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Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

El Convenio Fundamental No. 87 De La Organizacion Internacional Del Trabajo-Libertad Sindical En Brasil Y Los Estados Unidos, Jane K. Aparecido

ILSA Journal of International & Comparative Law

Esta pieza se trata de cómo dos países económica y socialmente distintos interpretan y tratan con los convenios de la Organización Internacional del Trabajo (OIT) en sus respectivos sistemas legales. el Convenio No. 87, la cual trata sobre la libertad sindical y la protección del derecho de sindicación, servirá como la base para esta discusión y la comparación necesaria.

Public Trials And Trial Broadcasting As Combating Tools For Judicial Corruption In Afghanistan, Hijratullah Ekhtyar

ILSA Journal of International & Comparative Law

No abstract provided.

An Overview Of Justice In The Former Yugoslavia And Reflections For Accountability In Syria, Professor Jennifer Trahan

ILSA Journal of International & Comparative Law

This article provides an overview of justice for crimes perpetrated in the former Yugoslavia during the wars in the 1990s.

From Suppression To Secession: Kurds, Human Rights And The Right To Self-Determination In Turkey, Rez Gardi

ILSA Journal of International & Comparative Law

No abstract provided.

Secularismo Extremo Vs. Radicalismo Religioso: El Caso Del Burkini Frances, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

La teoría francesa de Laicidad, ó secularismo asertivo, rápidamente ha llegado a ser una parte importante del legado constitucional francés, un legado el cual ha logrado demostrar lo que se había de esperar: conflictos entre el derecho a la autodeterminación, la cultura local, la libertad religiosa, y el interés del estado en reprimir el radicalismo y el extremismo

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

A Primer On China’S Bribery Regulation: Status Quo, Development, Drawback, And Proposed Solution, Fanyu Zeng

Upper Level Writing Requirement Research Papers

Today, the People's Republic of China (hereinafter China) has become one of the largest economic entities in the world. With the development of China, the problem of bribery has imposed more negative impacts on China’s government and market. This paper is on China’s current regulations on bribery.

This paper is divided into six parts: (1) Introduction to China’s legal regulation on bribery; (2) Who can be bribed in China? (3) What constitutes bribery under China laws? (4) Defenses against bribery charges; (5) Punishment and Liability (Criminal Punishment, Administrative Punishment, and Private Action); and (6) Drawbacks and Proposals for China’s anti-bribery …

Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz

UIC Law Review

The first section of this article will describe what Restorative Justice is to get a better understanding of this alternative to the punitive criminal justice system. It will then describe the work done by the Community of Sant’Egidio in Rome through the lens of Restorative Justice. It will move on to the state of the criminal justice system in Cook County and the United States, particularly in how it treats criminal behavior. In particular, it will compare the work of Sant’Egidio to the Restorative Justice work being done by state Drug Treatment Courts. Federal reentry courts address the problems of …

Democracy Clauses In The Americas: The Challenge Of Venezuela’S Withdrawal From The Oas, Antonio F. Perez

Scholarly Articles

In light of Venezuela’s unprecedented notice of its intention to withdraw from the Organization of American States, this essay by a former member of the Juridical Committee of the OAS explores the range of discretion available to the OAS and its Member States in interpreting and applying the OAS’s unique provision for withdrawal. Presenting the first extensive analysis of this provision of the OAS Charter, the essay argues that the withdrawal clause can plausibly be interpreted to require Venezuela to fulfill all its obligations under the OAS Charter, including its obligations to respect democracy, before its unprecedented withdrawal can take …

Constitution And Narrative In The Age Of Crisis In Japanese Politics, Keigo Komamura

Washington International Law Journal

The most significant political issue facing the legal world in Japan is the drive for constitutional revision led by Prime Minister Shinzo Abe and his Liberal Democratic Party (LDP). This paper situates the revisionist movement within the context of postwar Japanese politics before drawing on theoretical literature in critical legal studies to analyze the LDP’s draft constituion to reveal the magnitude of the proposed changes and to assess the risk they pose to the rule of law in Japan. The paper argues that the proposed draft constitution eschews the languages of the current constitution like “a universal principle of mankind”, …

Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu

Washington International Law Journal

The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April each year, summarize and review new intellectual property cases. This translation includes all 32 cases and 38 legal issues of the 2015 Annual Report. It addresses various areas of law related to intellectual property, including patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant product patent law, and laws related to procedural and evidentiary issues in intellectual property cases. While China is not a common law country, these cases serve as guidelines for …

Interpretation Of The Pacifist Article Of The Constitution By The Bureau Of Cabinet Legislation: A New Source Of Constitutional Law?, Hajime Yamamoto

Washington International Law Journal

This article analyzes recent change of Japanese governmental interpretation of Article 9 of the Constitution of Japan concerning the right of collective self-defense. This governmental interpretation of Article 9 has been elaborated by the Bureau of Cabinet Legislation. This article criticizes a recent critique of this situation by main stream Japanese constitutional scholars as “crisis of constitutionalism”.

Article 9 In The Post-Sunakawa World: Continuity And Deterrence Within A Transforming Global Context, John O. Haley

Washington International Law Journal

The 1959 Supreme Court Grand Bench (en banc) decision in Sakata v. Japan (the Sunakawa case) was the first Supreme Court decision on Article 9 and the constitutionality of Japan's defense policies. In the precedent-setting decision, all fifteen justices endorsed the view that under Article 9 Japan retained a fundamental right of self-defense and could enter into treaties for mutual security. In the absence of an apparent or "clear" violation, the courts, Sunakawa held, must defer to the judgment of the political branches on the issue of constitutionality. The Court thereby established the outer parameters for judicial review …

Garbage Day: Will Italy Finally Take Out Its Trash In The Land Of Fires?, Jason A. Slaybaugh

Washington International Law Journal

The illegal dumping and burning of waste and toxic waste in southern Italy has caused such immense environmental damage that the disaster is now known as “Italy’s Chernobyl”. In early 2014, the Italian Senate passed the Land of Fires Decree, a sweeping new law aimed at solving a problem that Italy has historically failed to adequately address. Despite the broad grants of power and the new crime created, the lack of political will renders these new tools useless and means little will likely change. Italy can no longer put this fire out by itself. As such, Italy should look to …

Calling Space Traffic Control, Danielle Miller

ILSA Journal of International & Comparative Law

The space environment (at least where the Earth’s orbits are concerned) is increasingly congested. As a natural result, collisions between space objects are becoming more likely and much more disastrous.

Above The Law? Innovating Legal Response To Build A More Accountable U.N.: Where Is The U.N. Now?, Bruce Rashkow

ILSA Journal of International & Comparative Law

This is an issue that has come under increasing scrutiny amid allegations of sexual exploitation and abuse by United Nations (U.N.) personnel, including peacekeeping forces, and allegations that peacekeepers introduced cholera to Haiti

The Fundamental Convention No. 87 Of The International Labour Organization– Union's Freedom Of Association In Brazil And In The United States, Jane K. Aparecido

ILSA Journal of International & Comparative Law

This piece is about how two economically and socially different countries interpret and deal with the International Labour Organization’s (ILO) conventions in their respective legal systems. Convention No. 87, regarding the Freedom of Association and Protection of the Right to Organise, will serve as the basis for the discussion and comparison.

