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Comparative and Foreign Law Commons™

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2007

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Articles 151 - 180 of 294

Full-Text Articles in Comparative and Foreign Law

Nao Valel A Pena (Not Worth The Trouble?) Afro-Brazilian Workers And Brazilian Anti-Discrimination Law, Benjamin Hensler Jan 2007

Nao Valel A Pena (Not Worth The Trouble?) Afro-Brazilian Workers And Brazilian Anti-Discrimination Law, Benjamin Hensler

UC Law SF International Law Review

In this paper Benjamin Hensler examines the paradoxical underdevelopment of Brazilian antidiscrimination law and its impact on the country's Afro-Brazilian population - a group that includes more than 40% of Brazil's citizens, and the vast majority of its poor. The author considers why, despite the presence of both widespread racial discrimination in the country's private labor market and explicit prohibitions on employment discrimination in its constitution, there has been - until quite recently - a glaring absence of successful legal challenges to racial discrimination by Afro-Brazilian workers. His paper discusses the interwoven relationships among three key factors that have inhibited …

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Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci Jan 2007

Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci

UC Law SF International Law Review

This article discusses recently enacted changes to U.S. immigration law allowing for deportation of violators of international human rights norms. By (1) examining Canada's implementation of similar immigration-based accountability measures for human rights violators; (2) analyzing three cases of alleged human rights violators who left their countries of origin; and (3) discussing deportation. of human rights violators in light of traditional theories of criminal punishment, this paper concludes that deportation alone is an inadequate means of achieving accountability. The article concludes with a series of guidelines for determining whether deportation should be used as part of a greater scheme to …

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Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos Jan 2007

Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos

Richmond Journal of Global Law & Business

No abstract provided.

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Global Issues In Criminal Law, Linda Carter, Christopher L. Blakesley, Peter J. Henning Jan 2007

Global Issues In Criminal Law, Linda Carter, Christopher L. Blakesley, Peter J. Henning

McGeorge School of Law Teaching Materials

This book provides an introduction to issues arising in international and transnational crimes, giving students a broader perspective on a developing area of the law. Faculty and students have access to material from domestic and international sources. The book builds on a number of subjects treated in the traditional criminal law class, such as mens rea, actus reus, accomplice and conspiratorial liability, and defenses, by analyzing three subjects of current interest: transnational crimes, terrorism, and genocide.

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Global Issues In Employment Discrimination Law, Brian K. Landsberg, Samuel Estreicher Jan 2007

Global Issues In Employment Discrimination Law, Brian K. Landsberg, Samuel Estreicher

McGeorge School of Law Teaching Materials

This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Topics include what employers are covered, including extraterritorial application; protected classes in Europe, Asia, South Africa and Mexico; types of unlawful discrimination; and remedies and enforcement mechanisms. The primary material is enhanced by brief notes and questions. The book can supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.

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From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer Jan 2007

From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer

UC Law SF International Law Review

Elite athletes have a long history of using various doping methods to enhance performance, from ingesting cocaine to injecting growth hormones. The World Anti-Doping Agency has taken a number of steps to rid sports of doping to level the playing field for all athletes. A new frontier in doping, however, is beginning to emerge in the form of genetic doping, whereby athletes may alter their genetic makeup to improve performance and speed recovery from injuries. This note discusses various legal implications and concerns of the rising threat of genetic doping to international sports.

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You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole Jan 2007

You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole

UC Law SF International Law Review

The Recovered Factory Movement in Argentina - in which workers assume control and ownership of factories abandoned by their owners - has piqued the interest of social activists worldwide. However, despite a noticeable buzz within leftist circles, the movement has received little more than a cursory examination from its enthusiasts. This note attempts to nudge the discourse in a substantive direction by explaining the pertinent law, discussing the changes sought by the movement, and analyzing the accompanying policy issues. In so doing, this note is meant to serve as a starting point to encourage more exhaustive treatment of the relevant …

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End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode Jan 2007

End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode

UC Law SF International Law Review

The attention that the Schiavo case has brought to end-of-life decisionmaking presents an opportunity to re-examine current laws addressing treatment for incompetent patients. In the United States, the right to self-determination is the primary value in making treatment decisions for incompetent patients. Alternatively the United Kingdom and Australia recognize a more objective "best interest" approach, and Japan places primary importance on the role of families in end-of-life decisionmaking. This note describes these different approaches to making treatment decisions for patients in persistent vegetative states and explores how the "best interest" and family-centered approaches can inform and improve healthcare law in …

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The Republic Of Adaria V. The Republic Of Bobbia, Kingdom Of Cazalia, Commonwealth Of Dingoth, State Of Ephraim, And Kingdom Of Finbar, Luke Mclaurin, Rachel Olander, Marquerite Roy, Ashley Walker, Liang Wei Wong Jan 2007

The Republic Of Adaria V. The Republic Of Bobbia, Kingdom Of Cazalia, Commonwealth Of Dingoth, State Of Ephraim, And Kingdom Of Finbar, Luke Mclaurin, Rachel Olander, Marquerite Roy, Ashley Walker, Liang Wei Wong

ILSA Journal of International & Comparative Law

The Republic of Adaria, the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim, and the Kingdom of Finbar submit the present dispute to this Court by Special Agreement, dated September 1,2006, pursuant to article 40(1) of the Court's Statute.

