Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (113)
- Constitutional Law (37)
- Environmental Law (32)
- Human Rights Law (31)
- Social and Behavioral Sciences (25)
-
- Intellectual Property Law (24)
- Land Use Law (22)
- Criminal Law (21)
- Public Affairs, Public Policy and Public Administration (19)
- Courts (18)
- Dispute Resolution and Arbitration (18)
- Urban Studies (17)
- Business Organizations Law (16)
- European Law (15)
- Law and Society (15)
- Science and Technology Law (15)
- Transnational Law (15)
- National Security Law (14)
- Food and Drug Law (13)
- International Trade Law (11)
- Law and Economics (11)
- Legal History (11)
- Business (10)
- Labor and Employment Law (10)
- Law and Politics (10)
- Legislation (10)
- Military, War, and Peace (10)
- Business Law, Public Responsibility, and Ethics (9)
- Institution
-
- Maurer School of Law: Indiana University (42)
- University of Washington School of Law (39)
- University of Michigan Law School (24)
- Nova Southeastern University (23)
- Yeshiva University, Cardozo School of Law (23)
-
- Georgia State University College of Law (20)
- University of Miami Law School (17)
- Brooklyn Law School (14)
- UC Law SF (12)
- University of Georgia School of Law (11)
- University at Buffalo School of Law (8)
- Pace University (7)
- Penn State Dickinson Law (7)
- American University Washington College of Law (6)
- Columbia Law School (6)
- Universitas Indonesia (6)
- Schulich School of Law, Dalhousie University (5)
- Seattle University School of Law (5)
- University of Nebraska - Lincoln (5)
- University of the Pacific (5)
- Duke Law (4)
- Pepperdine University (4)
- Washington and Lee University School of Law (4)
- Boston University School of Law (3)
- Brigham Young University Law School (3)
- Florida State University College of Law (3)
- St. John's University School of Law (3)
- UIC School of Law (3)
- University of Maine School of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Keyword
-
- South Africa (10)
- Enforcement (9)
- United States (9)
- Brazil (8)
- China (7)
-
- European Union (7)
- Arbitration (6)
- CSR codes (6)
- Globalization (6)
- Affordable housing (5)
- Canada (5)
- Corporations (5)
- Human rights (5)
- Judicial review (5)
- Law reform (5)
- Africa (4)
- Federalism (4)
- Germany (4)
- India (4)
- International law (4)
- United Kingdom (4)
- Apartheid (3)
- Benefit Corporation (3)
- Berle VIII (3)
- Comparative law (3)
- Constitution of South Africa (3)
- Corporate Social Responsibility Codes (3)
- Crimes (3)
- Criminal law (3)
- Cuba (3)
- Publication
-
- Washington International Law Journal (32)
- Indiana Journal of Global Legal Studies (25)
- ILSA Journal of International & Comparative Law (23)
- Faculty Scholarship (18)
- Journal of Comparative Urban Law and Policy (17)
-
- Articles (16)
- Maurer Theses and Dissertations (13)
- Georgia Journal of International & Comparative Law (10)
- UC Law SF International Law Review (10)
- University of Miami Inter-American Law Review (9)
- Brooklyn Journal of International Law (8)
- Cardozo International & Comparative Law Review (8)
- Cardozo Journal of Conflict Resolution (7)
- Brooklyn Journal of Corporate, Financial & Commercial Law (6)
- Jurnal Hukum & Pembangunan (6)
- Articles, Book Chapters, & Popular Press (5)
- Book Chapters (5)
- Buffalo Law Review (5)
- Scholarly Articles (5)
- Seattle University Law Review (5)
- Space, Cyber, and Telecommunications Law Program: Faculty Publications (5)
- University of Miami International and Comparative Law Review (5)
- Washington Journal of Law, Technology & Arts (5)
- American University Law Review (3)
- Arbitration Law Review (2009 - Present) (3)
- BYU Law Review (3)
- Cardozo Law Review (3)
- Faculty Publications (3)
- Faculty Publications By Year (3)
- Journal Articles (3)
- Publication Type
Articles 301 - 330 of 354
Full-Text Articles in Comparative and Foreign Law
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Faculty Publications By Year
No abstract provided.
Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum
Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum
Articles by Maurer Faculty
Analyzing a conflict of laws requires thinking both about the scope of potentially applicable law and about priority, or choice, among potentially applicable laws. The Restatement (Second) of Conflict of Laws, published in 1971, contains little guidance on how, or in what order, courts are to address these two inquiries. The draft Restatement (Third), in contrast, differentiates clearly the respective roles of the two analytical elements. It characterizes the resolution of a choice-of-law question as a two-step process. First, the scope of the relevant states’ internal laws must be determined, in order to ascertain which states’ laws might be used …
From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin
From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Sex Quotas And Burkini Bans, Darren Rosenblum
Sex Quotas And Burkini Bans, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Essay recounts how feminist theorists and activists managed to write their ideals into the fabric of French law and culture, and how nonfeminists began to appropriate those ideals. Parité, the 2000 law that requires half of all candidates for public office be women, saw French feminists first engineer a change in French universalism to respect sex difference; although not wholly successful, Parité advanced women's political inclusion. Then, like a drop of water in a pond, these feminist ideas disappeared in plain sight: they became intrinsic to French state norms and public values. As they became woven into such norms, …
Contemplated Amendments To Japan's 1947 Constitution: A Return To Iye, Kokutai And The Meiji State, Carl F. Goodman
Contemplated Amendments To Japan's 1947 Constitution: A Return To Iye, Kokutai And The Meiji State, Carl F. Goodman
Washington International Law Journal
The post World War II American Occupation of Japan was a huge programmatic success. Its disarmament, repatriation, land reform, and health programs put a defeated Japan on the road to recuperation, while providing a military shield that enabled Japan to focus on recovery from the War and rebuilding the country and economy. Perhaps its most enduring legacy was its Enlightenment-based, American-drafted, rights-oriented Constitution of 1947 [hereinafter “the Constitution”]. Drafted in English, the Constitution was promulgated in Japanese, resulting in some substantive changes. Among the most important of these were changing the English word “people” into the Japanese “kokumin” …
The End Of Constitutional Pacifism?, Yasuo Hasebe
The End Of Constitutional Pacifism?, Yasuo Hasebe
Washington International Law Journal
On September 19, 2015, the National Diet of Japan enacted a series of statutes which enable the government to exercise the right of collective self-defense. One of the statutes also enables the government to dispatch the Self-defense Forces to take charge of logistics for foreign military forces waging wars. This enactment symbolises Japan’s turn of course regarding its long-held stance on constitutional pacifism. Pacifism maintained under the Constitution of Japan was not pure pacifism rejecting any use of force. The successive governments held that the right of individual self-defense, in other words, the right to use force in order to …
A Review Of Who Rules Japan?: Popular Participation In The Japanese Legal Process, Daniel H. Foote
A Review Of Who Rules Japan?: Popular Participation In The Japanese Legal Process, Daniel H. Foote
Washington International Law Journal
Who Rules Japan? is a valuable addition to the literature on Japanese law. Seven substantive chapters explore important recent developments in a wide range of fields. The ten authors—including leading experts in criminal justice, labor law and other fields—all are highly qualified and all have undertaken extensive research. Each of the chapters breaks new ground; and collectively they provide a wealth of new information, new methodological approaches, and new theoretical insights. To summarize briefly, Leon Wolff, Luke Nottage, and Kent Anderson (who also served as editors for the entire volume) begin the book with a thoughtful Preface and Introduction (Chapter …
The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino
The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino
Scholarly Works
In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
American University Law Review
No abstract provided.
"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi
American University Law Review
No abstract provided.
Judicial Power, The Judicial Power Project And The Uk, Paul Craig
Judicial Power, The Judicial Power Project And The Uk, Paul Craig
Articles by Maurer Faculty
It is axiomatic that all power requires justification, and that is equally true for judicial power as for other species thereof. This article is primarily concerned with judicial power in the UK. The subject will be approached through consideration of the Judicial Power Project, which has been critical of the courts, much of this being sharp-edged, and fierce. There is repeated talk of judicial overreach and consequent legitimacy crisis, as the courts are said to encroach on terrain that is properly the preserve of the political branch of government.
