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Comparative and Foreign Law Commons

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2015

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Articles 121 - 150 of 378

Full-Text Articles in Comparative and Foreign Law

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman Apr 2015

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman

Seattle University Law Review

Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention Against …


Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked Apr 2015

Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked

Seattle University Law Review

This Article outlines the different policy alternatives that could guide antitrust enforcement in developing countries. These include efficiency- based goals (allocative, productive, economic, and dynamic efficiency) and non-efficiency-based goals (protecting small businesses; achieving international competitiveness; eradicating poverty; and promoting fairness, equality, and justice). The actual antitrust goals selected by fifty developing countries are then presented. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. This normative take is geared towards realizing dynamic efficiencies or technological progress, coupled with redistribution through antitrust rules, as the accelerators of growth and development. …


Taxation Aspects Of Foreign Investments In India, Udai V. Singh Apr 2015

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram Apr 2015

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.


The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag Apr 2015

The Right To Vote Of Non-Resident Citizens: A Comparative Study Of The Federal Republic Of Germany And The United States Of America, Robert Dilworth, Frank Montag

Georgia Journal of International & Comparative Law

No abstract provided.


The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe Apr 2015

The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii Apr 2015

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley Apr 2015

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Religious Tests And The British Monarchy, Nathan B. Oman Apr 2015

Religious Tests And The British Monarchy, Nathan B. Oman

Popular Media

No abstract provided.


Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes Apr 2015

Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes

Chicago-Kent Law Review

No abstract provided.


Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez Apr 2015

Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez

Chicago-Kent Law Review

To cultivate the next twenty years of LatCrit theory, praxis, and community, the afterword looks back to LatCrit’s Critical Global Classroom (2003–04) (CGC), an ABA-accredited summer study-abroad program. The CGC invited U.S. law students to study comparative constitutionalism, law and society, and truth and reconciliation movements while sojourning Chile, Argentina, and South Africa under the question: “Shall the recent history of the Global South become the imminent fate of the Global North?” While enrolled in the 2004 CGC, the author learned about the extraordinary constitutional writ of habeas data, which various Latin American countries adopted as they reconstituted their …


European Communities Commission - Greenland - Ec Commission Draft Approves Withdrawal Of Greenland From The European Community And Proposes Terms For Economic Reassociation, Kevin Mason Apr 2015

European Communities Commission - Greenland - Ec Commission Draft Approves Withdrawal Of Greenland From The European Community And Proposes Terms For Economic Reassociation, Kevin Mason

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn Apr 2015

The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.


Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor Apr 2015

Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr. Apr 2015

The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr. Apr 2015

Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava Apr 2015

The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava

Georgia Journal of International & Comparative Law

No abstract provided.


The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco Apr 2015

The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco

Georgia Journal of International & Comparative Law

No abstract provided.


Substance Overload: A Comparative Examination Of Japanese Corporate Governance Law Through The Lens Of The Daiwa Bank Case, A. Reid Monroe-Sheridan Apr 2015

Substance Overload: A Comparative Examination Of Japanese Corporate Governance Law Through The Lens Of The Daiwa Bank Case, A. Reid Monroe-Sheridan

Washington International Law Journal

Japanese corporate governance law is facing a period of remarkable change. In light of Prime Minister Shinzo Abe’s push for corporate governance reforms and the explosive news of Olympus Corporation’s $1.7 billion accounting scandal in 2011, academics and practitioners alike are devoting renewed attention to the rules that govern Japan’s boardrooms. This increased focus brings to the fore two key questions about Japan’s modern corporate governance principles: how have they evolved and how are they applied in practice? To answer these questions, this article revisits the Daiwa Bank case, one of Japan’s most stunning business scandals. This international criminal conspiracy …


The Criminalization Of Revenge Porn In Japan, Shigenori Matsui Apr 2015

The Criminalization Of Revenge Porn In Japan, Shigenori Matsui

Washington International Law Journal

Revenge porn is the practice of posting and distributing sexually explicit images of an ex-partner on the Internet to seek revenge after a breakup. Because it brings serious damages to the victims, it has become a significant social issue in Japan, the United States, and around the world. An increasing number of U.S. states and other countries are now enacting statutes criminalizing revenge porn. Recently, Japan joined these jurisdictions in criminalizing revenge porn when the Diet, the Japanese national legislature, passed the Revenge Porn Victimization Prevention Act. This article compares the Act with legislation in the United States and critically …


