Comparative and Foreign Law Commons^™

The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio

Elisabeth Haub School of Law Faculty Publications

This article explores the two different kinds of uncertainty, ‘hard’ uncertainty (unknown unknowns) and ‘soft’ uncertainty (known unknowns), in the context of environmental law decision making. First, the authors argue that these different categories should not be treated the same when facing decisions under uncertainty. To deal with these different uncertainties, a tiered risk analysis process is called for, using participatory techniques to turn hard uncertainty into (more manageable) soft uncertainty as well as to increase the legitimacy of environmental decision making, even in cases of hard uncertainty. This methodology can and should apply to all instances of domestic, transnational …

"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …

Introduction: China Re-Rising: Innovation And Collaboration For A Successful Twenty-First Century, Lindsay Korotkin

Cardozo Law Review de•novo

All eyes are on China in the twenty-first century, as it emerges as one of the fastest growing economies in the world. At the same time, losses in various industries are attributed to piracy—a substantial amount of which is alleged to occur within China’s borders—and the Chinese government is routinely criticized for its weak enforcement measures against counterfeiting activities and intellectual property infringement on its soil. Cardozo Law Review de•novo’s online symposium, “China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century” focuses on China’s overall transition from a manufacturing to an innovation economy and how this transition affects …

Collaborative Innovation And Economic Growth: A Comment On China’S Innovation Policies, Chen Wang, Jon Sallet

Cardozo Law Review de•novo

China has also taken steps to encourage the creation of intellectual property by Chinese companies. This Article will first examine the nature of those policies, then consider their impact on the goal of better innovation in China, as well as the impact on multi-national companies that wish to do business in China. The Article will conclude with suggestions about the best ways to build innovation policy to encourage sustainable relationships between China and multi-national companies.

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Difficulty Of Enforcing American Family Law Judgments In Japan, James B. Kildunne

UC Law SF International Law Review

This Note examines modem Japanese family law, focusing particularly on Japan's failure to ratify the Hague Convention on the Civil Aspects of International Child Abduction and the difficulty that poses for parents seeking to enforce custody orders from their home country in Japan; the formal, functional, and cultural limitations within the Japanese legal system that make joint custody between separated parents very difficult to achieve; procedures in place in the United States at both the local and federal level to prevent international child abduction; and, finally, a recommendation that the United States utilize its unique relationship with Japan to urge …

The Impact Of The Human Provincial Administrative Procedure Provisions, Peter Witherington

UC Law SF International Law Review

In April, 2008, Zhou Qiang, then the governor of Hunan Province (and current president of China's Supreme People's Court), presided over the adoption of the Hunan Provincial Administrative Procedure Provisions ("Provisions"). At its passage, this regulation represented the first comprehensive code of administrative procedure to be adopted in the People's Republic of China. This Note contends that Provisions represent a departure for administrative procedure in China, and should be viewed as a positive, if preliminary, step towards comprehensive rule of law.

Beginning with a brief overview of modern Chinese administrative law and its theoretical underpinnings, this Note presents the argument …

The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote

UC Law SF International Law Review

No abstract provided.

Japan's Judicial System May Change, But Its Fundamental Nature Says Virtually The Same: Recent Japanese Reforms On The Judicial Appointment And Evaluation, Takayuki Ii

UC Law SF International Law Review

No abstract provided.

Circumstances That Would Prejudice Impartiality: The Meaning Of Fairness In Japanese Jurisprudence, Mark A. Levin

UC Law SF International Law Review

No abstract provided.

Enforcing Online Arbitration Agreements For Cross-Border Consumer Small Claims In China And The United States, Philip Johnson

UC Law SF International Law Review

This Article analyzes the enforceability of provisions found in international business-to-consumer contracts that mandate online arbitration between the parties to resolve their disputes.

Specifically, the Article assesses the applicability of the New York Convention, Chinese law, and United States law to contracts that require online arbitration for disputes that arise out of low value transactions between businesses and consumers in China and the United States. The Article concludes with recommendations for changes in the law that aim to improve online dispute resolution, thereby promoting online commercial activity.

Regulation Of Private Equity In Brazil: Policy Questions Presented And Critique, Shannon Guy

Michigan Business & Entrepreneurial Law Review

In this note, I explore some of the policy questions affecting Brazil’s private equity industry that the country must tackle. In Part II, Section A, I begin by asking the threshold question of whether the Brazilian government should play an active role in encouraging the growth of the private equity industry. I resolve that Brazil should play an active role in encouraging the industry’s growth to encourage several possible benefits to the real economy. Private equity may benefit the economy by providing job growth and job preservation, improved access to credit for firms that would not otherwise have funds, and …

Favoritism And Corporate Law: The Confused Corporate Opportunity Doctrine In The Hyundai Motor Case, Hwa-Jin Kim, Seung Hwan Lee, Stephen M. Woodcock

Michigan Business & Entrepreneurial Law Review

Core legal principles of U.S. corporate law are often met with perplexity in foreign jurisdictions. This is especially true for legal principles that are controversial even in the U.S. This Article takes the corporate opportunity doctrine and examines how it has been exported to the civil law regime in Korea. Korean conglomerates such as Samsung Group and Hyundai Motor Group have become major players in the global market, but corporate law and practice in Korea have had a difficult time keeping up with developments in the business sector. The Hyundai Motor Case demonstrates an ambitious, but ill-fated, attempt at the …

Recent Changes In U.S. And U.K. Overseas Anti-Corruption Enforcement Under The Fcpa And The U.K. Bribery Law: Private Equity Compliance, Isaac A. Binkovitz

