Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2015

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 378

Full-Text Articles in Comparative and Foreign Law

Removing The Distraction Of Delay, Jill E. Family Feb 2015

Removing The Distraction Of Delay, Jill E. Family

Catholic University Law Review

Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the constant threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal. There is a push and pull phenomenon, with immigration adjudication stretched uncomfortably in between two forces. On the one side, there is a push to apply common notions of due process to immigration removal cases, to push that the same concepts of procedural justice should apply in immigration cases as they would in any other context. On …


Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue Feb 2015

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of foreign intelligence collection …


High Courts And Election Law Reform In The U.S. And India, Manoj Mate Feb 2015

High Courts And Election Law Reform In The U.S. And India, Manoj Mate

Journal Articles

Over the past decade, the push for electoral reform in India and the United States – the world’s two largest democracies – has been prominent in the politics and governance of both nations. The supreme courts in each country have played important, but distinct, roles in recent electoral reform efforts, responding to different facets and regimes of political corruption. In the 1990s, the Indian Supreme Court became increasingly assertive in requiring greater levels of disclosure and transparency for political parties in India. In a series of decisions in 2002 and 2003, the Indian Supreme Court challenged the Central Government’s failure …


Escaping The American Blot - A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, William Buss, Emily Buss Feb 2015

Escaping The American Blot - A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, William Buss, Emily Buss

Cornell International Law Journal

No abstract provided.


Georgia Journal Of International And Comparative Law Managing Board, 2015-2016, Georgia Journal Of International And Comparative Law Feb 2015

Georgia Journal Of International And Comparative Law Managing Board, 2015-2016, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe Jan 2015

Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe

Northwestern University Law Review

No abstract provided.


Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig Jan 2015

Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig

Chicago-Kent Law Review

With the recent public furor in the United States regarding “Shari‘a,” studies into the content of Islamic jurisprudence concerning Muslims living under non-Muslim jurisdiction are more pertinent than ever in the U.S. context. As “anti-Shari‘a” rhetoric has increased in fervency, informed input into the debates could go some way in correcting the peddled misconceptions. The paper begins by assessing how Muslim scholars viewed a Muslim’s travel to and residence in non-Muslim lands, and the obligation to abide by the laws of the land. It will focus on the jihad (siyar) section in Islamic jurisprudence and the section on …


Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook Jan 2015

Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook

Pepperdine Law Review

This paper analyzes differing views and approaches to kompetenz-kompetenz and proposes a workable framework of kompetenz-kompetenz for the future. Part II provides an overview of the general principle of kompetenz-kompetenz, discussing the views of some of the leading international commercial arbitration scholars on kompetenz-kompetenz. Part III analyzes the approaches taken by the United States and the United Kingdom and uses them as helpful illustrations of kompetenz-kompetenz in practice. Part IV notes the shortcomings of the aforementioned approaches and proposes a limited form of negative kompetenz-kompetenz as the solution.


Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake Jan 2015

Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake

Georgia Journal of International & Comparative Law

No abstract provided.


English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn Jan 2015

English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn

Georgia Journal of International & Comparative Law

No abstract provided.


The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams Jan 2015

The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams

Georgia Journal of International & Comparative Law

No abstract provided.


The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh Jan 2015

The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh

Georgia Journal of International & Comparative Law

No abstract provided.


General Discussion, Georgia Journal Of International And Comparative Law Jan 2015

General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain Jan 2015

Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie Jan 2015

Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre Jan 2015

Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs Jan 2015

Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law Jan 2015

Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum Jan 2015

Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings Jan 2015

International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings

Georgia Journal of International & Comparative Law

No abstract provided.


An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn Jan 2015

An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn

Georgia Journal of International & Comparative Law

No abstract provided.


Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia Jan 2015

Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia

Georgia Journal of International & Comparative Law

No abstract provided.


The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr Jan 2015

The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr

Georgia Journal of International & Comparative Law

No abstract provided.


Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans Jan 2015

Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans

Georgia Journal of International & Comparative Law

No abstract provided.


The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit Jan 2015

The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit

Georgia Journal of International & Comparative Law

No abstract provided.


The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure Jan 2015

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Georgia Journal of International & Comparative Law

No abstract provided.


The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson Jan 2015

The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann Jan 2015

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann

Georgia Journal of International & Comparative Law

No abstract provided.


European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley Jan 2015

European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik Jan 2015

European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik

Georgia Journal of International & Comparative Law

No abstract provided.