Patching Old Wineskins: Heightened Deference Towards Saiban-In Findings Of Fact On Koso Appeals Is Not Enough, Caleb Jon F. Vandenbos Apr 2015

Patching Old Wineskins: Heightened Deference Towards Saiban-In Findings Of Fact On Koso Appeals Is Not Enough, Caleb Jon F. Vandenbos

Washington International Law Journal

The successful introduction of the saiban-in seido—the Japanese lay assessor system—was a tremendous step towards creating meaningful exchange between the public and the judiciary and democratizing the criminal justice system in Japan. To preserve the quality of this exchange, judges must conscientiously solicit and respect lay assessor input during deliberations, and saiban-in decisions must retain their force on appeal. Under current appellate procedure, however, saiban-in findings of fact may be replaced on koso appeal. Koso appeals threaten to eviscerate lay participants’ contributions in the individual case being reviewed and, in the long term, will discourage judges from taking lay …


The U.K. Supreme Court At War, Po Jen Yap Apr 2015

The U.K. Supreme Court At War, Po Jen Yap

Washington International Law Journal

This article contends that the underlying normative assumptions of civil libertarians and national security “executive unilateralists” are premised on a variant of the “nirvana fallacy.” In other words, civil libertarians generate a best-case scenario for rigorous judicial oversight over executive action during emergencies and compare it to the worst-case scenario for executive action; the reverse holds true for executive unilateralists. In practice, the Supreme Court of the United Kingdom has been cognizant of the institutional advantages and limitations of its office when it adjudicates national security disputes, and has not succumbed to the criticisms of scholars in either camp. Instead, …


Regulations Propose Definitions Of U.S. Waters, Irma S. Russell Apr 2015

Regulations Propose Definitions Of U.S. Waters, Irma S. Russell

Faculty Works

No abstract provided.


Book Review: Private International Law In English Courts, S. I. Strong Apr 2015

Book Review: Private International Law In English Courts, S. I. Strong

Faculty Publications

Although debates about cooperation versus competition make for good scholarly fodder, this issue actually has an important practical component, as demonstrated by Professor Adrian Briggs of the University of Oxford in his masterful new book, Private International Law in English Courts. Like all truly superlative texts, Professor Briggs's book is deceptively accessible. The prose is not only elegant and eloquent, it is peppered with the dry wit one would expect from an Oxford don.


Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer Apr 2015

Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer

Faculty Publications By Year

This article explores the differences, similarities, comparative advantages and disadvantages between developer funding requirements for Affordable and Work Force Housing in the United States and Spain. Emphasis is placed on impact fees as a revenue source in the United States and value recapture requirements in Spain and in Catalonia in particular. The author concludes that American impact fees provide a broader base for developer funding requirement but that Spanish land value recapture programs offer greater flexibility to planning officials when they are applicable.


Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer Apr 2015

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Faculty Publications By Year

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …


Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois Apr 2015

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Faculty Publications By Year

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …


The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas Apr 2015

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

Faculty Publications By Year

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …


Alleviating Barcelona's Public Housing Shortages Through Historic Properties, Ryan Rowberry Apr 2015

Alleviating Barcelona's Public Housing Shortages Through Historic Properties, Ryan Rowberry

Faculty Publications By Year

Creating public housing space in Barcelona requires rethinking how its historic properties might maintain their cultural and structural vitality while serving critical social and economic needs. Drawing on programs from the United States, Europe, and China, I suggest two strategies that Catalan officials might use to effectively leverage Barcelona's historic properties to reduce its public housing deficit. The first strategy considers successful financial incentives promoting public housing in historic properties within the United States - the Low Income Housing Tax Credit and the Historic Rehabilitation Tax Credit - and proposes how the Catalan government might find seed money to fund …


Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee Apr 2015

Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee

Washington International Law Journal

This article surveys the use of foreign precedents in constitutional adjudication by the Supreme Court of Singapore for over half of a century during the terms of the first three Chief Justices—Wee Chong Jin (1963–1990), Yong Pung How (1990–2006), and Chan Sek Keong (2006–2012)—and the first year in office of the fourth Chief Justice, Sundaresh Menon (2012–2013). It concludes that while judges have always cited foreign case law, they have only actually applied foreign cases where the wording of the Constitution and the constitutional arrangements in Singapore are fairly analogous to the constitutional texts and arrangements upon which the cases …