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2006

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Articles 331 - 360 of 425

Full-Text Articles in Comparative and Foreign Law

Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins Jan 2006

Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence of monopoly legislative agenda control by government parties in the Bundestag. First, the government parties have near-zero roll rates, while the opposition parties are often rolled over half the time. Second, only opposition parties’ (and not government parties’) roll rates increase with the distances of each party from the floor median. Third, almost all policy moves are towards the government coalition (the only exceptions occur during periods of divided government). Fourth, roll rates for government parties sky- rocket when they fall into the opposition and roll rates for opposition parties plummet when they enter government, while …

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Compelled Self-Reporting And The Principle Against Compelled Self-Incrimination: Some Comparative Perspectives, Mark Berger Jan 2006

Compelled Self-Reporting And The Principle Against Compelled Self-Incrimination: Some Comparative Perspectives, Mark Berger

Faculty Works

This article examines the tension between mandatory self-reporting and identification statutes and the right to be free of compelled self-incrimination. The author reviews decisions addressing this issue taken by the European Court of Human Rights ('ECtHR'), the Privy Council, and the Supreme Courts of Canada and the United States. He then analyses applicable public policies and assesses the alternative approaches available to accommodate these conflicting interests.

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The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott Jan 2006

The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott

Book Chapters

Prof. Scott focuses on the study of the role of former slaves in the Cuban War of Independence, in light of the avoidance of the theme of race within this war in Cuban historiography. She discusses reasons for the silence on race issues, and for the historic construction of the "myth" of racial equality in this era.

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Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster Jan 2006

Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster

Faculty Publications

This Note argues that the recent wave of litigation brought by former Chinese slave laborers, while important in its own right, highlights the need for a more comprehensive solution. Although ideally the Japanese Diet will devise its own response to the problem of compensation, the experiences arising from the Holocaust litigation in the United States provide a meaningful yardstick for comparison. In the United States, a large-scale settlement scheme followed, and finalized, numerous lawsuits brought by former forced and slave laborers from World War II Europe. The American response, though based on different circumstances, led to a multibillion-dollar fund that …

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Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, 16 Duke J. Comp. & Int'l L. 249 (2006), Samuel Vincent Jones Jan 2006

Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, 16 Duke J. Comp. & Int'l L. 249 (2006), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Land Conflict Management Under A Tree Cropping System: The Case Of Theobroma Cacao In Southwestern Nigeria, E. O. Idowu Jan 2006

Land Conflict Management Under A Tree Cropping System: The Case Of Theobroma Cacao In Southwestern Nigeria, E. O. Idowu

Cardozo Journal of Conflict Resolution

General observation and systematic research have consistently indicated that a sizeable portion of farmlands within the cacao growing communities of southwestern Nigeria is tenant-operated. This article will focus primarily on a specific study area within Southwestern Nigeria. Within the study area, the cultivation of cacao, mainly for export, is of primary importance to the farmers. Economic and social activities revolve around the crop with annual festivals and ceremonies held during the periods immediately after the annual sale of the crop. Until 1985, the study area produced about 40% of total Theobroma cacao (cacao) output for southwestern Nigeria. This share has …

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Continuity, Change And Innovation In Emerging Consumer Bankruptcy Systems: Belgium And Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), Jason Kilborn Jan 2006

Continuity, Change And Innovation In Emerging Consumer Bankruptcy Systems: Belgium And Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The Hidden Life Of Consumer Bankruptcy Reform: Danger Signs For The New U.S. Law From Unexpected Parallels In The Netherlands, 39 Vand. J. Transnat'l L. 77 (2006), Jason Kilborn Jan 2006

The Hidden Life Of Consumer Bankruptcy Reform: Danger Signs For The New U.S. Law From Unexpected Parallels In The Netherlands, 39 Vand. J. Transnat'l L. 77 (2006), Jason Kilborn

UIC Law Open Access Faculty Scholarship

This Article offers a unique perspective on the heavily revised U.S. consumer bankruptcy law, which went effect on October 17, 2005, in light of a surprising discovery: It turns out that the U.S. consumer bankruptcy system as "reformed" resembles in many critical respects the consumer bankruptcy system in place for the past six years in the Netherlands. As a result of this serendipitous U.S.-Dutch convergence, years of experience under the Dutch consumer debt relief system can provide a rare glimpse into the future of the new U.S. system. The Dutch law in practice has diverged in significant ways from legislative …

