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Comparative and Foreign Law Commons™

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2006

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Articles 241 - 270 of 425

Full-Text Articles in Comparative and Foreign Law

Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman Jan 2006

Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman

ILSA Journal of International & Comparative Law

Ever since the New York Times published classified information in December 2005' about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct.

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Origins Of The Recent Wars Of Choice And Their Impact On U.S. Global Markets, Ismael Hossein-Zadeh Jan 2006

Origins Of The Recent Wars Of Choice And Their Impact On U.S. Global Markets, Ismael Hossein-Zadeh

ILSA Journal of International & Comparative Law

While they may have been immoral, external military operations of past empires often proved profitable and, therefore,justifiable on economic grounds.

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The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D. Jan 2006

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security

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The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung Jan 2006

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung

ILSA Journal of International & Comparative Law

The Republic of Acastus and the State of Rubria have agreed to submit the present controversy for final resolution by the International Court of Justice ("ICJ") by Special Agreement pursuant to Article 40, Paragraph 1 of the Statute of this Court

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Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad Jan 2006

Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad

ILSA Journal of International & Comparative Law

Rules relating to the use of force are among the traditional concerns of international law.

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The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt Jan 2006

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt

ILSA Journal of International & Comparative Law

The differences between the Republic of Acastus and the State of Rubria concerning the Elysian Fields have been brought before the International Court of Justice in accordance with Article 40(1) of its statute by notification of the Compromis for Submission to the International Court of Justice of the Differences between the Republic of Acastus (Applicant) and the State of Rubria (Respondent) Concerning the Elysian Fields.

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Diminishing Borders In Trade And Terrorism: An Examination Of Regional Apllicability Of Gatt Article Xxi National Security Trade Sanctions, Eric J. Lobsinger Jan 2006

Diminishing Borders In Trade And Terrorism: An Examination Of Regional Apllicability Of Gatt Article Xxi National Security Trade Sanctions, Eric J. Lobsinger

ILSA Journal of International & Comparative Law

The concept of "war" has undergone extensive usage in U.S. foreign policy since the terrorist attacks of September 11,2001.

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Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2006

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.

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Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint Jan 2006

Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint

Faculty Scholarship

This article, which was a contribution to a Symposium on the office of the Chief Justice of the United States, compares that office with the office of President of the Federal Constitutional Court of Germany. The article concludes that, while the American Chief Justice possesses more authority in most formal respects, the President of the German Court has on occasion exercised an informal public or private influence that goes well beyond anything of the sort that has been attempted (recently at least) by the American Chief Justice.

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"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? - Judicial Review In The United States And Germany, Peter E. Quint Jan 2006

"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? - Judicial Review In The United States And Germany, Peter E. Quint

Faculty Scholarship

No abstract provided.

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Parallel Trade, Unparallel Laws: An Examination Of The Pharmaceutical Parallel Trade Laws Of The United States, The European Union And The World Trade Organization, Julia A. Moore Jan 2006

Parallel Trade, Unparallel Laws: An Examination Of The Pharmaceutical Parallel Trade Laws Of The United States, The European Union And The World Trade Organization, Julia A. Moore

Richmond Journal of Global Law & Business

No abstract provided.

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Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn Jan 2006

Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn

Richmond Journal of Global Law & Business

No abstract provided.

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Introduction To The Italian Legal System. The Allocation Of Normative Powers: Issues In Law Finding, Marinella Baschiera Jan 2006

Introduction To The Italian Legal System. The Allocation Of Normative Powers: Issues In Law Finding, Marinella Baschiera

International Journal of Legal Information

No abstract provided.

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The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser Jan 2006

The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall Jan 2006

Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow Jan 2006

Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative law perspectives that help students understand domestic property law concepts, in areas including adverse possession, the right to exclude, estates in land, future interests, marital property, the landlord-tenant relationship, eviction of tenants, low-income housing, land sales transactions, title assurance, nuisance, and land use. It also introduces students to areas of international law that are beginning to affect domestic property law, including the human right to property, international regulatory takings, and global land sales transactions.

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Select Foreign Exto Laws: By Topic, Workplace Flexibility 2010, Georgetown University Law Center Jan 2006

Select Foreign Exto Laws: By Topic, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace Jan 2006

Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han Jan 2006

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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A Collective Rights Society For The Digital Age, John Maloney Jan 2006

A Collective Rights Society For The Digital Age, John Maloney

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Summary Comparison Of Select Foreign Exto Laws, Workplace Flexibility 2010, Georgetown University Law Center Jan 2006

Summary Comparison Of Select Foreign Exto Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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The Western Response To 9/11, Philip Towle Jan 2006

The Western Response To 9/11, Philip Towle

ILSA Journal of International & Comparative Law

It was politically and strategically unwise for the Bush administration to use the term "war on terror" after 9/11.

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Law And Culture In China And Japan: A Framework For Analysis, John O. Haley Jan 2006

Law And Culture In China And Japan: A Framework For Analysis, John O. Haley

Michigan Journal of International Law

This Comment is divided into two parts. The first sets forth a series of definitional propositions intended for a more general analysis of the interrelationships of law and culture. The second comprises an introduction to the evolution of legal institutions that enables us to understand better the reception and development of Western legal institutions in East Asia and provides context for the four articles and their individual and collective insights.

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Beyond Good Intentions: Can Hybrid Tribunals Work After Unilateral Intervention, John Dermody Jan 2006

Beyond Good Intentions: Can Hybrid Tribunals Work After Unilateral Intervention, John Dermody

UC Law SF International Law Review

The use of a hybrid tribunal - a tribunal comprised of both international and domestic elements - was advocated in the wake of the Iraq war and the capture of Saddam Hussein. The hybrid model is considered to offer significant advantages over purely international and purely domestic tribunals. Although hybrid tribunals have been used in Kosovo, East Timor, and Sierra Leone, the hybrid model has yet to be implemented after unilateral intervention. This note examines whether the hybrid model is feasible and whether the advantages of the hybrid model can be maintained in the wake of unilateral intervention.

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The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman Jan 2006

The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman

Michigan Journal of International Law

This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than material …

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What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli Jan 2006

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The U.S. Constitution And International Law: Finding The Balance, Christopher Linde Jan 2006

The U.S. Constitution And International Law: Finding The Balance, Christopher Linde

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon Jan 2006

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson Jan 2006

The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Recent Developments, John Merritt Lockwood Jan 2006

Recent Developments, John Merritt Lockwood

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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