It is by the same token important that the critics are …
A Chinese Inheritance, Thomas Simmons
A Chinese Inheritance, Thomas Simmons
Faculty Publications
The cultural values of a society are often discernible in its laws of succession and intestacy. These laws govern the distribution of a decedent's estate when there is no estate plan in place. Intestacy schemes typically reflect basic societal values. Yet, perhaps remarkably, the laws of intestacy bear consistency across various countries, continents, and cultures, rewarding the closest surviving family members. Upon closer examination, unique characteristics also emerge. The most startling characteristic of Chinese inheritance law is its willingness to invoke judicial review of an heir's conduct in settling upon distribution percentages to govern intestacy. American succession law also considers …
Benefits Of The U.S. Program For Terrorism Insurance From A Comparative Perspective, Jeffrey E. Thomas
Benefits Of The U.S. Program For Terrorism Insurance From A Comparative Perspective, Jeffrey E. Thomas
Faculty Works
This article summarizes the U.S. program for terrorism insurance and outlines its advantages as compared to similar programs in other developed countries. The program, while similar to reinsurance, does not require participants to pay premiums but instead uses an ex post recoupment mechanism. Consequently, it is generally referred to as a Federal “backstop.” This approach requires less capital investment and makes “pricing” more accurate than a reinsurance approach. The program also requires insurers to maintain significant amounts of exposure through insurer deductibles and copayments, which creates market demand for the development of terrorism reinsurance in the private market. The current …
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article examines how a director’s social capital might affect his or her behavior, the board’s performance, and corporate governance, as well as the potential normative implications of the director’s social network. We argue that the quality of board performance could be improved where the social network closure within the board is high and there are many non-redundant contacts beyond the board. Network closure can improve trust and collaboration within a board, while external contacts may benefit a company with more diverse sources of information. Moreover, different network positioning leads to the inequality of social capital for directors. With more …
The Supreme Court, Madhav Khosla, Ananth Padmanabhan
The Supreme Court, Madhav Khosla, Ananth Padmanabhan
Faculty Scholarship
Over time, the Supreme Court of India has evolved from being a court of law to a major institutional actor in the political arena. The present chapter analyses this transition by directing external and internal lenses on the court’s functioning. The external lens reveals engagement by the Court with legislative and executive domains of governance, and the current concerns of transparency and accountability that it faces. The internal lens scrutinizes the Court’s success as a court of law and its capability to streamline the judicial process such that the judicial system lives up to the legitimate expectations of the litigant …
Probabilistic Compliance, Alex Raskolnikov
Probabilistic Compliance, Alex Raskolnikov
Faculty Scholarship
Uncertain legal standards are pervasive but understudied. The key theoretical result showing an ambiguous relationship between legal uncertainty and optimal deterrence remains largely undeveloped, and no alternative conceptual approaches to the economic analysis of legal uncertainty have emerged. This Article offers such an alternative by shifting from the well-established and familiar optimal deterrence theory to the new and unfamiliar probabilistic compliance framework. This shift brings the analysis closer to the world of legal practice and yields new theoretical insights. Most importantly, lower uncertainty tends to lead to more compliant positions and greater private gains. In contrast, the market for legal …
The Globalization Of Entrepreneurial Litigation: Law, Culture, And Incentives, John C. Coffee Jr.
The Globalization Of Entrepreneurial Litigation: Law, Culture, And Incentives, John C. Coffee Jr.
Faculty Scholarship
The fiftieth anniversary of Rule 23’s adoption in 1966 provides an opportunity to consider how legal change occurs. Law, culture, and incentives all play a role. But which dominates? The adoption of Rule 23 preceded a significant surge in the use of the class action, and some areas of litigation came to depend on Rule 23’s availability (e.g., securities litigation, antitrust litigation, and, for a time, mass torts litigation). Perhaps even more importantly, Rule 23 spurred the growth of the plaintiff’s bar, enabling small firms with a handful of lawyers to develop into major institutional firms of one hundred or …
Japan’S Adr System For Resolving Nuclear Power-Related Damage Disputes, Daniel H. Foote
Japan’S Adr System For Resolving Nuclear Power-Related Damage Disputes, Daniel H. Foote
Articles
This paper has dual aims. First, it introduces the Nuclear Power-Related Damage Claim Resolution Center, established in 2011 to handle disputes arising out of the March 2011 meltdown at the Fukushima Daiichi nuclear power plant. After first examining the genesis of that Center, this paper describes its structure and roles and discusses its performance, including the challenges it has faced and the accomplishments it has achieved. Second, this paper seeks to place that Center into the broader context of the overall development of alternative dispute resolution (ADR) in Japan and to assess its impact. Two major themes recur throughout this …
The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry
The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry
Faculty Publications
Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law does little to resolve worker classification problems on new platforms, such as ridesharing applications. Other forms of online work create even more complex problems, such as when work is disguised as an innocuous task like entering a code or answering a question, or when work is gamified and hidden as a leisure activity. Other …
Calling All The Statesmen: The (Not) Mubarak Trial, Lama Abu-Odeh
Calling All The Statesmen: The (Not) Mubarak Trial, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
I read the decision that exonerated ex-Minister of Interior of Egypt and his assistants from the charge of giving orders to kill demonstrators textually. Shortcomings known to lawyers and journalists who were following the case about failure of performance on the part either of prosecutors, lawyers, or the judge overseeing the trial are not considered in my reading. You might call it a close reading—specifically, a reading of the rationalizing language used by the judge writing the decision to explain his verdict.
