Comparative and Foreign Law Commons^™

Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner

Publications

No abstract provided.

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …

Towards An International Dialogue On The Institutional Side Of Antitrust, Philip J. Weiser

Publications

The antitrust world is now globalized and interconnected, requiring ever-increasing awareness as to how different agencies operate. The need to promote convergence on substantive doctrines has received, and will continue to receive, considerable attention. What is less appreciated is the need to focus on institutional design and practice, particularly as to the promotion of transparency and procedural fairness in the conduct of antitrust investigations. This Essay makes the case for such a focus, explaining how one of the healthy aspects of a multijurisdictional world is that sister agencies can challenge one another and model means of improving our institutional practices. …

How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner

Publications

Solutions to a current serious problem for the rural energy poor might best be found at least in part in older practices.

The problem comes from cooking over open fires, impairing the health of the cook and of others in her family, using fuel so inefficiently as to threaten forests, and releasing soot that contributes to global warming. Small, cheap, reliable cooking stoves could address these issues, improving health by reducing smoke and exhausting it through a chimney and thus away from the cook, using fuel more efficiently so that less needs to be gathered, and more completely burning the …

The Relationship Between International Law And Domestic Law: Yong Vui Kong V Pp [2010] 3 Slr 489 [Case Note], Siyuan Chen

Research Collection Yong Pung How School Of Law

The Court of Appeal in Yong Vui Kong v PP [2010] 3 SLR 489 recently addressed at length the issue of the constitutionality of the mandatory death penalty. In the main, the appellant had argued that the mandatory death penalty was unconstitutional because it violated Art 9(1) of the Constitution of the Republic of Singapore (1999 Rev Ed), which states that: “No person shall be deprived of his life or personal liberty save in accordance with law.” The court ultimately rejected this argument. This piece focuses on the main international law issue emanating from the said constitutional challenge, viz, the …

Withdrawing From International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Curtis A. Bradley and Mitu Gulati’s Withdrawing from International Custom brings to mind the old joke recounted by Woody Allen in Annie Hall: “Two elderly women are at a Catskill mountain resort, and one of ’em says, ‘Boy, the food at this place is really terrible.’ The other one says, ‘Yeah, I know; and such small portions.’” Similarly, while Bradley and Gulati attack international law’s current prohibition of unilateral withdrawal from custom, they propose an alternative that differs only modestly from it (small portions). At the same time, the doctrinal change they propose would take customary international law in the …