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Comparative and Foreign Law Commons™

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2006

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Articles 271 - 300 of 425

Full-Text Articles in Comparative and Foreign Law

Note: Legal Excisions: The Rights Of Foreigners In Japan, Timothy Webster Jan 2006

Note: Legal Excisions: The Rights Of Foreigners In Japan, Timothy Webster

Faculty Publications

This article examines various moments in the constitutional rights of foreigners in Japan. Beginning with the drafting of the Japanese Constitution, it shows how Japanese members of the drafting committee did not passively accept whatever their American counterparts “foisted” on them, but quite deliberately sculpted and limited the reach of the Constitution through word choice and selective translation. It then examines several lawsuits, from the 1970s to the 2000s, where foreigners have asserted various rights in Japanese courts. In the absence of constitutional rights, foreigners must rely on Japanese statutory law, guided by international law, to buttress their claims to …

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Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo Jan 2006

Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole Jan 2006

The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole

ILSA Journal of International & Comparative Law

This article deals with the "new" terrorism, responses to it by the Bush administration, the impact of those policies on domestic and global security, and concludes with some brief recommendations for alternative approaches to national and global security.

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

Select Foreign Exto Laws: By Country, 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 Emergence Of Public Prosecution In London, 1790-1850, Bruce P. Smith Jan 2006

The Emergence Of Public Prosecution In London, 1790-1850, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

Historians of English criminal justice administration have long asserted that criminal prosecution in England before the second half of the nineteenth century was overwhelmingly "private" in nature. Before the mid-nineteenth century, so the received wisdom goes, "prosecution was almost invariably the sole responsibility of the victim." As the subject's leading historian has observed, "the typical prosecution" in England in the eighteenth and early nineteenth century was "at the initiative of a private citizen who was the victim of a crime and who conducted the prosecution in almost all cases." Indeed, Parliament did not even establish a public prosecutor's office until …

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Looking Over A Crowd And Picking Your Friends: Civil Rights And The Debate Over The Influence Of Foreign And International Human Rights Law On The Interpretation Of The U.S. Constitution, Stanley A. Halpin Jan 2006

Looking Over A Crowd And Picking Your Friends: Civil Rights And The Debate Over The Influence Of Foreign And International Human Rights Law On The Interpretation Of The U.S. Constitution, Stanley A. Halpin

UC Law SF International Law Review

Since the 1940s Civil Rights advocates have attempted, with little success, to use International Human Rights law to protect the rights of African Americans in the United States. However, in recent terms, the United States Supreme Court has seemingly opened the door, at least a crack, to some limited recognition of international human rights norms as a legitimate influence upon their interpretation of the Constitution. This article examines the efforts of Civil Rights Advocates to utilize human rights law and develops from this history four models of enforcement of human rights law in the United States. It details the Court's …

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A Golden State Solution To The Israeli-Palestinian Water Conflict, Brandon Hollinder Jan 2006

A Golden State Solution To The Israeli-Palestinian Water Conflict, Brandon Hollinder

UC Law SF International Law Review

Israel and the Palestinian territories face a shortage of water resources that have created tensions at the center of the current political conflict between the two parties. Many of these resources are subject to dual control and authority as well as continuing degradation and overuse, all of which exacerbate the situation. This paper offers a solution to that problem: the adoption of a Water Board with authority over the combined region of Israel and the Palestinian territories. This Board would employ and enforce laws based upon current California Water Law with a few minor, yet critical, changes. This solution offers …

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Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio Jan 2006

Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio

UC Law SF International Law Review

Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.

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Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung Jan 2006

Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung

UC Law SF International Law Review

The entertainment industry initially treated the advent of peer-to-peer ("P2P") technologies as a death-knell for copyright protections and attempted to fix the perceived problem with solutions that were misguided, litigious, ineffective, and costly. By viewing P2P technology as a threat, the industry failed to capitalize on a new technology that might have provided limitless opportunity. Moreover, the recording industry's narrow-minded attempt to curtail illegal file sharing mirrored the U.S. government's attempt to enforce intellectual property protection in China. Both the entertainment industry and the United States failed to understand the economic, social, and cultural realities in the areas in which …

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The Ada's Application To Foreign-Flagged Cruise Ships: The Supreme Court's Precedent In Spector V. Norwegian Cruise Line Transcends The United States' Borders, Jaclyn Sheehan Jan 2006

The Ada's Application To Foreign-Flagged Cruise Ships: The Supreme Court's Precedent In Spector V. Norwegian Cruise Line Transcends The United States' Borders, Jaclyn Sheehan

ILSA Journal of International & Comparative Law

Last year 10.6 million people flipped through the brochures of cruise line vacations' while dreaming of navigating the Caribbean aboard a luxury cruise ship and enjoying the white sandy beaches of exotic islands.

