Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (117)
- Human Rights Law (23)
- Constitutional Law (20)
- Business Organizations Law (16)
- Religion Law (15)
-
- Criminal Law (14)
- Courts (13)
- Intellectual Property Law (13)
- Jurisprudence (11)
- Legal History (9)
- Family Law (8)
- International Trade Law (8)
- Legal Education (8)
- Banking and Finance Law (7)
- Environmental Law (7)
- Immigration Law (7)
- Criminal Procedure (6)
- Judges (6)
- Law and Society (6)
- Military, War, and Peace (6)
- Dispute Resolution and Arbitration (5)
- Jurisdiction (5)
- Legal Writing and Research (5)
- Torts (5)
- Antitrust and Trade Regulation (4)
- Civil Procedure (4)
- European Law (4)
- Internet Law (4)
- Institution
-
- Nova Southeastern University (37)
- University of Washington School of Law (34)
- University of Michigan Law School (19)
- Yeshiva University, Cardozo School of Law (18)
- UC Law SF (17)
-
- Brigham Young University Law School (14)
- Florida State University College of Law (14)
- University of Miami Law School (13)
- BLR (12)
- American University Washington College of Law (7)
- University of Kentucky (7)
- University of Richmond (6)
- Schulich School of Law, Dalhousie University (5)
- University at Buffalo School of Law (5)
- Northwestern Pritzker School of Law (4)
- The Catholic University of America, Columbus School of Law (4)
- University of Baltimore Law (4)
- William & Mary Law School (4)
- Chicago-Kent College of Law (3)
- Columbia Law School (3)
- Cornell University Law School (3)
- Pace University (3)
- Seattle University School of Law (3)
- UIC School of Law (3)
- University of San Diego (3)
- Duke Law (2)
- Georgetown University Law Center (2)
- Osgoode Hall Law School of York University (2)
- The Peter A. Allard School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Keyword
-
- Comparative and Foreign Law (12)
- Comparative law (9)
- United States (8)
- Australia (7)
- Canada (7)
-
- European Union (7)
- International (7)
- International Law (7)
- Law (7)
- South Africa (7)
- WTO (7)
- Comparative Law (6)
- Legal education (5)
- Policy (5)
- Terrorism (5)
- World Trade Organization (5)
- Constitutional Law (4)
- Globalization (4)
- Human rights (4)
- International law (4)
- Marine (4)
- United Nations (4)
- Africa (3)
- Arbitration (3)
- Argentina (3)
- Business entity reform (3)
- Business law reform (3)
- China (3)
- Common law (3)
- Corporations (3)
- Publication
-
- ILSA Journal of International & Comparative Law (37)
- Washington International Law Journal (31)
- UC Law SF International Law Review (17)
- Florida State University Journal of Transnational Law & Policy (14)
- ExpressO (12)
-
- BYU Law Review (10)
- All Faculty Scholarship (8)
- Cardozo Law Review (8)
- University of Miami International and Comparative Law Review (7)
- Cardozo Journal of International and Comparative Law (6)
- Michigan Law Review (6)
- Richmond Journal of Global Law & Business (6)
- University of Miami Inter-American Law Review (6)
- Faculty Scholarship (5)
- Kentucky Law Journal (5)
- Scholarly Articles (5)
- Articles (4)
- Dalhousie Law Journal (4)
- Northwestern Journal of International Law & Business (4)
- Brigham Young University Journal of Public Law (3)
- Cornell Law Faculty Publications (3)
- Faculty Publications (3)
- Michigan Journal of International Law (3)
- San Diego International Law Journal (3)
- Seattle University Law Review (3)
- UIC Law Open Access Faculty Scholarship (3)
- All Faculty Publications (2)
- American University Journal of Gender, Social Policy & the Law (2)
- Articles & Book Chapters (2)
- Book Chapters (2)
- Publication Type
Articles 31 - 60 of 273
Full-Text Articles in Comparative and Foreign Law
Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova
Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova
Buffalo Human Rights Law Review
No abstract provided.
The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King
The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King
Buffalo Human Rights Law Review
No abstract provided.
Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin
Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin
Buffalo Public Interest Law Journal
No abstract provided.
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng
Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng
Cardozo Law Review
No abstract provided.
Alternative Forms Of Judicial Review, Mark Tushnet
Alternative Forms Of Judicial Review, Mark Tushnet
Michigan Law Review
The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design features that operate at the next lower level. Here legislatures …
Comparative Constitutionalism In A New Key, Paul W. Kahn
Comparative Constitutionalism In A New Key, Paul W. Kahn
Michigan Law Review
Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is …
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser
This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser
ExpressO
No abstract provided.
