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Comparative and Foreign Law Commons™

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2013

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Articles 151 - 180 of 354

Full-Text Articles in Comparative and Foreign Law

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sa'couto Jan 2013

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sa'couto

ILSA Journal of International & Comparative Law

Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.


The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam Jan 2013

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

ILSA Journal of International & Comparative Law

The subject of this Panel' is the authority of Congress and the President on matters that affect foreign affairs, when they disagree.


Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga Jan 2013

Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga

ILSA Journal of International & Comparative Law

Maritime piracy is a very unique offence planned on dry land and executed on the high seas, a place falling under the jurisdiction of no state, by men and boys recruited and facilitated by pirate kingpins and financiers.


Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus Jan 2013

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus

ILSA Journal of International & Comparative Law

At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.


Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson Jan 2013

Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson

ILSA Journal of International & Comparative Law

During the past several years, piracy off of the coast of Somalia increased, despite efforts of the international community to support piracy prosecutions in national and international courts.


Why Nations Fail: 2012 International Law Weekend Panel Addesses Law And Development Movement, Underlying Assumptions, And Challenges, Norman L. Greene, Wade Channell Jan 2013

Why Nations Fail: 2012 International Law Weekend Panel Addesses Law And Development Movement, Underlying Assumptions, And Challenges, Norman L. Greene, Wade Channell

ILSA Journal of International & Comparative Law

On October 27, 2012, at International Law Weekend' at Fordham Law School, a panel entitled Rule of Law and Development


From Repression To Respect: An Integrated Approach To The International Protection Of Intellectual Property Rights, Flavio C. Bettarello Jan 2013

From Repression To Respect: An Integrated Approach To The International Protection Of Intellectual Property Rights, Flavio C. Bettarello

ILSA Journal of International & Comparative Law

This article is composed by this introduction, three interrelated chapters, and a conclusion.


When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi Jan 2013

When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chdvez Frias rose to power in the midst of an era marked by corruption at the hands of high officials and high levels of poverty.


Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez Jan 2013

Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez

ILSA Journal of International & Comparative Law

The idea of law as an instrument is not new. For more than a century, law has been marshaled as a means to a particular end rather than a value in and of itself.


La Ley Maleable: El (Mal), Uso Del Derecho En La Consecucion De Una Agenda Politica, Manuel A. Gomez Jan 2013

La Ley Maleable: El (Mal), Uso Del Derecho En La Consecucion De Una Agenda Politica, Manuel A. Gomez

ILSA Journal of International & Comparative Law

La idea de usar el derecho como instrumento no es nueva. Por más de un siglo, el derecho ha sido visto como un medio para alcanzar un fin en vez de un valor en si mismo.


Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze Jan 2013

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).


Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart Jan 2013

Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart

ILSA Journal of International & Comparative Law

Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.


The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia Jan 2013

The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia

ILSA Journal of International & Comparative Law

The initial territory of Alfurna was located in the Bay of Singri, formed of two low-lying islands: Batri and Engili.


Settlement, Compromise, And Forgiveness In Canadian Income Tax Law, Colin Jackson Jan 2013

Settlement, Compromise, And Forgiveness In Canadian Income Tax Law, Colin Jackson

LLM Theses

This thesis looks at legal mechanisms allowing the non-collection of tax debts in the tax systems of Canada and the United States. The goal is to shed light on the choices made in Canada's tax collection system by juxtaposing it with the American system. The comparison reveals differences in the ways in which the two jurisdictions allow taxpayers to participate in the tax system and differences in how the two jurisdictions choose to make decisions about the forgiveness of tax debts. Although Canada has generally rejected the idea of compromise within the tax system, there is a tax policy case …


An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler Jan 2013

An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler

Richmond Journal of Global Law & Business

This article provides an overview of 2012 Foreign Corrupt Practice Act enforcement and examines the top FCPA issues from the year. The goal of the article is to place FCPA enforcement in better context and provide readers a more informed base in analyzing enforcement trends, assess- ing enforcement agency rhetoric and policy positions, and in sifting through the mounds of information disseminated by FCPA Inc.


Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie Jan 2013

Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie

Global Business & Development Law Journal

No abstract provided.


