Comparative and Foreign Law Commons^™

Intellectual Property Rights In China: Technology Transfers And Economic Development, Mikhaelle Schiappacasse

Buffalo Intellectual Property Law Journal

No abstract provided.

A Cultural And Historical Perspective To Trademark Law Enforcement In China, Charles L. Miller Ii

Buffalo Intellectual Property Law Journal

No abstract provided.

Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater

University of Miami International and Comparative Law Review

No abstract provided.

The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver

University of Miami International and Comparative Law Review

No abstract provided.

Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton

University of Miami Inter-American Law Review

No abstract provided.

The Parameters Of Internal Armed Conflict In International Humanitarian Law, Anthony Cullen

University of Miami International and Comparative Law Review

No abstract provided.

Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte

University of Miami International and Comparative Law Review

No abstract provided.

Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg

University of Miami International and Comparative Law Review

No abstract provided.

International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal

University of Miami Inter-American Law Review

No abstract provided.

Building The Northeast Asian Community, Byung-Woon Lyou

Indiana Journal of Global Legal Studies

No abstract provided.

Recent Developments In European Takeover And Corporate Law, Andrea Guaccero

Cardozo Journal of International and Comparative Law

The article examines recent developments in European corporate law, focusing on the harmonization of takeover laws and broader corporate governance reforms. It highlights the challenges and opportunities arising from the integration of national legal systems within the European Union, emphasizing the balance between uniformity and national sovereignty. The analysis draws parallels with U.S. corporate law and explores the role of directives, regulations, and court rulings in shaping a cohesive European legal framework.

The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler

Cardozo Journal of International and Comparative Law

Right now, somewhere on the territory of a Member State of the European Community, a lorry carrying strawberries from another EC country is attacked by a group of masked men, who force the conductor off the road and render tons of strawberries unusable. Is it an ordinary criminal act to be treated within national criminal law or an invocation of the free movement of goods guaranteed by EC law? Not long ago, the European Court of Justice (ECJ) ruled in a landmark judgment that the free movement of goods requires the Member States to act against such private conduct that …

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan

Cardozo Journal of International and Comparative Law

The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …

Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Global Law Teaching, Catherine Valcke

Journal of Legal Education

No abstract provided.

Globalizing Property: Incorporating Comparative And International Law Into First-Year Property Classes, M C. Mirow

Journal of Legal Education

No abstract provided.

Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel And India, Arunabha Bhoumik

ExpressO

This paper compares counter-terrorist policies in the United States, Israel and India through the lens of three models of counter-terrorist policies: the war model, the intelligence model, and the criminal justice model. After describing each model, the paper introduces different variables that are relevant in understanding a country’s counter-terrorist policies. Using these variables, the paper attempts to analyze and classify each country’s counter-terrorist policies.

Taxation Of Spin-Off – U.S. And German Corporate Tax Law, Stefan W. Suchan

Cornell Law School J.D. Student Research Papers

Corporate law provides for a transaction commonly referred to as “spin-off”. The corporate enterprise is divided in (at least) two corporations. The stock of a controlled subsidiary will be distributed pro rata by a parent corporation to its shareholders which end up owning a brother/sister pair of corporate enterprises.

The Internal Revenue Code (IRC) in § 355 provides special rules for the distribution of stock and securities of a controlled corporation. The transaction is known as a “D reorganization”, if such a distribution follows the transfer by a corporation of all or a part of its assets to another corporation, …

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

Post-Enron: U.S. And German Corporate Governance, Stefan W. Suchan

Cornell Law School J.D. Student Research Papers

Only five years after Henry Hansmann and Reinier Kraakmann announced "the End of History of Corporate Law" – borrowing the words of Francis Fukuyama–, this observation seems at least questionable. Following two major failures of the “American Model” with the bankruptcy of Enron and WorldCom, the question of the "right" Corporate Governance regime is again under discussion.

Legislators around the globe assume that further development of Corporate Governance is necessary. There is consent for the need of improvement, but no clear answer on how to improve. A first step to solving the arising problems might be to evaluate the reasons …

The Lessons Stem Cells Provide Vis-À-Vis Patents: Working Towards An International/Universal Patent Regime. , Charles F. Hall

ExpressO

Biotechnology research has much to promise human society. Beyond the obvious benefits of being able to clone rare animal species or potentially to revitalize extinct species , there are many practical applications that are beneficial to human society directly. Rare blood types might be created from specialized stem cells. The tragedies of Christopher Reeve and others like him who have suffered paralysis from spinal cord trauma may be reversible by using stem cells to replenish damaged and severed nerve cells in the spinal column. The dire shortage of organs for those needing transplants can be reduced by creating an organ …

