Comparative and Foreign Law Commons^™

Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

In Pursuit Of Justice: Recovering Looted Assets Of European Jewry, Naphtali Lau-Lavie

Cardozo Law Review

No abstract provided.

The Treaty Power And American Federalism, Curtis A. Bradley

Michigan Law Review

For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …

Brazil

University of Miami Inter-American Law Review

No abstract provided.

Defamation, The Free Press, And Latin America: A Roadmap For The Inter-American Court Of Human Rights And Emerging Democracies, Edward J. Pauw, Ari Chaim Shapiro

University of Miami Inter-American Law Review

No abstract provided.

Paraguay

University of Miami Inter-American Law Review

No abstract provided.

Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban

Indiana Law Journal

No abstract provided.

Implementing The Oslo Accords, Edward Bennett Miller

Cardozo Journal of International and Comparative Law

The article argues that a stable and lasting peace between Israel and the Palestinian Authority (PA) cannot be achieved without a shared commitment to fundamental values such as freedom, democracy, and the rule of law. It critiques the current peace process for neglecting these principles and instead prioritizing economic growth and political expediency. The analysis emphasizes that the PA's failure to establish a functioning judiciary, its disregard for human rights, and its authoritarian governance undermine the prospects for long-term stability and peace in the region. The article advocates for a new approach to the peace process that prioritizes democratization and …

Cabining Freedom: A Comparative Study Of Lesbian And Gay Rights In The United States And Canada, Credence Fogo

Cardozo Journal of International and Comparative Law

The article examines the divergent approaches of Canada and the United States in addressing gay and lesbian equality, highlighting how their differing legal frameworks and cultural values shape the protection of rights. While Canada, under the Canadian Charter of Rights and Freedoms and its Section 1 balancing test, has expanded relationship rights for sexual minorities, the U.S. has taken a more fragmented approach, emphasizing individual liberties over social rights. The analysis underscores the tension between Canada's communitarianism and the U.S.'s individualistic legal culture in advancing LGBTQ+ rights.

The Russian Title Registration System For Realty And Its Effect On Foreign Investors, Lev S. Batalov

Washington Law Review

The recent privatization of real property is an important step in Russia's transition from a planned to market economy. This privatization creates opportunities for foreigners in the Russian realty market. However, foreigners are not likely to enter this market unless rights to immovable property are certain and secure. This Comment describes the new Russian immovable property Registration Law and argues that, despite its drawbacks, it creates a workable system that will provide certainty and security in rights to Russian immovable property. Furthermore, the Comment advises foreign investors on how to avoid potential problems the new law creates.

Notes On Constitutionalism For A 21st-Century Russian President, Dana Dallas Atchison

Cardozo Journal of International and Comparative Law

Are short-term political interests compromising prospects for a constitutional society in Russia? In Part I, this paper first considers the elements that contribute to constitutionalism. These include a constitution, democracy, public participation, the rule of law, an open society, a history of constitutionalism, public support for a constitutional order, importance of the individual, and an independent judiciary. Part II analyzes these themes against provisions in Russia's new Constitution and concludes that many articles have been compromised by Boris Yeltsin's personal political interests.

Part III appraises practical considerations that impact constitutional elements such as the public's expectations and concerns. Part III …

Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle

Penn State International Law Review (1982 - 2011)

No abstract provided.

Legal Issues On The Internet: An Analysis And Comparison Of Law And Policy Relating To The Use And Regulation Of The Internet In Great Britain And Australia, James B. Mcnamara

Penn State International Law Review (1982 - 2011)

No abstract provided.

Service Provider Liability: Australian High Court Gives The World A First-Should The United States Follow Suit?, Daniel G. Asmus

Penn State International Law Review (1982 - 2011)

No abstract provided.

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel

Cardozo Law Review

No abstract provided.

The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton

Washington International Law Journal

With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …

Listing Of Tangible Cultural Properties: Expanded Recognition For Historic Buildings In Japan, Chester H. Liebs

Washington International Law Journal

Since the late 19th century, Japan has enacted a series of measures to protect its cultural heritage, most importantly the 1950 Law for the Protection of Cultural Properties. With subsequent amendments, the law today provides for the protection of both individual and groups of historical structures, landscapes, traditional crafts and skills, as well as national treasures. While these laws have saved many of the nation's foremost cultural resources, a substantial number of important historic structures, especially from the Meiji Period (1868) onward, have fallen through this legal safety net. This Article summarizes the evolution of Japan's cultural properties protection legislation, …

Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae

Washington International Law Journal

The discussions about urban growth boundaries in the United States have paid little attention to Korea's Greenbelt policy. Established in 1971, Seoul's massive Greenbelt has been rigidly maintained, although there have been some minor exceptions over the years. The liberalization of the Korean economy and the democratization of Korean society have been accompanied by deregulation in many spheres. However, land use planning remains tightly constrained, and there has only been minimal relaxation of the land laws; in fact, on balance they have become tougher. Some scholars have begun to question whether the Greenbelt might have restricted economic growth in Korea …

A Lesson In Ingenuity: Chinese Farmers, The State, And The Reclamation Of Farmland For Most Any Use, Kari Madrene Larson

Washington International Law Journal

Since 1978, China has achieved significant improvements in the rural sector through the adoption of the baogan daohu system, which effectively dismantled the communal farming system and created individual family farms. However, meaningful measures must be taken to ensure that farmers have continued use of their farmland and that illegal land reclamation by local govermnents is halted. Because farmers' rights are not clearly articulated and cannot be readily enforced, local governments appear to be beyond central government control. Furthermore, due to the state's right to reclaim land under any logic, farmers' rights may ultimately be nonexistent. Though developing a meaningful …

"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman

Washington International Law Journal

This Article examines existing land use laws and proposed historic preservation-related legislation in Cambodia and offers a critical appraisal of their applicability and hopes for success. Cambodia is a small country that faces (and has faced) numerous political and economic difficulties. It possesses a rich architectural and archaeological heritage that is threatened by proposed land-use changes and future development. Initiated primarily by outsiders, principally planners and archaeologists from Europe and the United States, Cambodia's newly formulated land-use laws attempt to take irreplaceable cultural resources into account. However, plans such as those proposed by UNESCO and consultants to the government appear …

Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey

Washington International Law Journal

In Indonesia, diverse interests in land recognised by dozens, maybe hundreds, of different adat (traditional customary legal systems) coexist with a Dutch-derived system of land title. The most problematic adat interest is traditional communal title, or hak ulayat. Indonesia's New Order government sees adat rights—and hak ulayat in particular—as incompatible with the demands of economic development. Although some adat rights are recognised in the key statute regulating interests in land, the Basic Agrarian Law, the New Order government has systematically subverted the standing of adat. Likewise, the land registration system has become a corrupt failure, with the consequence …

Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan

Washington International Law Journal

As urbanization accelerates and cities expand their role in the Chinese economy, expensive urban infrastructural facilities and financing have become major policy issues. Drawing on fieldwork in five cities in 1994 as well as national statistics, this Article analyzes the provision of urban infrastructure services and financing. As marketization proceeds, an overhaul of the urban public finance system, along with a redefinition of the role of local government in China, is urgently required.

Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan

Washington International Law Journal

The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez

University of Miami Inter-American Law Review

No abstract provided.

Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.

Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson

University of Miami Inter-American Law Review

No abstract provided.

The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig

University of Miami Inter-American Law Review

No abstract provided.

The Interplay Between The Foreign Sovereign Immunities Act And Erisa: The Effects Of Gates V. Victor Fine Foods, Karen Geller

University of Miami Inter-American Law Review

No abstract provided.