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
Brigham Young University Journal of Public Law
No abstract provided.
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Brigham Young University Journal of Public Law
No abstract provided.
The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman
The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman
University of Miami Inter-American Law Review
No abstract provided.
Pesification And Economic Crisis In Argentina: The Moral Hazard Posed By A Politicized Supreme Court, Becky L. Jacobs
Pesification And Economic Crisis In Argentina: The Moral Hazard Posed By A Politicized Supreme Court, Becky L. Jacobs
University of Miami Inter-American Law Review
No abstract provided.
Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin
Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin
Cardozo Journal of International and Comparative Law
The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.
Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala
Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala
Cardozo Journal of International and Comparative Law
The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.
Legal Protection Of Indigenous Culture In Australia, Ronald Sackville
Legal Protection Of Indigenous Culture In Australia, Ronald Sackville
Cardozo Journal of International and Comparative Law
The article examines the legal protection of Indigenous culture in Australia, highlighting both progress and persistent challenges. While significant strides have been made, such as constitutional amendments and the recognition of native title, the legal system still struggles to adequately protect Indigenous cultural rights, particularly in reconciling them with existing intellectual property and heritage protection frameworks.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Introduction, Peter K. Yu
Introduction, Peter K. Yu
Cardozo Journal of International and Comparative Law
The introduction explores the challenges of protecting traditional knowledge, folklore, and indigenous practices within the global intellectual property framework. It argues that the success of such protection depends on selecting the appropriate international forum for negotiations, fostering a nonzero-sum mindset among negotiators, addressing cognitive barriers, and ensuring the active participation of indigenous communities. The introduction emphasizes the need for a balanced approach that considers the diverse interests of various stakeholders, including developed and developing countries, indigenous peoples, and international organizations.
Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris
Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris
Journal of Legal Education
No abstract provided.
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
Michigan Law Review
The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …
The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann
The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann
Brigham Young University Journal of Public Law
No abstract provided.
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Washington International Law Journal
This Article analyzes the Korean fair disclosure system and the Korean mandatory disclosure system under the Korean Securities and Exchange Act ("KSEA"). After the turbulence in the financial markets resulting from the economic crises of late 1997, the South Korean government realized that the Korean economy had failed to keep pace with the world economy. The Korean economy underwent many changes after being offered financial relief from the International Monetary Fund. As part of these changes, the government adopted a series of structural reform measures to improve the standard of corporate governance and enhance corporate management. The KSEA now provides …
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Washington International Law Journal
This Article represents recent scholarship in Russian jurisprudence concerning the use of alternative dispute resolution procedures. It was written by a professor who is an active participant in law reform projects addressing the problems of elaborating legislation to articulate the rights and duties of parties involved in economic and other disputes. This Article covers three forms of dispute resolution—negotiations, claims-based dispute resolution, and mediation—and identifies characteristics of these procedures that are peculiar to the Russian context. By reviewing the forms of conflict resolution employed in Soviet-era command economy and exploring the contours of contemporary Russian "legal culture," the Article attempts …
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
Washington International Law Journal
A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
Washington International Law Journal
Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …
Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu
Washington International Law Journal
On January 9, 2003, China's Supreme People's Court issued a new ruling with detailed provisions governing private securities litigation involving disclosure of false or misleading information. The new ruling is expected to play an important role in regulating and developing China's securities markets by providing a necessary judicial safeguard against infringement upon investors' interests. The new ruling, however, is unlikely to achieve its expected effect due to various procedural and substantive hurdles to investor access to judicial recourse. The built-in procedural hurdles either make it very difficult for securities investors to bring private actions, or, in some circumstances, deprive them …
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Washington International Law Journal
In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
San Diego International Law Journal
This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the …
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
San Diego International Law Journal
This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The …
Politics Without Democracy: A Study Of The New Principal Officials Accountability In Hong Kong, Christine Loh, Richard Cullen
Politics Without Democracy: A Study Of The New Principal Officials Accountability In Hong Kong, Christine Loh, Richard Cullen
San Diego International Law Journal
his Article seeks to discuss a range of issues related to the POAS. These issues include: The "one country, two systems" framework; The background to the introduction of the POAS; The fundamentals of the POAS; The notion of accountability pre- and post-POAS; An evaluation of executive government systems; The issues arising from the implementation of POAS; and, A best practice ministerial model for Hong Kong.