The Duty To Support An Aged Parent In Singapore, Wing-Cheong Chan

Washington International Law Journal

When the legislation to impose a financial obligation on adult children to provide for their aged parents was introduced in Singapore in 1994, it generated heated public debate which polarized the population. Several criticisms of this proposal emerged: it subsumed the Asian value of filial piety in a legalistic, Western framework; it was unnecessary given the small number of parents being neglected by their children; and it was an undesirable intrusion into family life. Nonetheless, the proposal managed to gain enough Parliamentary support to be referred to a Select Committee. Several adjustments to the proposed legislation were made to take …

Digital Age Standard Form Contracts Under Austalian Law: "Wrap" Agreements, Exclusive Jurisdiction, And Binding Arbitration Clauses, John Adams

Washington International Law Journal

Despite the widespread use of end user agreements ("EULAs") within international e-commerce, their enforceability under Australian law has yet to be adjudicated. Legislative reform and judicial clarification of contract standards may be required for Australian courts to validate the methods of standard form contracting used in the digital age. While existing Anglo-Australian nules regarding contract formation may be adequate to enforce EULAs, the doctrine of privity presents an unnecessary and outdated barrier to the enforcement. Accordingly, the Australian legislature should abolish the doctrine of privity. In addition, Australian courts must clarify what type of notice is required for onerous contractual …

Gay Marriage: Analyzing Legal Strategies For Reform In Hong Kong And The United States, Robin A. Warren

Washington International Law Journal

Like many countries, both the United States and Hong Kong face the question of whether to legalize gay marriage due to social, legal, and political forces within and beyond their borders. The legalization of same-sex marriage in one jurisdiction forces other jurisdictions to decide whether to recognize marriages celebrated there. Comparing the current state of U.S. and Hong Kong law reveals that only a direct challenge to discriminatory marriage laws will successfully effect change. Two U.S. state supreme court decisions provide examples of effective legal arguments in a direct challenge. Conflict of laws analysis for marriage and the public policy …

Russian Floating Nuclear Reactors: Lacunae In Current International Environmental And Maritime Law And The Need For Proactive International Cooperation In The Development Of Sustainable Energy Sources, Douglas John Steding

Washington International Law Journal

During the second half of 2003, Russia announced plans to build barges carrying two nuclear reactors capable of supplying electricity to a town of fifty thousand people. Rapidly developing countries seem particularly interested in this proposal, as these reactors can meet their growing power needs. In addition, these floating nuclear reactors provide an alternative to coal, oil and natural gas, all sources of energy that contribute to global warming. These reactors, however, pose a substantial risk to the environment, particularly in light of Russia's lax environmental policies, and the design of the barges themselves make them susceptible to a wide …

No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera

Washington International Law Journal

In 1985, Japan ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which requires the eradication of all legal, political, social and cultural structures that prevent women from enjoying full equality with men. Under CEDAW, Japan is legally obligated to strive for actual, not just formal, equality between men and women. CEDAW also requires States Parties to take positive action to achieve gender equality. Despite the Japanese government's apparent efforts to comply with CEDAW over the last two decades, gender equality remains a distant reality. On July 8, 2003, the Committee on the …

The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr

Washington International Law Journal

Marine Protected Areas ("MPAs") are increasingly recognized as a critical component of marine conservation. MPAs are areas of the marine ecosystem set aside for special protection and management in order to conserve biological or cultural resources. MPAs manage the use of marine resources by limiting or controlling activities within the area. Marine reserves, the most restrictive type of MPA, severely limit or forbid all extractive activities. Scientific research has demonstrated that MPAs, especially marine reserves, can have rapid and long-term benefits for biological diversity, lead to recovery of specific species, and may have a "spill over" effect that benefits adjacent …

Fairness And Welfare From A Comparative Law Perspective, Horacio Spector

Chicago-Kent Law Review

This Article discusses the relative value of law and economics and moral philosophy to explain private law in both common law and civil law jurisdictions. It argues that the recent philosophical paradigm, which revolves around the ideas of fairness and autonomy, is intellectually continuous with the School of Rationalist Natural Law. Though this School has been directly influential on the development of civilian private law, its ascendancy on common law cannot be documented. Paradoxically, recent philosophical explanations of private law bear on common law, while legal philosophers in civil law jurisdictions still follow Kelsen's research agenda, which focuses on the …

The Japanese Law Concerning The Special Measures On Humanitarian And Reconstruction Assistance In Iraq: Translator's Introduction, Mika Hayashi

Washington International Law Journal

The legal framework concerning Japan's physical contribution to international peace and security through the presence of its Self-Defense Forces abroad underwent ad hoc changes twice since the beginning of the Twenty-First Century. The first change was brought about by the September 11 terrorist attacks in 2001 and the second was the result of the war in Iraq in 2003. In both cases, Japan enacted laws that specifically enabled the Self-Defense Forces to operate abroad: the Anti-Terrorism Special Measures Law and the Law concerning the Special Measures on Humanitarian and Reconstruction Assistance in Iraq, respectively. The latter and most recent legislation, …