Comparative and Foreign Law Commons^™

Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek

University of Miami International and Comparative Law Review

A unique tension exists between the World Trade Organization's various desires to level the international commercial trading field, and the United States' periodic desires to prioritize its own domestic goods and, in some cases, protect its own corporate citizens. This article will explore various historical rifts and what the future is likely to hold in light of Congress' passage of the American Jobs Creation Act of 2004.

International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu

Faculty Scholarship

Extract:

In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret Catalogue, …

Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner

All Faculty Scholarship

The rule of law is at the heart of globalization. It promises both international and domestic routes to peace, security, democracy, human rights and sustainable development worldwide. A central tenet of the rule of law is legal certainty. For most modern jurists, it is a matter of course that legal certainty is a systemic goal, even if that goal is not always fully realized. But for American jurists who count themselves legal realists, legal certainty is not even a flawed goal; it is a childish myth. This address seeks to raise awareness of this fundamental difference and to show its …

Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh

Faculty Scholarship

Even after the departure of two of its most prominent advocates - Chief Justice William Rehnquist and Justice Sandra Day O'Connor - the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward advance. If recent court decisions and congressional legislation are any indication, in fact, it may have reached a new beachhead in the realm of foreign affairs and international law. The emerging federalism in foreign affairs and international law is of a distinct form, however, with distinct implications for the relationship of sub-national, national, and international institutions and interests.

This article - prepared for …

Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Erica Gorga

Cornell Law Faculty Working Papers

This paper analyzes micro-level dynamics of changes in ownership structures. It investigates a unique event: changes in ownership patterns currently taking place in Brazil. It builds upon empirical evidence to advance theoretical understanding of how and why concentrated ownership structures can change towards dispersed ownership.

Commentators argue that the Brazilian capital markets are finally taking off. The number of listed companies and IPOs in the Sao Paulo Stock Exchange (Bovespa) has greatly increased. Firms are migrating to Bovespa’s special listing segments, which require higher standards of corporate governance. Companies have sold control in the market, and the stock market has …

The Academic Doctorate In Law: A Vehicle For Legal Transplants?, Gail J. Hupper

Journal of Legal Education

No abstract provided.

From The Editors, Mark Tushnet, Carrie Menkel Meadow

Journal of Legal Education

No abstract provided.

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …

Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland

Buffalo Human Rights Law Review

No abstract provided.

Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema

Buffalo Human Rights Law Review

No abstract provided.

Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello

Penn State International Law Review (1982 - 2011)

No abstract provided.

How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt

BYU Law Review

No abstract provided.

Grappling With Religious Differences In South Africa: A Draft For A Charter Of Religious Rights, Pieter Coertzen

BYU Law Review

No abstract provided.

Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi

BYU Law Review

No abstract provided.

Religious Freedom In Kosovo: Prenatal Care To A New Nation, Kyle Woods

BYU Law Review

No abstract provided.

Ministers Of Religion In Chilean Law, M. Elena Pimstein

BYU Law Review

No abstract provided.

Religious Symbols In The Classroom: A Controversial Issue In The United Kingdom, Javier Garcia Oliva

BYU Law Review

No abstract provided.

Tales Of Two Regimes For Regulating Limited Liability Law Firms In The Us And Australia: Client Protection And Risk Management Lessons, Susan Saab Fortney

Faculty Scholarship

This essay contrasts the regimes that allow limited liability partnerships in the US and fully incorporated legal practices in Australia. The essay argues that Australia has taken advantage of an opportunity to develop innovative and necessary regulation of law firm ethical infrastructure with the introduction of incorporated legal practices, but the United States has not yet adequately addressed the consumer and ethical risks of limited liability partnerships. This essay raises the issue of whether Australia’s requirement that incorporated law firms should implement “appropriate management systems” to ensure ethical conduct is a model that could fruitfully be applied to all law …

The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David Fidler

Articles by Maurer Faculty

No abstract provided.

Zappers And Phantomware: Are State Tax Administrators Listening Now?, Richard Thompson Ainsworth

Faculty Scholarship

When the Federation of Tax Administrators (FTA) held a national Compliance and Education Workshop in Louisville, Kentucky (February 25-27, 2001) one of the invited speakers was Kevin Pratt, Manager, Underground Economy, Canadian Customs and Revenue Authority (CCRA). He spoke on Zappers.

To the best of anyone's present recollection, this was the first time zappers had been discussed with a large group of state-level US tax compliance professionals. However, most of the information that the CCRA presented to the FTA in 2001 was not its own - it was derivative. Zapper investigations were not an in-house specialty of the CCRA (although …

Public Law, Private Law, And Legal Science, Chaim Saiman

Working Paper Series

This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by …

Filling Gaps Left By Congress Or Violating Federal Rights: An Analysis Of Local Ordinances Restricting Undocumented Immigrants' Access To Housing, Clifton R. Gruhn

University of Miami Inter-American Law Review

No abstract provided.

The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet

University of Miami Inter-American Law Review

No abstract provided.

The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary

University of Miami Inter-American Law Review

No abstract provided.

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.

Examining The Codification Of History And The Search For First Principles In Professor Alejandro Guzmán Brito's History Of The Codification Of Civil Law In Iberoamerica, Pedro J. Martinez-Fraga

University of Miami Inter-American Law Review

No abstract provided.

Who Is Really Protecting Barbie: Goliath Or The Silver Knight? A Defense Of Mattel's Aggressive International Attemps To Protect Its Barbie Copyright And Trademark, Liz Somerstein

University of Miami Inter-American Law Review

No abstract provided.

Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar

Cardozo Journal of International and Comparative Law

Bankruptcy law plays a crucial role in a capitalist economy by facilitating resource reallocation through creative destruction, with its effectiveness hinging on balancing creditor protection and debtor rehabilitation. The article examines bankruptcy statutes and practices across 50 countries, emphasizing the need for efficient, practical reforms that maximize estate value while addressing global diversity in insolvency frameworks. It advocates for a comprehensive approach to bankruptcy law, ensuring transparency, fairness, and alignment with economic goals.

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles

Cornell Law Faculty Publications

Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, …