy those tools to further the human rights values of the community.


Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg Jan 2012

Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg

ILSA Journal of International & Comparative Law

The United Nations (U.N.) was formed as World War II was ending with the lofty goal of preventing the scourge of war from ever again engulfing the world in global conflict.


The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone Jan 2012

The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone

ILSA Journal of International & Comparative Law

Eight or nine years ago the American Bar Association honored the then President of Romania, Emil Constantinescu, at a luncheon during its annual meeting in Atlanta.


Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring Jan 2012

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.


Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust Jan 2012

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'


Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D. Jan 2012

Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.

ILSA Journal of International & Comparative Law

"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.


Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari Jan 2012

Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari

ILSA Journal of International & Comparative Law

Over the last decade the use of social networking sites has swept the nation by providing users with the ability to "interact, connect, reconnect, communicate, and collaborate in various ways-such as through audio, words, pictures, or video-with friends, family, acquaintances, professional colleagues, and others."'