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The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner Jan 2006

The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner

ILSA Journal of International & Comparative Law

As images of recent bombings in subways and buses in London on July 7, 2005 make their way across newspapers and news stations internationally, the international community relives the atrocious images of the attacks on New York's World Trade Center and is reminded that the threat of terrorism has not vanished

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The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam Jan 2006

The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam

ILSA Journal of International & Comparative Law

The complex and transboundary nature of current environmental problems has turned them into global issues that intricately link ecology, economics and politics.

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International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein Jan 2006

International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein

ILSA Journal of International & Comparative Law

Re-examining a basic assumption is always useful. This is so because many serious errors can flow from an assumption uncritically accepted.

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The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz Jan 2006

The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz

ILSA Journal of International & Comparative Law

On June 30, 2005, the Twentieth Session of the Hague Conference on Private International Law unanimously adopted a new Convention on Choice of Court Agreements.

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"War" In The American Legal System, Detlev F. Vagts Jan 2006

"War" In The American Legal System, Detlev F. Vagts

ILSA Journal of International & Comparative Law

My role in this symposium is to analyze the concept of "war" as it has evolved in the American legal system.

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On The Uneasy Relation Between International Law And Democracy, Carol C. Gould Jan 2006

On The Uneasy Relation Between International Law And Democracy, Carol C. Gould

ILSA Journal of International & Comparative Law

The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.

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Connecticut And International Law, Houston Putnam Lowry Jan 2006

Connecticut And International Law, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Most states within the United States do not consider international law in their legislative process.

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Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford Jan 2006

Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford

ILSA Journal of International & Comparative Law

Good morning. The question posed for this panel, about the relationship between weapons of mass destruction (hereinafter "WMD") related noncompliance findings and what you have tactfully described as exceptional actions by states acting together or acting unilaterally, is a provocative and important one.

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International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq. Jan 2006

International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.

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La Applicacion Del Ada A Naves De Crucero Bajo Bandera Extranjera: El Precedente Del Tribunal Supremo Estadounidense En Spector V. Norwegian Cruise Line Traspasa Las Fronteras De Los Estados Unidos, Jaclyn Sheehan Jan 2006

La Applicacion Del Ada A Naves De Crucero Bajo Bandera Extranjera: El Precedente Del Tribunal Supremo Estadounidense En Spector V. Norwegian Cruise Line Traspasa Las Fronteras De Los Estados Unidos, Jaclyn Sheehan

ILSA Journal of International & Comparative Law

El afio pasado 10.6 millones de personas hojearon los folletos de vacaciones de lineas de crucero' sofiando con navegar el caribe abordo de un crucero de lujo y disfrutar las playas de arena blanca en islas ex6ticas. Estos folletos de las lineas de crucero no s6lo tiran el anzuelo mostrando lugares ex6ticos, sino tambi6n una variedad de actividades ofrecidas a bordo de la nave.

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After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald Jan 2006

After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald

ILSA Journal of International & Comparative Law

The Hague Convention on Choice of Court Agreements (HCCCA), signed by member states of the Hague Conference on Private International Law in June 2005, is an important step in harmonizing national conflicts of law rules that sometime strain to manage the burgeoning traffic in transnational litigation generated by global commerce.

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El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam Jan 2006

El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam

ILSA Journal of International & Comparative Law

La complejidad de los problemas actuales medioambientales han crecido tanto que han traspasado fronteras y se han convertido en una mezcla intricada de ecologia, economia y politica.

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What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton Jan 2006

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.

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Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis Jan 2006

Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis

ILSA Journal of International & Comparative Law

The issue before our panel today is a subpart of a larger question: Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation?

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When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell Jan 2006

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

ILSA Journal of International & Comparative Law

The starting point of human rights law is the right of the individual, including the right not to be arbitrarily killed. The international law of armed conflict, which is very much older in its origins than human rights law, starts from totally different premises. The soldier has the right to kill another soldier

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The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust Jan 2006

The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust

ILSA Journal of International & Comparative Law

Customary international law is universal in its reach.

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Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss Jan 2006

Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss

ILSA Journal of International & Comparative Law

I'm Andrew Strauss and welcome to our panel: "Is International Law a Threat to Democracy?" We are lucky this afternoon to have with us a very esteemed and ideologically diverse panel.

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Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni Jan 2006

Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni

ILSA Journal of International & Comparative Law

Good morning and thank you for inviting me to participate in this conference. Today I would like to address a very important and novel topic in the Americas-the issue of hate speech.

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The Role Of International Arbitrators, Susan D. Franck Jan 2006

The Role Of International Arbitrators, Susan D. Franck

ILSA Journal of International & Comparative Law

With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.

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Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc Jan 2006

Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc

ILSA Journal of International & Comparative Law

Contemporary global security threats pose a serious challenge to the existing international legal regime on the use of force.

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