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Comparative and Foreign Law Commons

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2015

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Articles 151 - 180 of 378

Full-Text Articles in Comparative and Foreign Law

Utility Model Patent: An Essential And Improving Patent Scheme In China, Victor Wang Apr 2015

Utility Model Patent: An Essential And Improving Patent Scheme In China, Victor Wang

Cardozo Journal of International and Comparative Law

The note argues that China's utility model patent (UMP) system, despite criticism, serves as a beneficial tool for both domestic and foreign inventors, particularly small and medium-sized enterprises (SMEs). While commentators often view the UMP as detrimental to innovation policies, the system's low inventiveness threshold, quick file-to-grant process, and affordability make it a practical solution for protecting incremental inventions. The note contends that the UMP aligns with China's current status as a developing nation and supports its innovation ecosystem, contrary to claims that it hinders progress.


The Politics Of The Takings Clauses, Mila Versteeg Apr 2015

The Politics Of The Takings Clauses, Mila Versteeg

Northwestern University Law Review

A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. This Essay fills that gap by presenting original data on the procedural and substantive protections in constitutional takings clauses from 1946 to 2013. Its main finding is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain …


Watch & Learn: Illegal Behavior And Obedience To Legal Norms Through The Eyes Of Israeli And American Popular Culture, Itay Ravid Apr 2015

Watch & Learn: Illegal Behavior And Obedience To Legal Norms Through The Eyes Of Israeli And American Popular Culture, Itay Ravid

Faculty Publications

What do popular media tell us about the way we perceive the rule of law in our society? What conceptions of legal norms and obedience to these norms control popular mass media? How do these conceptions shape and reflect the legal culture of a given society? This paper aims to explore empirically these questions, through the analysis of American TV shows and Israeli TV shows that became popular in Israel. To achieve this goal a dual empirical strategy was adopted — content analysis of popular TV shows, and an Internet survey among Israeli respondents. This approach addresses a methodological and …


Barcelona, Spain As A Model For The Creation Of Innovation Districts And Sustainable Social Housing Without Spatial Segregation, Janice C. Griffith Apr 2015

Barcelona, Spain As A Model For The Creation Of Innovation Districts And Sustainable Social Housing Without Spatial Segregation, Janice C. Griffith

Suffolk University Law School Faculty Works

Suburban growth in the post-World War II era led to the deterioration of central cities as the migration of more affluent households left a greater concentration of the poor and minorities in the core. To some extent, the twenty-first century’s global networking economy is reversing this trend because the workplace now thrives on the collaboration of a highly skilled labor force working in close proximity to each other. A number of cities have revitalized under-utilized urban areas, including obsolete industrial sectors, by turning them into vibrant cityscapes that provide an attractive environment for an information and technology driven economy. Barcelona, …


In The Aftermath Of Resolution 1373: Tackling The Protective Veil Of Counter-Terrorism, Johanny Santana Apr 2015

In The Aftermath Of Resolution 1373: Tackling The Protective Veil Of Counter-Terrorism, Johanny Santana

Cardozo Journal of International and Comparative Law

The absence of a universally accepted definition of terrorism has enabled states to exploit counterterrorism measures to justify human rights abuses, as exemplified by Uganda and India. A clear international definition is essential to prevent such abuses and enhance accountability under frameworks like the International Criminal Court.


The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo Mar 2015

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …


European Community - Luxembourg Compromise - Council Of The European Community Ignores British Attempt To Exercise Implied Veto Power Of Luxembourg Compromise, Kevin Mason Mar 2015

European Community - Luxembourg Compromise - Council Of The European Community Ignores British Attempt To Exercise Implied Veto Power Of Luxembourg Compromise, Kevin Mason

Georgia Journal of International & Comparative Law

No abstract provided.


International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson Mar 2015

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Dying In Original Sin Vis-À-Vis Living In Disgrace—In Defense Of The Right To Socio-Eugenic Abortion As Personal Liberty, Jayadevan V. R. Dr. Mar 2015

Dying In Original Sin Vis-À-Vis Living In Disgrace—In Defense Of The Right To Socio-Eugenic Abortion As Personal Liberty, Jayadevan V. R. Dr.