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Meditations On Carl Schmitt, Mark Tushnet Jan 2006

Meditations On Carl Schmitt, Mark Tushnet

Georgia Law Review

A spectre is haunting Professor Levinson - the spectre of Carl Schmitt. The German--or should it be Nazi? - constitutional theorist flits in and out of Professor Levinson's discussion. Professor Levinson has done yeoman work in bringing Schmitt's perspective to the attention of constitutional theorists. My comments offer my own reaction to what I take to be Schmitt's points, and in doing so may confirm Professor Levinson's assessment of Schmitt's importance today. I start with the sentence Professor Levinson quotes: "Sovereign is he who decides on the exception. Professor Levinson focuses on the first part of the sentence, because, in …

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South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft Jan 2006

South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft

Law Faculty Scholarly Articles

In September 2004, the ruling party in South Korea, along with two opposition parties, called for the abolishment of the 1948 anti-communist National Security Law. The following month, Amnesty International, a long-time critic of the law, officially called for the law's repeal. The law had been enacted in 1948 in response to threats from communist North Korea, but has long been used by the government to silence legitimate opposition in South Korea. This Comment will examine South Korea's National Security Law as viewed by its domestic supporters and critics, as well as by the international community. Part I will consider …

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The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown Jan 2006

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown

Articles

The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic legal reasoning, but it gives insight into the Court's views with respect to civil and political rights. The case also …

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Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S. I. Strong Jan 2006

Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S. I. Strong

Faculty Publications

Britain's Lord Denning once said that “as a moth is drawn to the light, so is a litigant drawn to the United States.” Certainly, as a pro-arbitration state and a signatory to various international conventions concerning the enforcement of foreign arbitral awards, the United States seems a natural place to bring an action to enforce an arbitral award against a foreign state or state agency. However, suing a sovereign has not traditionally been a simple task in the United States or elsewhere. Most nations grant foreign states the presumption of immunity, thus denying that their domestic courts have jurisdiction to …

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What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead Jan 2006

What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead

Michigan Journal of International Law

This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.

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What Have We Learned About Law And Development? Describing, Predicting, And Assessing Legal Reforms In China, Randall Peerenboom Jan 2006

What Have We Learned About Law And Development? Describing, Predicting, And Assessing Legal Reforms In China, Randall Peerenboom

Michigan Journal of International Law

This Article applies existing conceptual tools for describing, predicting, and assessing legal reforms to the efforts to establish rule of law in China, in the process shedding light on the various pathways and methodologies of reform so as to facilitate assessment of competing reform strategies. While drawing on China for concrete examples, the discussion involves issues that are generally applicable to comparative law and the new law and development movement, and thus it addresses

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How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa Jan 2006

How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa

Michigan Journal of International Law

We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.

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The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson Jan 2006

The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson

Michigan Journal of International Law

Review of Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules by Curtis Milhaupt & Mark West

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The Law And The Non-Law, Katharina Pistor Jan 2006

The Law And The Non-Law, Katharina Pistor

Michigan Journal of International Law

This brief Comment reflects on the construction of the "non-law" as analytical categories in the four contributions. It suggests that the struggle with "non-law" reflects a deeper confusion about the role of law in ordering social relations broadly defined.

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Two Paradigms Of Jurisdiction, Ralf Michaels Jan 2006

Two Paradigms Of Jurisdiction, Ralf Michaels

Michigan Journal of International Law

Globalization causes convergence of legal orders. Or so it is argued. Law and economics scholars predict that legal orders will move towards the same efficient end state. They argue that the requirements of globalization will pressure legal orders to converge on the level of economic efficiency, because regulatory competition between legal orders makes it impossible for individual legal systems to maintain suboptimal solutions. Many comparative lawyers predict a similar convergence. In particular traditional functionalist comparatists have long held that unification of law was both desirable and unavoidable. Their basic argument is based on functional equivalence and can be summarized as …

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Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue Jan 2006

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

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Global Markets And The Evolution Of Law In China And Japan, Takao Tanase Jan 2006

Global Markets And The Evolution Of Law In China And Japan, Takao Tanase

Michigan Journal of International Law

The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …

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Intellectual Property Rights In The Internet Era: The New Frontier, 5 J. Marshall Rev. Intell. Prop. L. 589 (2006), Lulin Gao Jan 2006

