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Comparative and Foreign Law Commons

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2014

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Articles 181 - 210 of 623

Full-Text Articles in Comparative and Foreign Law

Address: Post-War Criminal Justice In Iraq, Travis W. Hall Oct 2014

Address: Post-War Criminal Justice In Iraq, Travis W. Hall

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki Oct 2014

Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki

Georgia Journal of International & Comparative Law

No abstract provided.


Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky Oct 2014

Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutionalization Of Human Rights In Post-Soviet States And Latin America: A Comparative Analysis, Rett R. Ludwikowski Oct 2014

Constitutionalization Of Human Rights In Post-Soviet States And Latin America: A Comparative Analysis, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.


For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg Oct 2014

For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg

Georgia Journal of International & Comparative Law

No abstract provided.


Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras Oct 2014

Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras

Georgia Journal of International & Comparative Law

No abstract provided.


Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee Oct 2014

Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee

Georgia Journal of International & Comparative Law

No abstract provided.


The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio Oct 2014

The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio

Georgia Journal of International & Comparative Law

No abstract provided.


Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele Oct 2014

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.


Human Dignity, Crime Prevention, And Mass Incarceration: A Meaningful, Practical Comparison Across Borders, Nora V. Demleitner Oct 2014

Human Dignity, Crime Prevention, And Mass Incarceration: A Meaningful, Practical Comparison Across Borders, Nora V. Demleitner

Scholarly Articles

Not available.


Femicide In Bolivia After Law 348, Adán Martínez Oct 2014

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …


Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti Oct 2014

Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti

Washington Journal of Law, Technology & Arts

This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …


Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross Oct 2014

Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross

University of Miami Inter-American Law Review

No abstract provided.


Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea Oct 2014

Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea

University of Miami Inter-American Law Review

No abstract provided.


The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary Oct 2014

The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary

University of Miami Inter-American Law Review

No abstract provided.


If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry Oct 2014

If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry

University of Miami International and Comparative Law Review

No abstract provided.


Blueprint For The Great Lakes Trail, Melissa K. Scanlan Oct 2014

Blueprint For The Great Lakes Trail, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on the significance of the lakes for the region as a cohesive, binational whole. To address this need, build on existing water law, and engage the public, this Article provides a blueprint to establish a Great Lakes Trail on the shores of the Great Lakes. The Trail will link together 10,000 miles of coastline and provide the longest marked walking trail in the world. It will demarcate an already existing, yet largely unrecognized, public trust easement and engage the public with their common heritage …


Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon Oct 2014

Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon

Michigan Journal of Environmental & Administrative Law

This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection …


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett Oct 2014

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day Oct 2014

The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day

Cardozo Journal of International and Comparative Law

The note examines the contrasting regulatory landscapes of the U.S. and Australian art markets, highlighting how excessive regulation can inadvertently harm market value and artist livelihoods. It argues that while the U.S. art market operates with minimal federal oversight, Australia’s heavily regulated indigenous art market has suffered unintended consequences, such as weakened sales and increased market supply. The analysis serves as a cautionary tale for the U.S. as it considers stronger regulation of its own art market.


Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers Oct 2014

Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers

University of Miami International and Comparative Law Review

No abstract provided.


Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp Oct 2014

Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp

Cardozo Journal of International and Comparative Law

America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …


Exodus: Structuring Redemption Of Captives, Rivka Weill Oct 2014

Exodus: Structuring Redemption Of Captives, Rivka Weill

Cardozo Law Review

The question of how to react to ransom demands in kidnap situations is ancient and persistent. It was asked as far back as Biblical times, and yet modern states have still not found answers. In terrorist kidnapping scenarios, the private victims, including the families, are often used as leverage to pressure the authorities, with the anticipation that the combination of public sympathy and private lobbying will result in excessive concessions. In the kidnap game, the victim's family is a single-game player and thus operates under a completely different set of considerations than the repeat player: the state. The question is …


Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna Oct 2014

Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna

Articles

Studies have found that when a U.S. issuer lists abroad on a foreign exchange, its shares exhibit negative abnormal returns. This negative movement may be because the market expects that the foreign listing will facilitate undetectable insider trading on the foreign exchange or other conduct impermissible in the United States.


Enhancing The Effectiveness Of The Public Procurement System Of Iraq Through Reforming The Bid Protest Processes, Ali Ahmed Rahman Oct 2014

Enhancing The Effectiveness Of The Public Procurement System Of Iraq Through Reforming The Bid Protest Processes, Ali Ahmed Rahman

Maurer Theses and Dissertations

This dissertation addresses the legal framework of the bid protest system in Iraq, which is designed to check illegalities and irregularities in awarding public contracts by contracting agencies. Several regional and international agreements emphasize the significance of bid protest processes for member states. However, the mere existence of bid protest forums is not sufficient to ensure their effectiveness. The vast majority of developing countries have bid protest mechanisms, but this does not mean that they are functioning as necessary. This work begins by assessing the theoretical controversies surrounding the issue of what works best, more discretion or more oversight, in …


Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield Sep 2014

Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield

Pepperdine Dispute Resolution Law Journal

The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.


Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance Sep 2014

Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.


A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic Sep 2014

A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald Sep 2014

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.


The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene Sep 2014

The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene

Georgia Journal of International & Comparative Law

No abstract provided.