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Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers Jan 2007

Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers

UIC John Marshall Journal of Information Technology & Privacy Law

Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …

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The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey Jan 2007

The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey

UC Law SF International Law Review

Each year, hundreds innocent children are abducted from their homes and taken to foreign countries - victims of international parental abduction. In 1980, the U.N. developed The Hague Convention on Civil Aspects of International Childhood Abduction in order to protect children from wrongful international abduction, and to ensure that abducted children are safely returned to their homes. Although scholars laud the Convention as being generally effective, perverse results sometimes arise in the U.S., where courts are struggling to interpret the Convention's provisions so that they do not harm victims of domestic violence. This note suggests a novel way to improve …

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Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow Jan 2007

Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow

Faculty Publications

In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …

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Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman Jan 2007

Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will Jan 2007

A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead Jan 2007

The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett Jan 2007

China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee Jan 2007

Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Human Rights For Transnational Corporations, Lucien J. Dhooge Jan 2007

Human Rights For Transnational Corporations, Lucien J. Dhooge

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Public Purpose, Private Losses: Regulatory Expropriation And Environmental Regulation In International Investment Law, Justin R. Marlles Jan 2007

Public Purpose, Private Losses: Regulatory Expropriation And Environmental Regulation In International Investment Law, Justin R. Marlles

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Denuclearization Of The Korean Peninsula: Recent Agreements And Lessons From The Past, Jared M. Lee Jan 2007

Denuclearization Of The Korean Peninsula: Recent Agreements And Lessons From The Past, Jared M. Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman Jan 2007

United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Bilateral Regionalism: Paradoxes Of East Asian Integration, Timothy Webster Jan 2007

Bilateral Regionalism: Paradoxes Of East Asian Integration, Timothy Webster

Faculty Publications

Like many other countries, China and Japan have recently signed a spate of Free Trade Agreements with countries in the Asia Pacific. This paper analyzes both countries’ styles of integration. While China favors multidisciplinary engagement (politics, security, economics), Japan is mainly interested in deepening economic integration with the countries in which it has already established transnational production lines. After analyzing individual FTAs signed by China and Japan, the paper ends by predicting that China’s multifaceted approach will promote greater integration in the Asia Pacific, and a more robust profile for China in regional affairs.

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All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez Jan 2007

All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez

Faculty Publications

No abstract provided.

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Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke Jan 2007

Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke

ILSA Journal of International & Comparative Law

In waging the "war on terror," the United States (U.S.) has detained numerous individuals for many years and claims the right to detain them for their whole lives on the ground that they are dangerous.

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A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh Jan 2007

A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh

UC Law SF International Law Review

Even conservative forecasts of climate change predict dramatic effects to environments, economies, and people around the world. Though the causal link between climate change and human rights is not as readily apparent as with other environmental issues, climate change impacts public health, food security, infrastructures, and natural resources. For the Inuit living in the rapidly melting Arctic, and citizens of small island developing states facing sea level rise, climate change has become a matter of human rights. This note explores the effect of climate change on human rights, such as the right to life and the right to health, as …

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The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan Jan 2007

The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan

UC Law SF International Law Review

U.N. peacekeeping operations have traditionally been expected to adhere to three key principles: they must operate with the consent of the host state, they must act impartially and they must limit their use of force to self-defense. This article focuses on the final characteristic, the self-defense principle, and chronicles the attitude of the U.N. towards its observance. As the article will show, there have been three main periods where the self-defense principle has been ignored: with ONUC operation in the Congo in the early 1960s, with several missions in the early 1990s and, finally, with the current period, beginning in …

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The International Legal Responsibility To Protect Against Genocide, War Crimes And Crimes Against Humanity: Why National Sovereignty Does Not Preclude Its Exercise, David Aronofsky Jan 2007

The International Legal Responsibility To Protect Against Genocide, War Crimes And Crimes Against Humanity: Why National Sovereignty Does Not Preclude Its Exercise, David Aronofsky

ILSA Journal of International & Comparative Law

Good morning everyone. I am pleased to be here as part of this exciting International Law Weekend to participate with my good friend and Rocky Mountains colleague, Professor Nanda, along with Professor Wojcik, to discuss this important topic of The Responsibility to Protect Victims of Genocide, War Crimes and Crimes Against Humanity.

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Should The Relationship Of Wto Obligations To U.S. Law Be Reinvented?, John R. Magnus Jan 2007

Should The Relationship Of Wto Obligations To U.S. Law Be Reinvented?, John R. Magnus

ILSA Journal of International & Comparative Law

The blurb in your program brochure asks, "Should the U.S. adopt a new procedure for implementing adverse World Trade Organization (WTO) decisions, possibly including an active role for U.S. courts?"

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Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman Jan 2007

Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Even though reference to the modem framework of ocean governance begins with the 1982 United Nations Convention on the Law of the Sea (UNCLOS),' it certainly does not end there.

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Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein Jan 2007

Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein

ILSA Journal of International & Comparative Law

America has struggled through over a half a century of frustration trying to create a viable framework for the establishment, modification, and enforcement of child support obligations.

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