Intellectual Property Rights In The Internet Era: The New Frontier, 5 J. Marshall Rev. Intell. Prop. L. 589 (2006), Lulin Gao

UIC Review of Intellectual Property Law

With the rapid development of information and Internet technologies, how to protect intellectual property (IP) rights in the Internet era became a new frontier for IP practitioners and scholars internationally. This article highlights some important IP protection issues related to copyright, patent, trademark, and domain names, as well as the impact of technological advances on IP protection in the Internet era. The author believes that in order to solve these new emerging issues, the most important principle is keeping the balance between different sides with stakes in the IP right. Finally, international cooperation must be enhanced with more technical assistance …

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Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long Jan 2006

Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long

UIC Review of Intellectual Property Law

What are the challenges facing the protection of traditional knowledge internationally? Can the protection of such rights, which have traditionally existed outside the boundaries of intellectual property, be achieved in the face of current challenges to protections epitomized by such emerging international movements as enhanced access to information and culture as a human right? This article examines some of the emerging issues in this hotly contested area and suggests that such movements, which are not adverse to intellectual property and traditional knowledge rights, should be used to craft a new method for addressing the issue of traditional knowledge protection internationally.

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The Wipo "Internet Treaties" The United States As The Driver: The United States As The Main Source Of Obstruction — As Seen By An Anti-Revolutionary Central European, 6 J. Marshall Rev. Intell. Prop. L. 17 (2006), Mihály Ficsor Jan 2006

The Wipo "Internet Treaties" The United States As The Driver: The United States As The Main Source Of Obstruction — As Seen By An Anti-Revolutionary Central European, 6 J. Marshall Rev. Intell. Prop. L. 17 (2006), Mihály Ficsor

UIC Review of Intellectual Property Law

The copyright policy of the United States developed from initial isolationism, through the 1891 Chase Act, various bilateral and inter-American agreements and the establishment of the Universal Copyright Convention, to active participation in the international copyright cooperation. This development was completed by the United States’ accession to the Berne Convention in 1988. Since then, the United States has played a leading role in this field, which was manifested both during the negotiations of the 1994 TRIPS Agreement and the preparatory work of the two 1996 WIPO “Internet Treaties”, the WCT and the WPPT. These WIPO Treaties, the preparation and adoption …

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Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman Jan 2006

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Scholarly Works

No abstract provided.

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The Continuing Role Of State Policy, Jeffrey A. Hart Jan 2006

The Continuing Role Of State Policy, Jeffrey A. Hart

Federal Communications Law Journal

A review of Hernan Galperin's New Television, Old Politics: The Transition to Digital TV in the United States and Britain, Cambridge University Press, 2004. Based on comparative case studies in Britain and the United States, this book analyzes the transition to digital television in both countries, considers governmental regulatory strategies, and focuses on the impact of various factors, including political influence and market and technological changes.

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Lawless World - The Bush Administration And Iraq: Issues Of International Legality And Criminality, Philippe Sands Jan 2006

Lawless World - The Bush Administration And Iraq: Issues Of International Legality And Criminality, Philippe Sands

UC Law SF International Law Review

Sixty years ago, the United States and Great Britain spearheaded efforts to create a new world order based on international rules. Today these same two nations are leading the charge to abandon many of the global safeguards they once fought to establish. The Bush Administration has decided to turn its back on international agreements governing basic human rights, war, torture, and the environment. In this transcript from the Schlesinger Lecture held in November 2005, Professor Sands discusses how international rules are arbitrarily applied as human rights prove to be inconvenient in the face of globalizing economic forces.

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The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders Jan 2006

The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders

Indiana Journal of Global Legal Studies

This article examines the extent and nature of the use of foreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety of purposes, the article reaches two broad conclusions: (1) as a generalization, other common law countries do not share the concern about the legitimacy of comparative precedents that manifests itself in the United States, and (2) as a consequence, other common law countries necessarily share with the United States an interest in …

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Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza Jan 2006

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Articles & Chapters

This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching …

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Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun Jan 2006

Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun

Articles by Maurer Faculty

In this Essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the United States. In particular, we focus on three European countries-the United Kingdom, Germany, and France. We argue that differences in culture, the legal system, and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt more communitarian …

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Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin Jan 2006

Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin

Law Faculty Research Publications

No abstract provided.

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