Comparative and Foreign Law Commons^™

Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen

Cardozo Journal of International and Comparative Law

The article examines the differing approaches to addressing corporate agency costs in the United States and Israel, highlighting how each country's legal frameworks and market mechanisms respond to distinct agency problems. In the U.S., the "management problem" arises from the separation of ownership and control, whereas Israel faces the "control problem" due to the concentration of ownership. The analysis underscores how the prevalence of these issues influences the adoption of voluntary vs. mandatory solutions.

Being Female Can Be Fatal: An Examination Of India's Ban On Pre-Natal Gender Testing, Andrea Krugman

Cardozo Journal of International and Comparative Law

The note examines India's 1996 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, which aims to address the severe gender imbalance caused by prenatal sex selection and female feticide. Despite the Act's intentions, its effectiveness is hindered by deep-rooted cultural preferences for male children, economic pressures, and insufficient enforcement mechanisms. The analysis highlights the need for broader societal changes, including education and economic empowerment for women, to effectively combat gender discrimination.

One Country, Two Systems: Theory Into Practice, Guiguo Wang, Priscilla M F Leung

Washington International Law Journal

The Hong Kong Special Administrative Region was established on July 1, 1997, when the former colony was handed over by Britain to China. Thereafter the policy of "One Country, Two Systems" began as dictated by the Basic Law. This article examines the evolution of the "One Country, Two Systems" policy and discusses how this policy has been reflected in the Basic Law. As any change in the Basic Law may affect the implementation of this policy, and perhaps the stability and prosperity of Hong Kong, this article also analyses the scheme, policies and rules in relation to interpreting and amending …

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim

Washington International Law Journal

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …

Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka

Washington International Law Journal

Japanese jurisprudence has been strongly influenced by German jurisprudence, but this trend is changing because more legal professionals including judges, patent attorneys and patent office examiners study at U.S. Law Schools. Some recent Japanese court decisions reflect this strong influence from U.S. jurisprudence. Particularly, the influence is significant in the field of patent claim interpretation, courts' power to review the validity, parallel importation and patent infringement damages. This article concludes that there are few significant differences remaining between the U.S. and Japanese patent laws, and Japanese courts' eagerness to adopt U.S patent law significantly contributes to harmonizing the remaining differences.

The 1997 U.S.-Japan Defense Guidelines Under The Japanese Constitution And Their Implications For U.S. Foreign Policy, Chris Ajemian

Washington International Law Journal

The 1997 U.S.-Japan Defense Guidelines represent additional commitment by Japan to the U.S.-Japan security alliance, the primary source of Northeast Asian security and stability. Certain tasks within Japan's enhanced role raise questions of whether the Guidelines are compatible with Article 9 of Japan's Constitution. On its face, Article 9 renounces Japan's right to wage war or maintain military force, yet it has been interpreted to allow a defensively-oriented, though massive, military. Based on the existing interpretation of Article 9, it is likely that Japan will declare its new role under the Guidelines constitutional. U.S. policy toward Japan in the short-term …

Discrimination Down Under: Lessons From The Australian Experience In Prohibiting Employment Discrimination On The Basis Of Sexual Orientation, Joshua Colangelo-Bryan

Washington International Law Journal

Australia offers greater legislative protection against employment discrimination on the basis of sexual orientation than does the United States. This difference is not due to greater social or political awareness on the part of Australians. Rather, Australian federal law results from the work of progressive national committees given wide discretion to address discrimination under international agreements to which Australia is a party. The creation of Australian federal laws is not instructive in the U.S. context because the limited scope of these laws is incompatible with American discrimination statutes. Furthermore, the process by which sexual orientation became a proscribed ground under …

Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio

Washington International Law Journal

The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently protected by the Act must be preserved, ensuring indigenous participation as well as consensual and procedural agreement. The government should not change its course: indigenous parties deserve the same rights today as were granted just five years ago. Government and indigenous leaders must work cooperatively to draft new amendments to …

Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty

Washington International Law Journal

Malaysia is in the process of developing the Multimedia Super Corridor ("MSC"), a high-tech zone sometimes called "the Silicon Valley of the East." As a way of attracting investors to the MSC, Malaysia is adopting business-friendly policies and comprehensive "cyberlaws" designed to assure MSC participants that they and their technology will be protected. One of Malaysia's many goals is to be a leader in the development of cyberlaws. However, the Computer Crimes Act 1997 is too flawed to place Malaysia in that role. The Computer Crimes Act is designed to prevent computer crimes such as hacking, virus planting and the …

Literary Formalism, Legal Formalism, Jeffrey Malkan

Cardozo Law Review

No abstract provided.

United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog

UC Law SF International Law Review

No abstract provided.

Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Copyright Protection For Software, Ralph Oman

ILSA Journal of International & Comparative Law

The United States blazed the trail in giving copyright protection for software. Until just recently, many other countries favored sui generis protection for software, but that argument was finally settled in GATT/TRIPs and last December's World Intellectual Property Organization Copyright Treaty.

Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson

ILSA Journal of International & Comparative Law

How many attorneys in the audience have ever participated in a domestic mediation? I see the hands of about four out of about a hundred people in attendance. How many attorneys in the audience have ever participated in an international mediation? I see two people raising their hands. This is a larger percentage of people than I had anticipated! (laughter)

Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant

ILSA Journal of International & Comparative Law

In international commercial arbitration, some disputes cry out for informal resolution by the parties themselves. In assessing their response, parties, arbitrators and arbital institutions must have in mind fundamental, practical and ethical considerations. This paper addresses some of the practical and provocative issues raised in these circumstances.

Establishment Of An International Criminal Court, Steven J. Gerber

ILSA Journal of International & Comparative Law

It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).

Facilitating Accountability: The Potential Value Of International Guidelines Against Impunity, Madeline Morris

ILSA Journal of International & Comparative Law

We strive to overcome impunity for international crimes such as genocide, war crimes, and crimes against humanity. Our reasons may include a vision of justice and perhaps a hope for deterrence.

Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig

ILSA Journal of International & Comparative Law

More than half of the world's nations have either abolished or no longer practice the death penalty. I In this coming year, the opportunity for a vast expansion in the number of nations which no longer adhere to the death penalty appears almost certain because of events which occurred in 1997, some of which are detailed here.

Jurisdiction And Evidence - An English Perspective, Steven Loble

ILSA Journal of International & Comparative Law

The countries of Europe have entered into multilateral treaties to facilitate doing business in Europe. These treaties cover jurisdiction, enforcement of foreign judgments and choice of law. The individual states in the United States have analogous arrangements to facilitate doing business within the United States.

Revive The Hague Evidence Convention, Andrew N. Vollmer

ILSA Journal of International & Comparative Law

This article is about the Hague Evidence Convention' and the Supreme Court's decision in Aerospatiale.2 Because Of Aerospatiale, the Hague Evidence Convention is used only rarely for party discovery in United States litigation. That is unfortunate, and my purpose here is to suggest reasons and ways to revive use of the Convention. I will first discuss several aspects of the international discovery situation before Aerospatiale.

International Law And Abolition Of The Death Penalty: Recent Developments, William A. Schabas

ILSA Journal of International & Comparative Law

As a goal for civilized nations, abolition of the death penalty was promoted during the drafting of the Universal Declaration of Human Rights' in 1948. It found, however, that expression was only implicit in the recognition of what international human rights law designated "the right to life;" the same approach was taken in the American Declaration of the Rights and Duties of Man, adopted May 4, 1948.

Strengthening The Philip C. Jessup International Law Moot Court Competition, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

The Jessup Competition has awakened perspectives about decision making in the students of international law. It has served in the legal education of countless students, and it has even served the promotion and perhaps the development of international law itself

Issues Surrounding The Creation Of A Regional Human Rights System For The Asia-Pacific, Kelly Dawn Askin

ILSA Journal of International & Comparative Law

The only major region of the world that does not have a regional human rights commission or court is the Asia-Pacific. The Asia-Pacific can generally be recognized to include not only the entire Asian region, from Japan and the Philippines in the East to Pakistan and Afghanistan in the West, but also areas of the South Pacific, including Australia, New Zealand, the East Indies and the Pacific Islands, and Russia.

Execution Of Foreign Nationals In The United States: Pressure From Foreign Governments Against The Death Penalty, John Quigley

ILSA Journal of International & Comparative Law

One of the sources of pressure against the use of capital punishment in the United States is foreign governments. Half the world's states do not use capital punishment. Importantly, that half includes all of Western Europe. The states of Western Europe, as a result of their economic situation and their economic cohesiveness, are better positioned than most other states in the world to put pressure on the United States on human rights matters.

Crimes Of War: A Personal Account Of The Horrors Revealed By An Investigation Of A Nazi War Criminal, Peter Watson

ILSA Journal of International & Comparative Law

Crimes of war pose an inherent contradiction. They demand justice, but we find ourselves uneasy at putting our enemies on trial. Since Nuremburg, such issues have challenged our morality and confronted our conscience. Is it that we recoil from the spoils of the victor, taking illegitimate advantage of the vanquished?

The Logical Next Step? An International Perspective On The Issues Of Human Cloning And Genetic Technology, Jason T. Corsover

ILSA Journal of International & Comparative Law

"If you're a scientist, you believe that it is good to find out how the world works; that it is good to find what the realities are; that it is good to turn over to mankind at large the greatest possible power to control the world…”

- Robert Oppenheimer on the Manhattan Project

Made In America: Latin American Consumers Meet Their Maker, Jessica Garcia

ILSA Journal of International & Comparative Law

In recent years, individuals living in the United States have exported various supplies to people in third world countries. In particular, many goods have been exported to Latin American countries, including Cuba.

The Right To Privacy In Great Britain: Will Renewed Anti-Media Sentiment Compel Great Britain To Create A Right To Be Let Alone?, Laura Lee Mall

ILSA Journal of International & Comparative Law

The concept of privacy and the legal rights it implicates have historically proved difficult to define. In 1888, an English judge named Cooley coined one of the broadest yet most commonly used phrases to describe the right to privacy.