Hamline Law Review

Abstract


Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton Mar 2015

Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Dictionary Of Legal, Commercial And Political Terms, Part I: English-German And Part Ii: German-English. Clara-Erika Dietl, Anneliese A. Moss & Egon Lorenz. New York: Matthew Bender & Company, Inc., Stanley L. Paulson Mar 2015

Book Review: Dictionary Of Legal, Commercial And Political Terms, Part I: English-German And Part Ii: German-English. Clara-Erika Dietl, Anneliese A. Moss & Egon Lorenz. New York: Matthew Bender & Company, Inc., Stanley L. Paulson

Georgia Journal of International & Comparative Law

No abstract provided.


The Treasury's Twenty Year Battle With Treaty Shopping: Article 16 Of The 1977 United States Model Treaty, Robert R. Oliva Mar 2015

The Treasury's Twenty Year Battle With Treaty Shopping: Article 16 Of The 1977 United States Model Treaty, Robert R. Oliva

Georgia Journal of International & Comparative Law

No abstract provided.


Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels Mar 2015

Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant Mar 2015

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.


Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley Mar 2015

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.


United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis Mar 2015

United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis

Georgia Journal of International & Comparative Law

No abstract provided.


Gaming Corporations Gamble With The Fcpa, Joseph Grusman Mar 2015

Gaming Corporations Gamble With The Fcpa, Joseph Grusman

UNLV Gaming Law Journal

No abstract provided.


Beyond Ownership: State Capitalism And The Chinese Firm, Curtis J. Milhaupt, Wentong Zheng Mar 2015

Beyond Ownership: State Capitalism And The Chinese Firm, Curtis J. Milhaupt, Wentong Zheng

UF Law Faculty Publications

Chinese state capitalism has been treated as essentially synonymous with state-owned enterprises (SOEs). But drawing a stark distinction between SOEs and privately owned enterprises (POEs) misperceives the reality of China’s institutional environment and its impact on the formation and operation of large enterprises of all types. We challenge the “ownership bias” of prevailing analyses of Chinese firms by exploring the blurred boundary between SOEs and POEs in China. We argue that the Chinese state has less control over SOEs and more control over POEs than its ownership interest in the firms suggests. Our analysis indicates that Chinese state capitalism can …


Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French Mar 2015

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …


The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh Mar 2015

The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …


Does Shari’A Play A Role In Turkey?, Russell Powell Feb 2015

Does Shari’A Play A Role In Turkey?, Russell Powell

Pepperdine Law Review

An essay is presented in which the author explores the relationship of religious law with contemporary Turkey. Topics discussed include certain civil law supporting adoption of Sharia in Turkey, role of religious people in providing protection to religious freedom in Turkey, and role of traditional Kemalist secularism laiklik in distinguishing Turkey.


“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger Feb 2015

“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger

Pepperdine Law Review

An essay is presented in which the author explores fragility of Israeli secularism related to Jewish religion. Topics discussed are the impact of religious monopoly over personal status in Israel on Israeli secularism, the origination of religious monopoly over personal status during the Ottoman Empire's rule over Palestine, and dispute resolution of domestic cases in communities' and tribes' religious tribunals under their religious laws.


“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty Feb 2015

“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty

Pepperdine Law Review

At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …


Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim Feb 2015

Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim

Pepperdine Law Review

The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.


People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden Feb 2015

People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden

Georgia Journal of International & Comparative Law

No abstract provided.


Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris Feb 2015

Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes Feb 2015

Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes

Georgia Journal of International & Comparative Law

No abstract provided.


Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman Feb 2015

Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman

Georgia Journal of International & Comparative Law

No abstract provided.


Securities Regulations Investigations - United States-Swiss Treaty Attempts To Increase Cooperation In Releasing Names Of Swiss-Based Account Holders Involved In United States Securities And Exchange Commission Investigations, Daniel B. Simon Iii Feb 2015

Securities Regulations Investigations - United States-Swiss Treaty Attempts To Increase Cooperation In Releasing Names Of Swiss-Based Account Holders Involved In United States Securities And Exchange Commission Investigations, Daniel B. Simon Iii

Georgia Journal of International & Comparative Law

No abstract provided.


International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein Feb 2015

International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein

Georgia Journal of International & Comparative Law

No abstract provided.