Comparative and Foreign Law Commons^™

Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman

ILSA Journal of International & Comparative Law

More than two million American citizens work in civilian jobs outside of the United States.

Revisiting The Challenginf Landscape Of Self-Determination Within The Context Of Nation's Right To Sovereignty, Dr. Saby Ghoshray

ILSA Journal of International & Comparative Law

Academic perspectives on the issue of Self-Determination are in abundance as the International Standards with respect to the Rights of People and their Rights to Self-Determination have taken huge steps in the last two decades.

What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Applying The Rule Of Law In The War On Terror: An Examination Of Guantanamo Bay Through The Lens Of The U.S. Constitution And The Geneva Conventions, John R. Pariseault

UC Law SF International Law Review

No abstract provided.

The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow

Faculty Publications

Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.

To Reconcile, Or To Be Reconciled?: Agency, Accountability, And Law In Middle Eastern Conflicts, Laurie King-Irani

UC Law SF International Law Review

No abstract provided.

Richard Lillich Memorial Lecture: Promoting The Accountability Of Members Of The New Un Human Rights Council, Philip Alston

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Workers' Rights In The Mexican Maquiladora Sector: Collective Bargaining, Women's Rights, And General Human Rights: Law, Norms, And Practice, Joshua M. Kagan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Honor Killings And The Asylum Gender Gap, Valerie Plant

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The United Nations Compensation Commission For Claims Arising Out Of The 1991 Gulf War: The "Arising Prior To" Decision, David D. Caron

Florida State University Journal of Transnational Law & Policy

No abstract provided.

E-Commerce And The Taxation Doctrine Of Permanent Establishment In The United States And China, Susan K. Duke

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Far Do The Lawless Areas Of Europe Extend? Extraterritorial Application Of The European Convention On Human Rights, Tarik Abdel-Monem

Florida State University Journal of Transnational Law & Policy

No abstract provided.

European Asylum Law: Race-To-The-Bottom Harmonization?, James D. Fry

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann

UIC John Marshall Journal of Information Technology & Privacy Law

The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …

Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez

Faculty Publications

No abstract provided.

A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay addresses the conditions under which reactive and pre-emptive military intervention are ethical, and whether adjustments can and should be made in international law and institutions to establish the parameters of their legality and to ensure that they are authorized by legitimate authority.

Comparative Analysis Of Litigation Systems: An Auction‐Theoretic Approach, Michael R. Baye, Dan Kovenock, Casper G. De Vries

Economics Faculty Articles and Research

A simple auction-theoretic framework is used to examine symmetric litigation environments where the legal ownership of a disputed asset is unknown to the court. The court observes only the quality of the case presented by each party, and awards the asset to the party presenting the best case. Rational litigants influence the quality of their cases by hiring skilful attorneys. This framework permits us to compare the equilibrium legal expenditures that arise under a continuum of legal systems. The British rule, Continental rule, American rule, and some recently proposed legal reforms are special cases of our model.

Geographical Indicators: A Unique European Perspective On Intellectual Property, Eva Gutierrez

UC Law SF International Law Review

In a recent case before the World Trade Organization, the European Union advocated robust protection for geographical indicators, much to the opposition of the United States and Australia. Although the United States criticizes the European perspective of geographical indicators, the author concludes the robust GI protection the EU provides to its Member States is both a valid and ingenious way of utilizing intellectual property for national economic and social growth.

The Presumption Of Guilt And The English Law Of Theft, 1750-1850, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

"When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread ... runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference - one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused." (Glanville Williams, The Proof of Guilt: A Study of the English Criminal Trial (1955))

No principle in Anglo-American criminal law is more …

Did The Presumption Of Innocence Exist In Summary Proceedings, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

Having long admired Norma Landau's pioneering work on the seventeenth- and eighteenth-century English magistracy, I am grateful to her for bringing her considerable expertise to bear on my article. Characteristically, Landau's criticism is extremely forceful. Unfortunately, the intriguing questions that Landau raises in her comment are obscured by a host of criticisms based on a misunderstanding of the claims that I advance. Landau attributes arguments to me that I do not make and ignores important ones that I do. In the process, she fails to engage with my central thesis: In summary proceedings that required suspects to “account” for materials …

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Opening The Pandora's Box Of Space Law, Paul Tobias

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies: Implementing International Law In Israel/Palestine Conflict: Introduction, George E. Bisharat

UC Law SF International Law Review

No abstract provided.

International Law And The Peace Process, Richard Falk

UC Law SF International Law Review

No abstract provided.

International Law And Rights-Based Remedies In The Israel/Palestine Conflict: Settlements, Asli U. Bali

UC Law SF International Law Review

No abstract provided.

International Law And The Palestine Refugees, John Quigley

UC Law SF International Law Review

No abstract provided.

The Mirage Of Rights - Response, Elazar Barkan

UC Law SF International Law Review

No abstract provided.

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver

UC Law SF International Law Review

No abstract provided.

Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr

UC Law SF International Law Review

No abstract provided.