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Articles 241 - 270 of 273
Full-Text Articles in Comparative and Foreign Law
Sacred Sites And Religious Freedom On Government Land, Richard B. Collins
Sacred Sites And Religious Freedom On Government Land, Richard B. Collins
Publications
No abstract provided.
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Faculty Publications
No abstract provided.
Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart
Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart
LLM Theses and Essays
The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (NAFTA) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their difference, both regions seek to achieve a certain degree of free movement when trading goods within their respective e internal markets. This study …
Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross
Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross
Michigan Journal of International Law
A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …
Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii
Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii
Richmond Journal of Global Law & Business
The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Northwestern Journal of International Law & Business
The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, both in the public sphere in areas such as human rights and in private areas, such as regulation of business. They work as representatives of both U.S. clients and foreign organizations and governments, bringing their basic mindset, shaped by education and practice experiences, into their dealings with foreign lawyers as they connect in a variety of roles, from co- and opposing counsel, to …
Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley
Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley
Richmond Journal of Global Law & Business
On July 30, 2002, in an effort to demonstrate to the American public a resolve to crack down on corporate scandals such as Enron, Adelphia, WorldCom, and Global Crossing, President Bush signed into law the “Sarbanes-Oxley Act of 2002”. Proclaiming that the new law will restore investor confidence, reform the oversight of public accounting and increase the transparency of corporate financial statements…
Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong
Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong
Washington International Law Journal
The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.
Introduction To The Maritime Law Forum, Craig H. Allen
Introduction To The Maritime Law Forum, Craig H. Allen
Washington International Law Journal
The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …
Emergence Of A Private Banking Sector In The Czech Republic, Phillip M. Stupak
Emergence Of A Private Banking Sector In The Czech Republic, Phillip M. Stupak
Richmond Journal of Global Law & Business
No abstract provided.
The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg
The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg
Faculty Scholarship
In contemporary debates over copyright, the figure of the author is too-often absent. As a result, these discussions tend to lose sight of copyright's role in fostering creativity. I believe that refocussing discussion on authors – the constitutional subjects of copyright – should restore a proper perspective on copyright law, as a system designed to advance the public goal of expanding knowledge, by means of stimulating the efforts and imaginations of private creative actors. Copyright cannot be understood merely as a grudgingly tolerated way station on the road to the public domain. Nor does a view of copyright as a …
Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost
Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Ending Marriage As We Know It, Nancy Polikoff
Ending Marriage As We Know It, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel
Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel
Articles & Chapters
No abstract provided.
The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani
The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani
Human Rights Brief
No abstract provided.
Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin
Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes the U. S. constitutional law interpreting the concept of “same offence.” Included is a survey of the Supreme Court's attempts to interpret constitutional text in order to provide adequate protection for the underlying double jeopardy interest against vexatious reprosecutions, which have frequently produced inconsistent and illogical results. Part III of this article analyzes U.K. law relating to the concept of “same offence,” where the same narrow double jeopardy protection adopted by the U.S. Supreme Court is supplemented with a broad discretion to prevent unfair successive prosecution that constitutes an abuse of process. Part IV draws lessons from …
The Economics Of Uniform Laws And Uniform Law Making, John Linarelli
The Economics Of Uniform Laws And Uniform Law Making, John Linarelli
Scholarly Works
Uniform law making has a substantial history in the twentieth century. It seems to be continuing with some force into the twenty-first century. A significant American law and economics literature, however, questions its merit. By contrast, there have been limited rational choice oriented investigations of unification or centralization of law in Europe. Critics of the uniform law movement in the United States use methods of analysis influenced by public choice theory, political economics and positive political theory. The paper does not call into question the methods and assumptions of these approaches. The paper claims that economic analysis supports public policy …
Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine
Taking Ethics Codes Seriously: Broad Ethics Provisions And Unenumerated Ethical Obligations In A Comparative Hermeneutic Framework, Samuel J. Levine
Scholarly Works
Ethics scholars have documented the increasingly legislative form of twentieth-century ethics regulations, culminating in the enactment and widespread adoption of the Model Rules of Professional Conduct. Nevertheless, pointing to the presence of broad ethics provisions, a number of leading scholars have questioned the extent to which ethics codes can accurately be conceptualized as a form of legislation. Responding to these critiques, Levine aims to take seriously both the legislative form of ethics codes and their interpretation. Toward that aim, he looks to interpretive methodologies employed in American constitutional law and Jewish law to provide both descriptive and normative models for …
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
The goal of this Article is to participate in the challenging project of carving out a new area of study in the place where international law, comparative law, and domestic law intersect. In this Article, I use the story of flawed rule-of-law assistance efforts to demonstrate the importance of this inquiry. I take as a basic premise that there are many situations in which it is justifiable and beneficial for the U.S. and other actors to seek to promote human rights and the rule of law abroad, and that at times even military interventions are a necessary and justifiable part …
New Forms Of Judicial Review And The Persistence Of Rights - And Democracy-Based Worries, Mark V. Tushnet
New Forms Of Judicial Review And The Persistence Of Rights - And Democracy-Based Worries, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
Recent developments in judicial review have raised the possibility that the debate over judicial supremacy versus legislative supremacy might be transformed into one about differing institutions to implement judicial review. Rather than posing judicial review against legislative supremacy, the terms of the debate might be over having institutions designed to exercise forms of judicial review that accommodate both legislative supremacy and judicial implementation of constitutional limits. After examining some of these institutional developments in Canada, South Africa, and Great Britain, this Article asks whether these accommodations, which attempt to pursue a middle course, have characteristic instabilities that will in the …
Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning
Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning
Kentucky Law Journal
No abstract provided.
Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal
Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal
Kentucky Law Journal
No abstract provided.
Pragmatic Reform: Lessons From The South African Experiment, J. William Callison
Pragmatic Reform: Lessons From The South African Experiment, J. William Callison
Kentucky Law Journal
No abstract provided.
Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael
Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael
Kentucky Law Journal
No abstract provided.
The Trouble With Global Constitutionalism, Ernest A. Young
The Trouble With Global Constitutionalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty
Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty
Cardozo Law Review
No abstract provided.
Nietzsche's Gnosis Of Law, Frederick M. Dolan
Nietzsche's Gnosis Of Law, Frederick M. Dolan
Cardozo Law Review
No abstract provided.
Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski
Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski
Scholarly Articles
Commentators have often suggested that Latin American countries incorporate more features of parliamentary systems or experiment with "mixed" models of governance. This article presents arguments that such a recommendation should be carefully analyzed. First, the article demonstrates that, since the early stages of post-colonial history, the Latin American states modified U.S. presidentialism. The states have already experimented with many features of a parliamentary system, adopted a model of judicial review which was an amalgam of several well-known models, and wrestled with their own ethnic, cultural and legal problems not linked to the U.S. system of governance. Second, the article examines …
Researching English Case Law, Stephen E. Young
Researching English Case Law, Stephen E. Young
Scholarly Articles
No abstract provided.
United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner
United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner
Scholarly Articles
The modernization of world financial markets over the last 20 years has raised profound regulatory challenges. Our article considers whether the United States' Gramm-Leach-Bliley Act of 1999 (GLB) and the United Kingdom's Financial Services and Markets Act 2000 (FSMA) meet those challenges. We posit that the most compelling regulatory issue is not whether the financial industry should be allowed to consolidate. Rather, we believe that the organization and practices of the regulators, i.e., the question of which agencies regulate which firms and under what set of laws, should be the focal point. We call this an issue of regulatory modernization. …