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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
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
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
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
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
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
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
Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu
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
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
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
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
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
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
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.
Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg
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
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
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
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
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
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
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
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
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, …
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
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
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
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
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
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 …
The Functionalism Of Legal Origins, Ralf Michaels
The Functionalism Of Legal Origins, Ralf Michaels
Faculty Scholarship
This article, written on request for the centennial issue of Ius Commune Europaeum, connects the economic literature on legal origins (La Porta et al) and the World Bank's Doing Business reports with discussions in comparative law about the functional method. It finds that a number of parallels and similarities exist, and that much of the criticism that has been voiced against functionalism should apply, mutates mutants, also to these more recent projects. The attraction that these projects have derive not, it is argued, from their methodological sophistication, but instead from "the strange lure of economics" and from the ostentatious objectivity …
Addressing The Overrepresentation Of The Maori In New Zealand's Criminal Justice System At The Sentencing Stage: How Australia Can Provide A Model For Change, Joanna Hess
Washington International Law Journal
New Zealand’s 2002 Sentencing Act provides several ways a sentencing court may take an offender’s cultural or ethnic background into account. Given the disproportionate rate of recidivism among New Zealand’s indigenous Maori offenders and international and domestic concerns regarding this problem, the Act’s provisions offer one method for addressing and mitigating this issue. However, these sentencing provisions remain largely unknown or underused. This comment argues that in order to tackle these concerns, left unaddressed by the current Sentencing Act, New Zealand should restructure its sentencing provisions to follow the legislative model that is developing in Australian states, particularly the model …
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat
Washington International Law Journal
Chinese willingness and ability to play by the rules in the global arena is a critical issue that has long loomed large on the academic and policy agendas. A substantial body of knowledge has been built in the past two decades, shedding considerable light on key dimensions of the question. However, there is an apparent need to fine-tune the approach pursued thus far by seeking greater methodological robustness and better theoretical elucidation. Data collection procedures must be anchored more firmly in principles of scientific inquiry, providing a solid empirical foundation for reliable and valid generalizations, and single-cause explanations need to …