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Articles 301 - 330 of 354
Full-Text Articles in Comparative and Foreign Law
Dignité/Dignidade: Organizing Against Threats To Dignity In Societies After Slavery, Rebecca J. Scott
Dignité/Dignidade: Organizing Against Threats To Dignity In Societies After Slavery, Rebecca J. Scott
Book Chapters
This chapter is not an attempt to join the fractious debate over philosophical first principles or juridical first usages of the term 'dignity'. Instead, it explores the tight connection between the institution of slavery and the giving of specific meanings to the concept of dignity, in particular times and particular places. To explore the dynamics of the intertwined process of creating and drawing upon meaning for the terms 'dignity' and 'slavery', I examine two historical movements that emerged after formal abolition.
Euro Zone Crisis Management And The New Social Europe, Philomila Tsoukala
Euro Zone Crisis Management And The New Social Europe, Philomila Tsoukala
Georgetown Law Faculty Publications and Other Works
This article analyzes the changes in European governance since the beginning of the euro crisis in relation to the project of constructing Social Europe. The article tracks the incorporation of a structural reform agenda originally designed as bailout conditionality for countries on the verge of default into EU economic governance as a strategy for growth. Beyond the contestable grounds of this reform agenda, its adoption by the EU in the mode of crisis management poses serious questions of legitimacy. The new enhanced economic coordination process includes obligatory guidelines in domains under the legislative competence of Member States, such as labor …
Due Process In Islamic Criminal Law, Sadiq Reza
Due Process In Islamic Criminal Law, Sadiq Reza
Faculty Scholarship
Rules and principles of due process in criminal law--how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted--appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron
Faculty Journal Articles and Book Chapters
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …
Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe
Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe
Books
Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – …
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Faculty Scholarship
Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …
(Still) A “Real And Substantial” Mess: The Law Of Jurisdiction In Canada, Tanya J. Monestier
(Still) A “Real And Substantial” Mess: The Law Of Jurisdiction In Canada, Tanya J. Monestier
Journal Articles
No abstract provided.
Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman
Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and societal implications of defamation cases arising from false rape claims in the United States and the United Kingdom. It argues that while U.S. defamation law provides stricter standards for liability, the U.K.'s approach to punishment is more effective in deterring false claims. The optimal solution, the note suggests, is to combine the U.S. legal framework for determining liability with the U.K.'s harsher penalties to protect both the falsely accused and genuine victims.
Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow
Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow
Cardozo Journal of Equal Rights & Social Justice
The global fashion industry's use of extremely thin models contributes to eating disorders by promoting unattainable beauty standards. In response, some countries have implemented laws restricting underweight models, such as Israel's 2012 law requiring a BMI of 18.5 or higher and mandating warnings for altered images. However, similar measures in the U.S. face legal challenges under the ADA, which prohibits employment discrimination based on disabilities, including eating disorders. The ADA's strict standards for defining disabilities and requiring individualized assessments make BMI-based bans difficult to enforce. While some U.S. states have taken steps like banning airbrushing or protecting underage models, broader …
Understanding The Obstacles To The Recognition And Enforcement Of U.S. Judgments Abroad, Samuel P. Baumgartner
Understanding The Obstacles To The Recognition And Enforcement Of U.S. Judgments Abroad, Samuel P. Baumgartner
Akron Law Faculty Publications
Questions of recognition and enforcement of foreign judgments have entered center stage. Recent empirical work suggests that there has been a marked increase in the frequency with which U.S. courts are asked to recognize and enforce foreign judgments. The U.S. litigation surrounding a multibillion-dollar Ecuadoran judgment against Chevron indicates that the stakes in some of these cases can be high indeed. This rising importance of questions of judgments recognition has not been lost on lawmakers. In November of 2011, the Subcommittee on Courts, Commercial and Administrative Law of the U.S. House of Representatives’ Judiciary Committee held hearings on whether to …
The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote
The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote
Articles
A sense of momentum accompanied the start of Japan's new legal education system in the spring of 2004. Less than three years had passed since the Justice System Reform Council (the Reform Council) issued its final report in June 2001, proposing a major restructuring of Japan's legal training system centered on a new tier of graduate level law schools. And less than a year and a half had elapsed since the details of the law school system were decided and enabling legislation passed. Despite the tight timetable, sixty-eight law schools were ready to commence operations in 2004, having arranged facilities, …
Designing Islamic Constitutions: Past Trends And Options For A Democratic Future, Clark B. Lombardi
Designing Islamic Constitutions: Past Trends And Options For A Democratic Future, Clark B. Lombardi
Articles
In recent years a growing number of countries have adopted constitutional provisions requiring that state law respect Islamic law (sharia). Muslims today are deeply divided, however, about what types of state action are consistent with sharia. Thus, the impact of a "Sharia Guarantee Clause" depends to a large degree on questions of constitutional design -- on who is given the power to interpret and apply the provision and on what procedures that they follow when making their decisions. This article explores the trends that gave rise to SGCs and provides a history of their incorporation into national constitutions. It then …
Legal Latin Americanism, Jorge L. Esquirol
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
Faculty Publications
No abstract provided.
Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 By A Guideline?, Michael Peterson
Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 By A Guideline?, Michael Peterson
Richmond Journal of Global Law & Business
No abstract provided.
Issuing New Shares And Preemptive Rights: A Comparative Analysis, Marco Ventoruzzo
Issuing New Shares And Preemptive Rights: A Comparative Analysis, Marco Ventoruzzo
Richmond Journal of Global Law & Business
No abstract provided.
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Michigan Journal of International Law
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …
The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak
The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak
Richmond Journal of Global Law & Business
No abstract provided.
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Indiana Journal of Global Legal Studies
Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …
Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman
Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman
Washington International Law Journal
The recent amendments to Japan’s Inquest of Prosecution Law (popularly called the Prosecution Review Commission (“PRC”) Law) give the eleven lay member PRC (and their court appointed lawyers) unreviewable authority to compel the prosecutions and appeals of defendants who the professional prosecutor service has determined do not require indictment and prosecution. Viewed as “democratic” because it brings lay participation to the criminal justice system, the PRC process differs sharply from the American Federal Grand Jury because it places ordinary citizens at risk of potential retribution and the political system at risk of possible “gaming” of the process for political advantage, …
Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell
Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell
Washington International Law Journal
The Colombian Supreme Court of Justice recently sentenced a professor to two years in prison for plagiarizing a student’s thesis, an extreme punishment by both comparative and Colombian standards. Despite its severity and global ramifications, the decision has received little attention within the English-speaking legal community. This comment provides an overdue analysis of the case and clarifies the current state of Colombian copyright law, both on the books and on the ground. The comment argues that while the case has clarified that plagiarism is a crime in Colombia, addressing academic plagiarism through criminal punishment will likely do little to deter …
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
Richmond Journal of Global Law & Business
No abstract provided.
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries, Anne T. T. Jensen
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries, Anne T. T. Jensen
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
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.
A Tale Of Two Taxes: A Comparative Examination Of The Individual Income Tax In The United States And The People's Republic Of China, Steven J. Arsenault
A Tale Of Two Taxes: A Comparative Examination Of The Individual Income Tax In The United States And The People's Republic Of China, Steven J. Arsenault
Richmond Journal of Global Law & Business
No abstract provided.
Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira
Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira
Richmond Journal of Global Law & Business
Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the signature of Legal Stability Contracts (LSCs) between the State and investors for the purpose of stabilizing the rules guiding investment decisions, for up to 20 years. Legal stabilization has successfully proven to increase FDI inflows. Nevertheless, incentives for FDI have been subject to several critiques that stress the excess …
International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala
International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala
Richmond Journal of Global Law & Business
No abstract provided.
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Scholarly Articles in Law Reviews & Journals
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …
Critical Legal Histories In Eu Law, Fernanda Nicola
Critical Legal Histories In Eu Law, Fernanda Nicola
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: A workshop aiming to narrate the history of EU Law took place in November 2012 at a critical time for the very existence of the Union and its role as a global actor. On the one hand, the current financial crisis is weakening some of the foundations and values that, in the last sixty years, EU lawyers, judges, and scholars have relied on. On the other hand, the U.S. government is pursuing a Transatlantic Free Trade and Investment Agreement with the EU, aimed at creating a Western bloc to resist the rising Chinese power. The fascination of current EU …