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Comparative and Foreign Law Commons

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2011

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Articles 151 - 180 of 336

Full-Text Articles in Comparative and Foreign Law

The Unidroit Principles Of International Commercial Contracts: An Overview Of Their Utility And The Role They Have Played In Reforming Domestic Contract Law Around The World, Christine M. Whited Jan 2011

The Unidroit Principles Of International Commercial Contracts: An Overview Of Their Utility And The Role They Have Played In Reforming Domestic Contract Law Around The World, Christine M. Whited

ILSA Journal of International & Comparative Law

Efforts to promote the unification of private substantive law took off in the latter part of the 20th century due to globalization, which rapidly increased the volume of international trade.


The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia Jan 2011

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Ardenia filed this case against the State of Rigalia before the International Court of Justice pursuant to Article 36(2) of the Statute of the Court on May 5, 2010


An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein Jan 2011

An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

ILSA Journal of International & Comparative Law

Tibet is commonly viewed in the West as having been a "Shangri- La"-a utopia unspoiled by industrialization, commercialization, or pollution.


The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia Jan 2011

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Rigalia and the State of Ardenia submit the present dispute concerning the Zetian Provinces to the International Court of Justice by Special Agreement, dated 5 May 2010, pursuant to article 40(1) of the Statute of the International Court ofJustice.


Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets Jan 2011

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets

ILSA Journal of International & Comparative Law

In the last three decades, there has been extensive jurisprudential literature positing that the structure, values, and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male- centered.


Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010, Michael O. Eshleman Jan 2011

Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010, Michael O. Eshleman

ILSA Journal of International & Comparative Law

"Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty


Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak Jan 2011

Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak

Richmond Journal of Global Law & Business

No abstract provided.


Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu Jan 2011

Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu

Richmond Journal of Global Law & Business

No abstract provided.


The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff Jan 2011

The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff

Richmond Journal of Global Law & Business

Over the last six years, several arbitration panels have released opinions in a series of disputes raised by investors against Argentina. In each case, foreign investors claim that Argentina's use of price controls and currency devaluation following the 2002 economic crisis constituted a violation of bilateral investment treaty obligations. Despite the fact that most claimants make identical allegations, many of these decisions are highly contradictory. In some cases Argentina is absolved of liability, while in others Argentina is held liable for hundreds of millions in damages. In aggregate, the claimants seek enough money to bankrupt the Argentine Republic.


Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke Jan 2011

Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke

Book Chapters

No abstract provided.


Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant Jan 2011

Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant

Faculty Articles and Other Publications

Do we really need another law review article about foreign law in constitutional interpretation? In fact, we do. In the vast literature on the subject, a fundamental point has received scant attention. In the recent rulings that have stoked the present controversy, the Supreme Court has employed foreign law not as law, but rather merely as evidence of a legislative fact made relevant by domestic constitutional law. Commentators, however, have largely directed their attention to the merits of a genuine constitutional comparativism in which foreign law serves as a model for the creation of domestic constitutional doctrine. Many commentators have …


Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee Jan 2011

Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee

Barry Law Review

This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.


Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi Jan 2011

Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi

Faculty Working Papers

Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of "reform," defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as …


After Lehman: International Response To Financial Disputes - A Focus On Hong Kong, Shahla F. Ali, John Koon Wang Kwok Jan 2011

After Lehman: International Response To Financial Disputes - A Focus On Hong Kong, Shahla F. Ali, John Koon Wang Kwok

Richmond Journal of Global Law & Business

No abstract provided.


Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid Jan 2011

Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Richmond Journal of Global Law & Business

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …


Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg Jan 2011

Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg

Global Business & Development Law Journal

No abstract provided.


Experiential Learning Through Community Lawyering: A Proposal For Indian Legal Education, Supriya Routh Jan 2011

Experiential Learning Through Community Lawyering: A Proposal For Indian Legal Education, Supriya Routh

Global Business & Development Law Journal

No abstract provided.


Blackberry's Jam: Research In Motion's Struggle To Protect Smartphone Users' Internet Privacy Highlights Need For Shared Industry Standards, Darren R. Sweetwood Jan 2011

Blackberry's Jam: Research In Motion's Struggle To Protect Smartphone Users' Internet Privacy Highlights Need For Shared Industry Standards, Darren R. Sweetwood

Global Business & Development Law Journal

No abstract provided.


The Niger Delta And Human Rights Lawsuits: A Search For The Optimal Legal Regime, Micaela L. Neal Jan 2011

The Niger Delta And Human Rights Lawsuits: A Search For The Optimal Legal Regime, Micaela L. Neal

Global Business & Development Law Journal

No abstract provided.


Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility, Franklin A. Gevurtz Jan 2011

Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility, Franklin A. Gevurtz

Global Business & Development Law Journal

No abstract provided.


The Human Right Of Sanitation For All: A Study Of India, Rebecca M. Coleman Jan 2011

The Human Right Of Sanitation For All: A Study Of India, Rebecca M. Coleman

Global Business & Development Law Journal

No abstract provided.


The Role Of Law Schools In Educating Judges To Increase Access To Justice, Sande L. Buhai, Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, Anne Taylor Jan 2011

The Role Of Law Schools In Educating Judges To Increase Access To Justice, Sande L. Buhai, Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, Anne Taylor

Global Business & Development Law Journal

No abstract provided.


Going Long On The Nairobi Exchange, Bryan T. Shipp Jan 2011

Going Long On The Nairobi Exchange, Bryan T. Shipp

Global Business & Development Law Journal

No abstract provided.


Global Issues In Criminal Procedure, Linda Carter, Christopher L. Blakesley, Peter J. Henning Jan 2011

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

McGeorge School of Law Teaching Materials

This book provides an overview of constitutional issues that arise when searches, seizures, and interrogations occur outside the United States. Global Issues examines prosecutions in U.S. courts that involve evidence obtained abroad and the reach of the Fourth Amendment when the searches and seizures involve U.S. citizens abroad compared with non-U.S. citizens. Cases such as Verdugo-Urquidez and Alvarez-Machain are included, along with sections on electronic surveillance and the reach of the Fifth Amendment and Due Process Clause abroad, plus materials on torture and extraordinary renditions. There is also a short discussion of indefinite detention in places like Guantanamo Bay, Afghanistan, …


Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez Jan 2011

Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez

Intercultural Human Rights Law Review

The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and multilingual aspects in Latin American societies. On the one hand, the author focuses on the role that international law instruments related to human rights, those for the general protection of minorities and those specific for the indigenous peoples, may perform in the recognition of linguistic rights when granting legal …


The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol Jan 2011

The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol

Faculty Publications

No abstract provided.


Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility , Franklin A. Gevurtz Jan 2011

Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility , Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.


Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan Jan 2011

Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan

Richmond Journal of Global Law & Business

This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …


A Comparative Analysis Of The Foreign Corrupt Practices Act And The U.K. Bribery Act, And The Practical Implications Of Both On International Business, Sharifa G. Hunter Jan 2011

A Comparative Analysis Of The Foreign Corrupt Practices Act And The U.K. Bribery Act, And The Practical Implications Of Both On International Business, Sharifa G. Hunter

ILSA Journal of International & Comparative Law

Prior to 1977, bribery was considered legal in many countries worldwide.!


Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay Jan 2011

Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay

UC Law SF International Law Review

This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …