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Comparative and Foreign Law Commons

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2013

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Articles 31 - 60 of 354

Full-Text Articles in Comparative and Foreign Law

Table Of Contents, Georgia Journal Of International And Comparative Law Oct 2013

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for volume 40, issue 2.


Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry Oct 2013

Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry

Georgia Journal of International & Comparative Law

No abstract provided.


European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?, Andrei Vlad Ionescu Oct 2013

European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?, Andrei Vlad Ionescu

Georgia Journal of International & Comparative Law

No abstract provided.


Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas Oct 2013

Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas

Georgia Journal of International & Comparative Law

No abstract provided.


A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark Oct 2013

A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Oct 2013

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for Volume 40, Issue 3.


The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar Oct 2013

The Banking Contract As A Special Contract: The Israeli Approach, Ruth Plato-Shinar

Touro Law Review

No abstract provided.


Consumer Contracts Law As A Special Branch Of Contract Law---The Israeli Model, Sinai Deutch Oct 2013

Consumer Contracts Law As A Special Branch Of Contract Law---The Israeli Model, Sinai Deutch

Touro Law Review

No abstract provided.


Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak Oct 2013

Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak

Touro Law Review

Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."


Israel's Constitutional Tragedy, Menachem Lorberbaum Oct 2013

Israel's Constitutional Tragedy, Menachem Lorberbaum

Touro Law Review

No abstract provided.


Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston Oct 2013

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.


Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson Oct 2013

Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson

Touro Law Review

Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.


Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen Oct 2013

Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen

2013 New England Association for Asian Studies Conference

Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was …


Administrative Restructuring And Renewable Energy: Best Legal Practices In Developing Economies, Steven Ferrey Oct 2013

Administrative Restructuring And Renewable Energy: Best Legal Practices In Developing Economies, Steven Ferrey

Suffolk University Law School Faculty Works

In the next decade, there will be unprecedented, extensive investment in electrification in developing nations. Once installed, those generation facilities will remain in place for 40 years or longer. The Kyoto Clean Development Mechanism (“CDM”) is primarily encouraging CDM projects outside the electric sector, which raises questions about their longevity of impact on CO2 reduction. With extensive commitments now to the new Green Climate Fund, more attention to best legal practices for green electrification options becomes more important. Since the power industry is a regulated industry in every country, legislative and regulatory initiatives that incorporate “best practices” for encouraging renewable …


International & Comparative Law Perspectives: Fall 2013, Int'l & Comp. Law Program Oct 2013

International & Comparative Law Perspectives: Fall 2013, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.


The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan Oct 2013

The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan

Working Paper Series

This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …


Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves Oct 2013

Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves

University of Miami International and Comparative Law Review

No abstract provided.


Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart Oct 2013

Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart

University of Miami International and Comparative Law Review

No abstract provided.


Constitutional Borrowing As Jurisprudential And Political Doctrine In Shri D.K. Basu V. State Of West Bengal, Sam F. Halabi Oct 2013

Constitutional Borrowing As Jurisprudential And Political Doctrine In Shri D.K. Basu V. State Of West Bengal, Sam F. Halabi

Notre Dame Journal of International & Comparative Law

The discipline of comparative constitutional law today is focused in significant part on the study of how and why judges use foreign precedent. Scholars debate the propriety of using foreign precedent as “authority,” circumstances under which such use is consistent with democracy (or a product of democratization), and which constitutional traditions may derive the greatest benefit from comparison. While comparative law theorists have long reflected on, and struggled with, a standard disciplinary vocabulary to describe what judges do when they engage in “comparative constitutional law,” the existing scholarship generally distributes judges’ use of foreign precedent into one of three modes …


Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock Oct 2013

Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock

University of Miami Inter-American Law Review

No abstract provided.


Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria Oct 2013

Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria

University of Miami Inter-American Law Review

No abstract provided.


Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas Oct 2013

Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas

University of Miami International and Comparative Law Review

No abstract provided.


“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad Oct 2013

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

Faculty Scholarship

No abstract provided.


All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg Oct 2013

All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg

University of Miami Inter-American Law Review

No abstract provided.


Public Debt In The United States And Germany: A Constitutional Perspective, Stephen Utz Oct 2013

Public Debt In The United States And Germany: A Constitutional Perspective, Stephen Utz

Faculty Articles and Papers

No abstract provided.


Merger Control Under China's Anti-Monopoly Law, D. Daniel Sokol Oct 2013

Merger Control Under China's Anti-Monopoly Law, D. Daniel Sokol

UF Law Faculty Publications

This essay explores the factors that drive merger outcomes under China's Anti-Monopoly Law (AML). While there are currently only a small number of published merger decisions, this paper overcomes that obstacle by utilizing a unique practitioner survey of antitrust lawyers across multiple jurisdictions. This survey captures transactions contemplated, but never undertaken (deterred by the merger regime), as well as mergers notified for approval under the AML. The survey allows for broader inferences to be drawn about the development of Chinese antitrust law, including: the welfare standard used in merger analysis, what industrial policy and other political factors may impact merger …


Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen Oct 2013

Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen

Notre Dame Journal of International & Comparative Law

In recent years, legislation and regulations in different countries of the world have raised questions about the conscientious objection of health care providers. In Spain, the Sexual and Reproductive Health and Voluntary Interruption of Pregnancy Act of 2010 (Sexual and Reproductive Health Act) recognizes the right to conscientious objection of professionals directly involved in the termination of pregnancy but also expands the possibility to perform abortions in relation to previous legislation. The application of the conscientious objection clause, however, leaves multiple questions open, and both the administration and the judiciary have reached different conclusions in its interpretation. The discussion about …


Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer Oct 2013

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.


Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle Oct 2013

Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle

Cardozo Journal of International and Comparative Law

The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.


Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu Oct 2013

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …