Comparative and Foreign Law Commons^™

The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez

Faculty Publications

No abstract provided.

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

Articles

No abstract provided.

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

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

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 …

Administrative Procedure And Foreign Antibribery Enforcement: Restoring Balance Through Procedural Transparency, Daniel R. Wilson

UC Law SF International Law Review

The Department of Justice and the Securities and Exchange Commission aggressively pursue and punish individuals and companies who bribe or attempt to bribe foreign officials in other countries pursuant to the Foreign Corrupt Practices Act of 1977 (FCPA). However, the FCPA as it is currently interpreted by the Department of Justice has been the object of growing criticism. The United States Chamber of Commerce has argued that good faith efforts to comply with the law are often unsuccessful and that statutory amendments are necessary to "secure clarity" with respect to enforcement policy. A year ago, the Department of Justice responded …

Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham

UC Law SF International Law Review

No abstract provided.

Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz

Cardozo Law Review de•novo

This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.

La Mediacion En El Ordenamiento Juridico Catalan. Especial Referencia A Sus Principios Informadores, Dr. Fernando Garriga Arino

ILSA Journal of International & Comparative Law

Hasta la publicación de la Ley de Mediación Familiar de Cataluña (Ley Catalana de Mediación Familiar).

Abortion In Latin America And The Caribbean: A Comparative Study Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. Dejesus

ILSA Journal of International & Comparative Law

By ratifying the American Convention on Human Rights (ACHR),' Latin American and Caribbean states made a commitment to protect prenatal life from the moment of conception

The Pitfalls Of At-Will And Just Cause Employment: A Comparartive Analysis Of Employment Law In The United States And Colombia, Alejandro Gutierrez

ILSA Journal of International & Comparative Law

In March 2012, fourteen employees from a South Florida law firm were fired for simply wearing orange-colored shirts to work.

Los Peligros Del Empleo "A Voluntad" Y Justa Causa: Un Analisis Comparativo De La Ley De Empleo En Estados Unidos Y Colombia, Alejandro Gutierrez

ILSA Journal of International & Comparative Law

En Marzo del 2012, catorce empleados de un bufete de abogados en el sur de la Florida fueron despedidos simplemente por llevar puestas camisetas de color naranja al trabajo.'

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

ILSA Journal of International & Comparative Law

On behalf of Alfurna ("the Applicant") and the State of Rutasia ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Alfurnan Migrants, signed in The Hague, The Netherlands, on the fourteenth day of September in the year two thousand twelve.

A Football Monopoly: The Lack Of Parity And Financial Resposibility In Today's Game, Ryan M. Knight

ILSA Journal of International & Comparative Law

The transfer system associated with European football' is completely unique from any other form of American sports

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

ILSA Journal of International & Comparative Law

The right to appear before the International Court of Justice is limited only to states.

Mediation In The Catalan Legal System: Special Reference To Its Guiding Principles, Dr. Fernando Garriga Arino

ILSA Journal of International & Comparative Law

Until the publication of the Catalan Family Mediation Law (CFML),' France was the only European country with a specific law in effect regulating family mediation.

Cuando La Victima Se Convierte En Criminal: El Caso De Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chávez Frías subió al poder en el seno de una era marcada por corrupción en las esferas del gobierno y altos niveles de pobreza.

M-Payments In Brazil: Notes On How A Country's Background May Determine Timing And Design Of A Regulatory Model, Gilberto Martins De Almeida

Washington Journal of Law, Technology & Arts

Extended periods of high-inflation in Brazil have resulted in a sophisticated platform for payment methods and a vast network of banking correspondents all over the country. Social policies have encouraged increased access to telecommunications, with the number of mobile phones exceeding the nearly 200 million inhabitants. Governmental programs intend to combine such strengths to achieve massive financial inclusion and integrity, an effort that is expected to reach dozens of millions of new beneficiaries. In that endeavor, authorities wish to foster rapid popularization of mobile payments (m-payments) while keeping sound financial controls. Availability of current technological and legal platforms has allowed …

