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Comparative and Foreign Law Commons

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2014

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Articles 301 - 330 of 623

Full-Text Articles in Comparative and Foreign Law

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson Sep 2014

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap Sep 2014

Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap

Georgia Journal of International & Comparative Law

No abstract provided.


Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman Sep 2014

Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman

Georgia Journal of International & Comparative Law

No abstract provided.


Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani Sep 2014

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.


Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale Sep 2014

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.


Accession To A Surrender Of Sovereign Autonomy In Law?: The Effect Of The European Union Membership Process Upon Romania, James B. Cronon Sep 2014

Accession To A Surrender Of Sovereign Autonomy In Law?: The Effect Of The European Union Membership Process Upon Romania, James B. Cronon

Georgia Journal of International & Comparative Law

No abstract provided.


Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford Sep 2014

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware Sep 2014

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson Sep 2014

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.


The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet Sep 2014

The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet

Pace Law Review

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …


Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas Sep 2014

Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas

Pace Law Review

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some …


Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel Sep 2014

Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel

Georgia Journal of International & Comparative Law

No abstract provided.


Japan's Financial Instruments And Exchange Law: Hercules Or Hydra?, Clark T. Wisenbaker Sep 2014

Japan's Financial Instruments And Exchange Law: Hercules Or Hydra?, Clark T. Wisenbaker

Georgia Journal of International & Comparative Law

No abstract provided.


"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison Sep 2014

"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison

Georgia Journal of International & Comparative Law

No abstract provided.


B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston Sep 2014

B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston

Georgia Journal of International & Comparative Law

No abstract provided.


Fifty Thousand Years Old And Still Fighting For Rights: The Continuing Struggle Of Australia's Indigenous Population, Emily Hart Cobb Sep 2014

Fifty Thousand Years Old And Still Fighting For Rights: The Continuing Struggle Of Australia's Indigenous Population, Emily Hart Cobb

Georgia Journal of International & Comparative Law

No abstract provided.


The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh Sep 2014

The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh

Georgia Journal of International & Comparative Law

No abstract provided.


The Death Of Islamic Law, Haider Ala Hamoudi Sep 2014

The Death Of Islamic Law, Haider Ala Hamoudi

Georgia Journal of International & Comparative Law

No abstract provided.


A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman Sep 2014

A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman

Georgia Journal of International & Comparative Law

No abstract provided.


Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera Sep 2014

Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin Sep 2014

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green Sep 2014

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi Sep 2014

Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates Sep 2014

Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates

Georgia Journal of International & Comparative Law

No abstract provided.


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey Sep 2014

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon establishing that a …


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson Sep 2014

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic Sep 2014

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin Sep 2014

Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie Sep 2014

The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie

Georgia Journal of International & Comparative Law

No abstract provided.