Michigan Business & Entrepreneurial Law Review

The following discussion provides a preliminary guide for those tasked with steering private equity firms through the shifting obstacle course of overseas anti-corruption compliance. Section I briefly reviews the centrality of overseas anti-corruption enforcement and its role in creating a more hospitable business climate in emerging markets. Section I also examines the American and British enforcement regimes in general before analyzing the most recent changes–specifically, changes as to the scope of liability and expansion of their jurisdiction. This section is designed to help determine whether investments or acquisitions fall within the purview of either enforcement regime. Section II discusses various …

'Quack Corporate Governance' As Traditional Chinese Medicine – The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against State Political Economic Power, Nicholas C. Howson

Law & Economics Working Papers

From the start of the PRC’s “corporatization” project in the late 1980s, a Chinese corporate governance regime subject to increasingly enabling legal norms has been determined by mandatory regulations imposed by the PRC securities regulator, the CSRC. Indeed, the Chinese corporate law system has been cannibalized by allencompassing securities regulation directed at corporate governance, at least for companies with listed stock. This article traces the path of that sustained intervention, and makes a case – wholly contrary to the “quack corporate governance” critique much aired in the U.S. – that for the PRC this phenomenon is necessary and appropriate, and …

The Role Of Networks, Mentors, And The Law In Overcoming Barriers To Organizational Leadership For Women With Children, Terry Morehead Dworkin, Aarti Ramaswami, Cindy A. Schipani

Michigan Journal of Gender & Law

The 2012 election brought headlines such as "Another 'Year of Women' in Congress." Although the number of women in the highest legislative offices increased, their numbers are still significantly lower than those of men. Fewer than 100 women hold office in both houses of Congress. Corporate America similarly reflects significantly low female leadership numbers. For example, "fewer than 20% of finance industry directors and executives are women, and [there are] no women leading the 20 biggest U.S. banks and securities firms." Women make up nearly half the workforce and hold 60% of bachelor degrees, yet they hold only 14% of …

Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner

Michigan Journal of Gender & Law

n the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, …

Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma

Law Librarian Scholarship

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.

Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker

Michigan Journal of International Law

In recent years, a public debate on law and the colonial legacy has engaged people of all walks of life in the English Speaking Caribbean (ESC), from judges and politicians to young people in the streets. Throughout the ESC, the Judicial Committee of the Privy Council (JCPC)—based in London and composed of British jurists—has been the highest court of appeal since the colonial era. In the past decade, however, Caribbean governments have sought greater control over their legal systems. In 2005, they created the Caribbean Court of Justice (CCJ) to supplant the British Privy Council as the Supreme Court for …

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

Articles

Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …

¿Y Si No Me Quiero Separar Así? Flexibilizando El Derecho De Separación, Fernando Loayza Jordán

Scholarly Articles

El autor realiza una crítica pormenorizada al artículo 200 de la Ley General de Sociedades, críticaen la cual, propone el cambio de la categoría imperativa de la norma por una de categoría dispositiva. Establece supuestos que beneficien a la separación a favor de los inversionistas y accionistas minoritarios. Propone una regulación atractiva para hacer que las transferencias de acciones sean más dinámicas y atractivas. Todo lo anterior, con el fin de beneficiar los intereses tanto de la sociedad como de los accionistas, tutelando sus derechos de manera más efectiva.

Walking Back From Cyprus, Lee C. Buchheit, Mitu Gulati

Faculty Scholarship

Last Friday, the European leaders trespassed on consecrated ground by putting insured depositors in Cypriot banks in harm’s way. They had other options, none of them pleasant but some less ominous than the one they settled on.

Constitution-Making Gone Wrong, David Landau

Scholarly Publications

With the recent wave of regime change in the Middle East, the process of constitution-making must again become a central concern for those interested in comparative law and politics. The conception of constitutional politics associated with Jon Elster and Bruce Ackerman views constitution-making as a potentially higher form of lawmaking with different dynamics than ordinary politics and states that, ideally, constitution-making should be designed so as to be a relatively deliberative process where the role of group and institutional interests is deemphasized. I argue that a focus on achieving deliberation and transformation through constitution-making is unrealistic in certain situations and …

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

Get On The Plane: Why Understanding The Israeli-Palestinian Conflict Is Best Done By Traveling There, Andrea Kupfer Schneider, Katie Lonze

Cardozo Journal of Conflict Resolution

International travel seems necessary for understanding international conflict and yet, bringing entire classes of students to the locus of the conflict can be daunting. This essay uses one such example of a class trip to demonstrate the potential learning that occurs with international travel and why, particularly when studying international conflict, onsite learning is crucial.

The genesis of this trip comes from the favorite learning experiences in college: two different international trips taken by author Andrea Schneider ("Andrea"). The first was during her junior year in a seminar on Greek-Turkish relations. The class traveled to both Greece and Turkey, meeting …

The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf

Scholarly Works

U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum provisions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over social …

Law, Language, Crime, And Culture: The Value And Risks Of Comparative Law, Christopher L. Blakesley

Scholarly Works

Words, language, culture, and literature are so important to us human beings that it should come as little surprise that they are part of our law. This article considers language and law in general with a focus on issues of criminal justice, both domestic and international. I examine how and why comparative law is valuable in a criminal procedure course, and generally for domestic and international criminal justice. My examination begins by looking back to our common roots in crime, punishment, and expiation, with a special focus on the role of torture and its impact on current criminal justice systems. …