The Reporting Of Suspicious Activity By Mobile Money Service Providers In Accordance With International Standards: How Does It Impact On Financial Inclusion?, Miriam Goldby

Washington Journal of Law, Technology & Arts

Among the obligations which countries are required to impose upon their financial institutions under the Financial Action Task Force’s (FATF) 40 Recommendations is the obligation to report suspicions of money laundering. This Article discusses the impact that a reporting regime such as that set up in the United Kingdom in response to FATF requirements is likely to have should it be set up in developing countries seeking to regulate mobile money services. This Article argues that certain features of the U.K. suspicious activity reporting regime make it unsuitable for wholesale adoption into such a context. A one-size-fits-all approach by the …

Mobile Money, Financial Inclusion And Financial Integrity: The South African Case, Vivienne A. Lawack

Washington Journal of Law, Technology & Arts

The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is a developing economy with a large “unbanked” sector. That is, a large segment of the population does not have bank accounts and “banking” happens through informal means. This Article deals with the legal and regulatory framework pertaining to mobile money and examines issues relating to financial integrity and financial inclusion as they present themselves in South Africa. The author states that the regulatory framework …

The Role Of Anti-Money Laundering Law In Mobile Money Systems In Developing Countries, Emery S. Kobor

Washington Journal of Law, Technology & Arts

This Article explains that the application of anti-money laundering (AML) regulation, supervision, and enforcement is relevant to financial inclusion, but is not, in itself, necessarily determinative of the success or failure of financial inclusion initiatives or their impact on economic growth. Successful payments system innovation, particularly payment tools targeting underserved markets, requires effective entrepreneurship operating in an environment of good governance and rational economic policies. AML safeguards help to deter corruption and other forms of financial crime, which helps to establish and maintain economic stability and preserve the rule of law, creating a supportive environment for innovation and financial inclusion. …

Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones

The Modern American

No abstract provided.

When The Mesopotamian Honeymoon Ends: The Code Of Hammurabi’S Assumptions About The Roles Of Spouses And Problem-Solving Approach To Regulating Marriage, 46 J. Marshall L. Rev. 1005 (2013), Lars Nelson

UIC Law Review

No abstract provided.

Potentiate Liability And Preventing Fault Attribution: The Intoxicated “Offender” And Anglo-American Dépecage Standardisations, 47 J. Marshall L. Rev. 57 (2013), Alan Reed, Nicola Wake

UIC Law Review

No abstract provided.

John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang

Law Librarian Scholarship

In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part V. …

The Landscape Of The Legal Professions In Europe And The Usa: Continuity And Change, Xiaomeng Zhang

Law Librarian Scholarship

Overall, all articles in the book are thoroughly researched, documented, and presented with in-depth scholarly analyses. Although it is entitled The Landscape of the Legal Professions in the Europe and the USA, the European focus is apparent and dominant. On the other hand, comparative methodology is employed in most of the articles, either through a comparison of Europe nations and the United States, or through comparisons and contrasts among European countries. It will be of invaluable assistance to scholars interested in legal professions and legal system specifically and foreign and comparative law in general. It will be a great addition …

The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak

Richmond Journal of Global Law & Business

No abstract provided.

Back To The Bad Old Days: President Putin's Hold On Free Speech In The Russian Federation, Rebecca Favret

Richmond Journal of Global Law & Business

No abstract provided.

Deepening Confidence In The Application Of Cisg To The Sales Agreements Between The United States And Japanese Companies, Yoshimochi Taniguchi

Richmond Journal of Global Law & Business

Parties to contracts between U.S. and Japanese companies usually agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) from the sales agreement due to concerns about how the CISG will be interpreted and/or incompatibility with U.S. or Japanese law or both. In this paper, the author will suggest that the more countries amend their laws in accordance with CISG standards and the more national courts develop a unified interpretation of the CISG, the more the CISG will represent harmonized law, and as such, contracting parties should not exclude it.

This …