Comparative and Foreign Law Commons^™

Non-Charitable Purpose Trusts: Past, Present, And Future, Richard C. Ausness

Law Faculty Scholarly Articles

This Article focuses on non-charitable purpose trusts and how they enable estate planners to better carry out their clients’ objectives. Specifically, it explores the history of non-charitable purpose trusts and summarizes the differences between private trusts, charitable trusts, and non-charitable purpose trusts. This Article also examines the treatment of non-charitable purpose trusts in England and the United States prior to the promulgation of the Restatement of Trusts in 1935. This Article surveys the recent adoption of non-charitable purpose trust provisions in the Uniform Trust Code and various Restatements and gives advice on drafting the trust instruments. Lastly, this Article concludes …

Table Of Contents - Cardozo Journal Of International And Comparative Law, Vol. 25, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

From Environmental Rights To Environmental Rule Of Law: A Proposal For Better Environmental Outcomes, Jessica Scott

Michigan Journal of Environmental & Administrative Law

With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special Rapporteur’s report highlighted the problem of drinking water contaminated from lead pipes and the disproportionate burdens Black Americans face in accessing safe drinking water. The report argues that the U.S. should address these issues by explicitly recognizing a human right to safe drinking water and sanitation under U.S. law.

Like the Special Rapporteur, much of the literature and some environmental advocates call for environmental …

Masthead - Cardozo Journal Of International And Comparative Law, Vol. 25 (2016-17)

Cardozo Journal of International and Comparative Law

No abstract provided.

The Red Cross And Red Crescent Movement: Power Players In International And Domestic Natural Disaster Law, Kristen Dale

Cardozo Journal of International and Comparative Law

The note examines the unique role of the American Red Cross (ARC) as a quasi-governmental organization in U.S. disaster response, highlighting its dual identity as both a federal instrumentality and a private corporation. This duality raises critical questions about accountability, independence, and neutrality, particularly in light of proposed oversight measures like the American Red Cross Transparency Act. The analysis explores how the ARC's role intersects with international frameworks and domestic policies, emphasizing the need to balance its operational efficiency with public accountability.

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier

Law Faculty Scholarship

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court's jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …

The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo

Northwestern University Law Review

Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …

Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss

Washington Journal of Law, Technology & Arts

Through strengthened third-party obligations for data protection, the European Union’s General Data Protection Regulation will export privacy norms. However, developing economies may want to consider a co-regulatory industry approach to data protection before adopting similar national legislation. The General Data Protection Regulation can be an ideal model for global harmonization of privacy laws, particularly for adoption among industries and willing participants. To benefit from a co-regulatory approach, however, a developing economy would need to invest in education and legal systems in order to capture the benefits of the growing e-commerce market that will undoubtedly be influenced by the General Data …

Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Multinational Firms And Tax Havens, Anna Gumpert, James R. Hines Jr., Monika Schnitzer

Articles

Multinational firms with operations in high-tax countries can benefit the most from reallocating taxable income to tax havens, though this is sufficiently difficult and costly that only 20.4% of German multinational firms have any tax haven affiliates. Among German manufacturing firms, a 1 percentage point higher foreign tax rate is associated with a 2.3% greater likelihood of owning a tax haven affiliate. This is consistent with tax avoidance incentives and contrasts with earlier evidence for U.S. firms. The relationship is less strong for firms in service industries, possibly reflecting the difficulty of reallocating taxable service income.

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Faculty Scholarship

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …

Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Apple, Inc. Vs. Deutsches Patent- Und Markenamt: Why The Court Got It Wrong, Joseph Dzida

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

European Data Protection Uncapped: A Critical Analysis Of Google Spain V. Aepd, Adam Byrne

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

China And The New Development Bank: The Future Of Foreign Aid?, Tamara Fisher

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Speech, Privacy And Dignity In France And In The U.S.A.: A Comparative Analysis, Ioanna Tourkochoriti

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

"Prostitution And Criminal Law: A Comparative Perspective, Alberto Cadoppi,

Distinguished Speaker Series

No abstract provided.

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …

Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble

Nevada Law Journal

No abstract provided.

Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi

Indonesia Law Review

ASEAN has great ambitions. One (or two, even three and more) of them was laid out in ASEAN Economic Blueprint. It is to make ASEAN achieves higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development,1 visionary indeed. Nonetheless, it is necessary to always think and prepare if disputes happen. How to both face and to the extent, solve a dispute will determine whether ASEAN member states are committed to ASEAN and its ambitions as an intergovernmental organization.2 This book, as a matter of fact, do point out the necessity to examine existing dispute settlement mechanisms and discuss …

How South Africa’S Public Protector Has Set A High Bar For Her Successor, Penelope Andrews

Other Publications

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Rio’S 2016 Olympic Golf Course: City’S Last Remaining Ecosystems Left “In The Rough”, Charles Vercillo

University of Miami Inter-American Law Review

The sport of golf returned as an official event at the 2016 Summer Olympics held in Rio de Janeiro following a prolonged absence from the Games. To accommodate golf’s return, the city of Rio endorsed the construction of the Olympic golf course on land adjoining the Marapendi lagoon—land historically known to be ecologically valuable and environmentally protected. With the Games rapidly approaching, the city quickly passed complementary Law 125, stripping this land of its environmental protection, and instead authorizing a golf course as a sustainable use of the land.

Local environmentalists have challenged the legislation and the city’s decision, arguing …

Chasing Democracy: The Development And Acceptance Of Jury Trials In Argentina, Caitlyn Scherr

University of Miami Inter-American Law Review

Argentina’s 1853 National Constitution and the 1994 amendment to the Code of Criminal Procedure both guarantee a right to a trial by jury, yet the Argentine Congress has failed to pass the necessary legislation to establish a national jury system. However, nothing has stopped the individual provinces from creating their own systems for public participation. In the 1990’s, the province of Córdoba implemented mixed juries. The Neuquén province successfully implemented an even more advanced jury system in 2011. In recent years, this has created a snowball effect, with Buenos Aires, Chaco, and at least three other provinces following suit in …