Comparative and Foreign Law Commons^™

Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran

LLM Theses and Essays

Public policy is one of the defenses that a court or a party may invoke in order to resist enforcement of an unjust foreign award or judgment. The purpose of this study is to analyze the status of the public policy as a defense to enforcement in the U.S and to examine its success rate. The thesis will contain suggestions to make public policy a more meaningful defense with respect to the enforcement of foreign judgments and its role in bringing about uniformity in the field of foreign judgments will be analyzed.

Nov. 22 2002, Emails Btwn R. Kyte, Ifc, From Oilwatch Africa, Re Niger Delta Facility, Cao

CAO General 1999-Present

No abstract provided.

The Brown Shoe Of European Union Competition Law, Eric S. Hochstadt

Cardozo Law Review

No abstract provided.

European Security And Defense Policy Under The Gun, Jeff P.H. Cazeau

University of Miami International and Comparative Law Review

No abstract provided.

Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg

University of Miami International and Comparative Law Review

No abstract provided.

The United States's Obligation To Lower Greenhouse Gas Emissions: An American Perspective Of The Kyoto Protocol, Kara K. Davis

University of Miami International and Comparative Law Review

No abstract provided.

Environmental Damages And Crimes, Jeffry S. Wade, Rafael González Ballar, Fernando C. Walcacer, José Rubens Morato Leite, Marcelo Buzaglo Dantas

UF Law Faculty Publications

Part III of Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002). Discusses the United States and Environmental Law, Costa Rica and Environmental Law, Brazil and Environmental Law, and Brazil and Environmental Damage.

Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig, David Abraham

University of Miami International and Comparative Law Review

No abstract provided.

Irreconcilable Differences? Germany, The United States And The Hague Convention Controversy, Ximena Skovron

University of Miami International and Comparative Law Review

No abstract provided.

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector

University of Miami International and Comparative Law Review

No abstract provided.

Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig

University of Miami International and Comparative Law Review

No abstract provided.

Bananas, Airplanes And The Wto: Prohibited Export Subsidies, Marc Kleiner

University of Miami International and Comparative Law Review

No abstract provided.

Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez

University of Miami International and Comparative Law Review

No abstract provided.

Helms Burton: A View From Abroad, Runa Kinzel

University of Miami International and Comparative Law Review

No abstract provided.

Australasian Law And Canadian Statutes In The Nineteenth Century: A Study Of The Movement Of Colonial Legislation Between Jurisdictions, Jeremy Finn

Dalhousie Law Journal

This paper considers the use between 1850 and 1900 by Anglo-Canadian legislatures of legislative precedents from the Australian and New Zealand colonies and argues that while a wide range of Australasian laws were considered by Canadian legislators, the most significant Australasian influences are to be found in mining law, electoral and constitutional law and land law The paper goes on to explore, by use of archival, parliamentary and published materials, the processes by which Canadian legislators acquired their knowledge of these Australasian initiatives. While governmental and institutional channels (including the Colonial Office) played a significant part in the transmission of …

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts

Cardozo Law Review

No abstract provided.

Ability To Pay, Stephen Utz

Faculty Articles and Papers

There is broad agreement that a fair tax should be imposed in accordance with taxpayers' ability to pay. A utility-based interpretation of this standard, used in most tax policy discussions today, does not adequately reflect the its historical development and cannot escape long standing and devastating criticisms from within welfare economics and on other general grounds. This article traces the history of ability to pay, with special reference to the standard's emergence along with the British and German income tax laws, and in the theoretical literature that followed the adoption of income tax laws there and elsewhere. The article concludes …

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …

Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon

Articles

The article critiques the assumption that performance-based executive remuneration aligns managerial and shareholder interests, arguing that executives' positional power allows them to exploit such systems, leading to excessive pay and corporate malfeasance. It highlights how this conflict of interest contributed to major corporate collapses like Enron and One.Tel, emphasizing the need for reforms beyond current governance mechanisms.

A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton

Washington International Law Journal

The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …

How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang

Washington International Law Journal

China regards business methods to be a form of mental activity, and consequently excludes them from patent protection. In recent years, along with the proliferation of computer, telecommunication, and Internet technologies, the line between business methods and technology has blurred. As a result, other patent systems, such as U.S. patent law, have modified or are re-evaluating their patent treatment of business methods. The Chinese patent system is designed to promote the progress of science and technology. Business methods having no technical characters are not technological art. It would thus be overly inclusive to regard every business method as "technology" and …

The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon

Washington International Law Journal

The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …

Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White

Michigan Telecommunications & Technology Law Review

Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States, the fundamental principles underlying each system serve the same basic purpose: to encourage technological innovation and dissemination of knowledge. In granting exclusive patent rights, it is important that the scope of patent protection not be so broad as to remove existing knowledge from the public domain. The scope of protection should strike a balance between granting adequate patent rights while preserving the public's ownership in the public domain or the prior art. To encourage innovation patentees must attain significant exclusive rights, while potential infringers receive …

Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth

Washington International Law Journal

Post-Suharto Indonesia has taken steps to liberalize and codify the right of political association through a package of political laws passed by the House of Representatives (Dewan Perwakilan Rakyat or "DPR") in 1999. International pressure and Indonesian mass demonstrations calling for political reform provided the impetus for the passage of the laws. Since this legal reform, the number of registered political parties in Indonesia has jumped from three to over one hundred. Moreover, the laws provided a legal framework for the 1999 general elections, which were widely recognized as free and fair. The initiatives, however, have had limited effect …

The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang

Washington International Law Journal

This article was originally presented as The Development of Taiwan's Legal Systems: Towards a Western-style Law, CONFERENCE ON TAIWAN IN THE 20TH CENTURY: A RETROSPECTIVE VIEW, in THE CHINA QUARTERLY AND THE GOVERNMENT INFORMATION OFFICE, R.O.C., (Taipei, Dec. 14-15, 1999). When I wrote that piece, no one could imagine that the Council of Grand Justices would find the newly-amended constitutional provisions unconstitutional, that the National Assembly would be virtually abolished, and that the opposition party would win the presidential election for the first time in Taiwan's history. This revised version of course has taken these crucial events into account. …

Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur

Washington International Law Journal

In response to Japan's increasing labor shortage, the Japanese government in 1990 enacted an extensive set of amendments to its restrictive Immigration Control and Refugee Recognition Act to allow for a controlled but broader method of regulating legal entry of foreign workers into Japan. Significant among those amendments are the provisions granting long-term resident status to persons of Japanese descent entering from abroad and the provisions offering additional rights to foreign-born spouses and children of Japanese nationals. These provisions are mainly targeted at descendants of Japanese who emigrated to South America ("Nikkeijin"). While most of the existing literature …

Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell

Scholarly Works

It is not the purpose of this study to argue for or against changes in the secured credit or insolvency law of Argentina or the U.S. The perpetual clash of interested noted by James Madison and the contemporary pressures of the global economy are likely to assure that these areas of law will be subject to continuing scrutiny in both countries. Instead, we first urge that the law governing the creation and enforcement of security devices and the way in which insolvency laws impact these devices be considered together as part of one system of financing. The power which secured …