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University of Miami International and Comparative Law Review

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Articles 151 - 180 of 320

Full-Text Articles in Comparative and Foreign Law

Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart Oct 2013

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.


Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas Oct 2013

Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas

University of Miami International and Comparative Law Review

No abstract provided.


Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen May 2013

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, …


New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar Oct 2012

New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar

University of Miami International and Comparative Law Review

No abstract provided.


Masthead Apr 2012

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron Apr 2011

Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron

University of Miami International and Comparative Law Review

No abstract provided.


Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery Apr 2011

Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery

University of Miami International and Comparative Law Review

No abstract provided.


¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo Apr 2011

¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo

University of Miami International and Comparative Law Review

This article attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile - a history of dictatorship, an information technology revolution, and strong trade with the European Union - its data protection laws are in fact very weak. What explains this apparent disconnect? This article challenges the conventional wisdom that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …


Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks Oct 2010

Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks

University of Miami International and Comparative Law Review

No abstract provided.


Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino Apr 2010

Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino

University of Miami International and Comparative Law Review

No abstract provided.


(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson Apr 2010

(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson

University of Miami International and Comparative Law Review

No abstract provided.


Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana Apr 2010

Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana

University of Miami International and Comparative Law Review

No abstract provided.


Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna Apr 2010

Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna

University of Miami International and Comparative Law Review

No abstract provided.


The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk Oct 2009

The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk

University of Miami International and Comparative Law Review

No abstract provided.


A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison Oct 2009

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.


Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka Oct 2009

Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.


Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick Oct 2009

Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick

University of Miami International and Comparative Law Review

No abstract provided.


Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig Apr 2009

Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig

University of Miami International and Comparative Law Review

The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …


The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan Apr 2009

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …


The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar Apr 2009

The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar

University of Miami International and Comparative Law Review

National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …


Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros Oct 2008

Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros

University of Miami International and Comparative Law Review

This article examines the course of tobacco litigation in the United States and its implications for law and policy on both the national and international levels. In our view, the disparate legal traditions and attitudes of countries outside the United States will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels. This will likely promote effective tobacco control without the policy mix encompassing a period of prolonged litigation buttressed by settlement and regulation, which has characterized the U.S. process. Therefore, despite some increased litigation in the …


Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek Oct 2008

Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek

University of Miami International and Comparative Law Review

A unique tension exists between the World Trade Organization's various desires to level the international commercial trading field, and the United States' periodic desires to prioritize its own domestic goods and, in some cases, protect its own corporate citizens. This article will explore various historical rifts and what the future is likely to hold in light of Congress' passage of the American Jobs Creation Act of 2004.


The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio Oct 2008

The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio

University of Miami International and Comparative Law Review

The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …


Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir Oct 2008

Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir

University of Miami International and Comparative Law Review

In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …


Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King Apr 2008

Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King

University of Miami International and Comparative Law Review

Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …


Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk Apr 2008

Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk

University of Miami International and Comparative Law Review

While piracy is an age-old phenomenon plaguing mankind, terrorism at sea has only manifested itself in recent times through the Achille Lauro hijacking in 1985 serving as a wake-up call. The international community has since been striving to adopt a series of legal as well as practical measures in order to prevent a recurrence of such a terrorist act because the rules of international law relating to piracy are not applicable mutatis mutandis to terrorism. The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation was adopted in 1988. This Convention addressed terrorism at sea for …


The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira Apr 2008

The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira

University of Miami International and Comparative Law Review

No abstract provided.


Interdiction Of Narcotics In International Waters, Juliana Gonzalez-Pinto Apr 2008

Interdiction Of Narcotics In International Waters, Juliana Gonzalez-Pinto

University of Miami International and Comparative Law Review

No abstract provided.


Carter's Screed Against Israel, Alan M. Dershowitz Oct 2007

Carter's Screed Against Israel, Alan M. Dershowitz

University of Miami International and Comparative Law Review

No abstract provided.


Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel Oct 2007

Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel

University of Miami International and Comparative Law Review

No abstract provided.