Tiroteos Maivos Y Los Motivos De Los Agresores: Una Comparacion De Los Estados Unidos Y Naciones Extranjeras, Vanessa Terrades

ILSA Journal of International & Comparative Law

Cuarenta y nueve cuerpos estaban tirados en el suelo sin vida, mientras muchos otros estaban acostados al lado de ellos cubiertos en sangre, pretendiendo estar muertos para poder salvarse del hombre armado que abrió fuego en la discoteca

Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations, Vanessa Terrades

ILSA Journal of International & Comparative Law

Forty-nine bodies laid lifelessly on the ground while many others laid beside them, covered in blood, pretending to be dead to save their lives from the gunman who opened fire in the night club.1 That was the scene at Pulse Night Club on June 11, 2016, which turned the enjoyment at a nightclub into a nightmare

Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

The French theory of Laïcité, or assertive secularism, has rapidly developed to become a significant part of the French constitutional legacy, which subsequently brought out what should have been expected: conflicts between the right to self-determination, local culture, religious freedom, and the state interest in curbing radicalism and extremism

Where Are We Today In The International Fight Against Overseas Corruption: An Historical Perspective, And Two Problems Going Forward, Frederick T. Davis

ILSA Journal of International & Comparative Law

The goal of my comments is to take a step back and begin with an historical perspective on the collective, international effort to fight corruption, and then to suggest two problems that effort faces today.

A Comparative Study Of Migrants' Access To Healthcare: Similarities And Differences Between England, Germany, Italy, Spain, Canada, And The United States, Paula Castaneda Restrepo

ILSA Journal of International & Comparative Law

No abstract provided.

Decisions That Declared Laws Unconstitutional And Their Impact On Japanese Families, Yuichiro Tsuji

ILSA Journal of International & Comparative Law

No abstract provided.

Are Latin American Institutions Innovating?, Dyala' Jime'nez Figueres

ILSA Journal of International & Comparative Law

Innovation means moving ahead of one’s time, anticipating future needs and creating solutions for those needs. Applied to international arbitration, innovation usually comes by offering new services to the users that will benefit them in terms of predictability, efficiency and effectiveness

Caracteristicas Principales De La Ley Peru Ana De Arbitraje, Cecilia O'Neill De La Fuente, Jose' Luis Repetto Deville

ILSA Journal of International & Comparative Law

Dos pilares fundamentales hacen posible que agentes privados acumulen grandes riquezas: la ley de contratos y los derechos de propiedad. Pero sin la protección del Estado es imposible mantener el crecimiento económico, así que cada Estado debe proteger, respetar, y poner en vigor estas leyes fundamentales.

In Search Of Balance: A Critical Review Of Private Placement Regulations Of The United States And South Korea, Daeil Kim

Maurer Theses and Dissertations

Two main objectives of the securities offering regulation are to protect investors from frauds and to facilitate capital formation. Balancing these two objectives is a difficult task particularly for the private placement regulation. The primary focus of this study is to assess whether the current private placement regulations of the United States and South Korea are properly balancing these two objectives.

First, this study broadly reviews securities offering regulations and the historical developments of the private placement regulations of the United States and South Korea, and compares the current regulations of both countries. For the U.S. private placement regulation, this …

A Comparative Study Of Trade Dress In The U.S. And South Korea: Rethinking On The Laws And Precedents In The Apple V. Samsung, Sukchan Sim

Maurer Theses and Dissertations

Trade dress originally included the packaging or dressing of products, however in this time it has been extended to put together the impression of design of products. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress. The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark. In U.S., trade dress was developed continuously for a long time and some significant case suggested guidelines reflecting the modern industry. In Wal-Mart Stores, Inc. v Samara Brothers, Inc., or TrafFix Devices, Inc. v. Marketing Displays, Inc., …

A Big Gap Between ‘Law In Books’ And ‘Law In Action’ And "A New Taxonomy Of Enforcement Strategies", Robin H. Huang, Nicholas C. Howson

Other Publications

Any attempt to comprehensively analyse the enforcement of corporate law and securities regulation is difficult, not only because there are so many distinct national systems in play, but also because, we need to examine both formal enforcement mechanisms and the way in which such mechanisms are applied in practice. If nothing else, the expert analyses presented in the foregoing chapters of this book confirm that with respect to enforcement issues a rather large gap does exist between what Roscoe Pound memorably called ‘law in books’ and ‘law in action’.