Religion And New Constitutions: Recent Trends Of Harmony And Divergence, Jeremy Patrick Jan 2013

Religion And New Constitutions: Recent Trends Of Harmony And Divergence, Jeremy Patrick

McGeorge Law Review

No abstract provided.


Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders Jan 2013

Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.


Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi Jan 2013

Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi

UC Law SF International Law Review

This article describes both e-discovery in the United States and the German Federal Data Protection Act, the Bundesdatenschutzgesetz (BDSG). It details the conflicting demands of those institutions in the event of litigation, as well as the consequences for a company caught between them. Namely, e-discovery often requires the disclosure of vast amounts of electronically stored information held by a company, while the BDSG prohibits the disclosure of personal information outside of specific exceptions. Failure to disclose the data could result in significant sanctions in the U.S., while disclosing data can lead to large fines and constitutes a criminal offense in …


International Legal Positivism And Legal Realism, D. A. Jeremy Telman Jan 2013

International Legal Positivism And Legal Realism, D. A. Jeremy Telman

Law Faculty Publications

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the U.S. legal academy and then proceeds to discuss the rise of a new legal realism in international legal theory. In a concluding section, the chapter assesses the compatibilities and tensions between the new international legal realism and the new international legal positivism.

With its forthright embrace of the inescapability of uncertainty in law, the new international legal …


Life, Liberty, And The Pursuit Of Justice: A Comparative Legal Study Of The Amanda Knox Case, Danielle Lenth Jan 2013

Life, Liberty, And The Pursuit Of Justice: A Comparative Legal Study Of The Amanda Knox Case, Danielle Lenth

McGeorge Law Review

No abstract provided.


There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey Jan 2013

There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey

McGeorge Law Review

No abstract provided.


Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo Jan 2013

Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo

Faculty Books

Indice:
Capítulo 1. El estudio histórico-social de los juristas académicos: producción intelectual y papel político.
Capítulo 2. La independencia y la construcción inicial del estado (1800-1847).
Capítulo 3. Tiempos de disgregación y autoritarismo (1848-1958).
Capítulo 4. Institucionalización de la investigación y sus límites (1959-2012).
Capítulo 5. Conocimiento, política y revolución. - Apéndice: Mini biografías de los juristas académicos analizados.
Referencias.


Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello Jan 2013

Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Pitfalls In Brazilian Bankruptcy Law For International Bond Investors, Jeffrey M. Anapolsky, Jessica F. Woods Jan 2013

Pitfalls In Brazilian Bankruptcy Law For International Bond Investors, Jeffrey M. Anapolsky, Jessica F. Woods

Journal of Business & Technology Law

No abstract provided.


The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post- Icc, Milena Sterio Jan 2013

The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post- Icc, Milena Sterio

ILSA Journal of International & Comparative Law

Over the past two decades, various mechanisms of international and regional justice have developed.


Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel Jan 2013

Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel

Articles

No abstract provided.


The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan Jan 2013

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan

Working Paper Series

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …


A Global Comparison Of Insider Trading Regulations, James H. Thompson Jan 2013

A Global Comparison Of Insider Trading Regulations, James H. Thompson

All Faculty Scholarship for the College of Business

As the business world continues to expand in global markets, trading of shares, bonds, derivatives and other instruments continues to increase. One form of trading that has received considerable interest in recent years is insider trading. Insider trading occurs when individuals with potential access to non-public information about a corporation buy or sell stock of that corporation. When the information is material and non-public, such trading is illegal. However, if the trading is done in a manner that does not take advantage of non-public information, it is often permissible. This study compares insider trading laws, penalties, and convictions in countries …


U.S. Preservation Requirements And Eu Data Protection: Headed For Collision, Tania Abbas Jan 2013

U.S. Preservation Requirements And Eu Data Protection: Headed For Collision, Tania Abbas

UC Law SF International Law Review

Large, multinational corporations today preserve vast quantities of electronic data out of fear that they will suffer sanctions under the Federal Rules of Civil Procedure for destroying evidence that could be relevant to ongoing or pending litigation. But, as U.S. companies hoard data, European regulators are stepping up enforcement of privacy laws that require the systematic elimination of data that identifies individuals without their consent. These laws, such as EU Directive 95/46, on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, are arguably far-reaching and may affect data …