Sex Quotas And Burkini Bans, Darren Rosenblum
Sex Quotas And Burkini Bans, Darren Rosenblum
Faculty Publications
This Essay recounts how feminist theorists and activists managed to write their ideals into the fabric of French law and culture, and how nonfeminists began to appropriate those ideals. Parité, the 2000 law that requires half of all candidates for public office be women, saw French feminists first engineer a change in French universalism to respect sex difference; although not wholly successful, Parité advanced women's political inclusion. Then, like a drop of water in a pond, these feminist ideas disappeared in plain sight: they became intrinsic to French state norms and public values. As they became woven into such norms, …
You’Re It! Tag Jurisdiction Over Corporations In Canada, Tanya J. Monestier
You’Re It! Tag Jurisdiction Over Corporations In Canada, Tanya J. Monestier
Journal Articles
In September 2015, the Supreme Court of Canada released its decision in Chevron v. Yaiguaje, a case that legal commentators had been keeping an eye on for years. The Chevron case has spanned several decades as well as several continents, and the enforcement action in Ontario was the latest in a series of procedural moves aimed at enforcing a nearly $10 billion Ecuadorian judgment against the oil giant. In Chevron, the plaintiffs sought to have the judgment enforced in Ontario against both Chevron (the judgment debtor) and Chevron Canada (a seventh-level indirect subsidiary of the judgment debtor). The Chevron case …
Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler
Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler
Cardozo Journal of Conflict Resolution
Since Roscoe Pound's famous 1906 speech to the American Bar Association on popular dissatisfaction with the administration of justice, the field of dispute resolution has taken up his cause. Frank Sander's speech at the 1976 Pound Conference marked a turning point in the field's growth and development within the United States. This symposium on its 40th Anniversary also marks a turning point: the globalization of alternative or appropriate dispute resolution ("ADR") in all its forms, in person and online, within and across national boundaries.
A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead
A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead
Cardozo Journal of Conflict Resolution
The time is here. The Latin American region cannot wait any longer; there is simply too much at stake: too many lives, too much potential, and, ultimately, too much waste. The discourse must change from focusing on Investor-State Dispute Settlement ("ISDS") at the international level to addressing the structural and systemic issues at the local level. This shift will strengthen the investor-State relationship and lead not only to the retention, but also the expansion of the Foreign Direct Investment ("FDI").
The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas
The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas
Cardozo Journal of Conflict Resolution
In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.
Can Mediation Deliver Justice?, Sherif Elnegahy
Can Mediation Deliver Justice?, Sherif Elnegahy
Cardozo Journal of Conflict Resolution
Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …
Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor
Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor
Cardozo Journal of Conflict Resolution
Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
What Will China Do When Land Use Rights Begin To Expire?, Gregory M. Stein
What Will China Do When Land Use Rights Begin To Expire?, Gregory M. Stein
Vanderbilt Journal of Transnational Law
China does not permit the private ownership of land. Instead, private parties may obtain the right to use property for up to seventy years. These parties own the structures on the land but not the underlying real estate. China's recent economic boom hinges on the success of its real estate market, but the government has not yet addressed three critical questions it must answer soon: Does the holder of a land use right have the ability to renew that right when it expires? If the holder has this ability, must it pay to renew the right? And, if the holder …
Original Foreign Affairs Federalism, Gary S. Lawson
Original Foreign Affairs Federalism, Gary S. Lawson
Faculty Scholarship
Two of the most doctrinally bewildering topics in American constitutional law are federalism and foreign affairs. Put the two together and it requires the patience of Job and the wisdom of Solomon to navigate, never mind make sense of, the judicial and political accommodations that have arisen over the course of more than two centuries concerning the relative roles of the national, state, and local governments in matters that implicate American involvement with foreign countries and citizens. I will not go so far as to say that Mike Glennon and Rob Sloane’s new book, Foreign Affairs Federalism: The Myth of …