Comparative and Foreign Law Commons^™

The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat, are …

Transfer Of Ownership In Orbit: From Fiction To Problem, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

For many years, the concept of transfer of ownership of a satellite in orbit was not something on the radar screen of anyone seriously involved in space law, if indeed it was not considered a concept of an essentially fictional nature. Space law after all developed, as far as the key UN treaties were concerned, in a period when only States—and only very few States at that—were interested in and possessed the capability of conducting space activities, and they did so for largely military/strategic or scientific purposes. The idea of transferring ownership over satellites or other spacecraft involved in such …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang

Cardozo Journal of Conflict Resolution

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …

A Legal Study On The Internal Control System For Direction Of Legislation In Korea, Sungbum Kwon

Maurer Theses and Dissertations

The concept of internal control began in accounting professional groups, gradually expanded to the administrative control and the risk management from accounting control, and became an important area that cannot be excluded from the operation of the public companies in the U.S.

When the Enron scandal struck the credibility of the stock market in the U.S. in 2001, the authorities implemented reformative measures including the SOX enactment to protect investors. Although there has been a controversy over this legislation since the enactment of the SOX, it appears that the U.S. capital market has been restoring confidence with the efforts of …

Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed

Maurer Theses and Dissertations

The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit …

Intellectual Property Rights For "Hubots": On The Legal Implications Of Human-Like Robots As Innovators And Creators, Amir Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Academy On Human Rights And Humanitarian Law Articles And Essays On Extractive Industries And Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pnzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2016 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Access To Data Across Borders: The Critical Role For Congress To Play Now, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Legislative Sovereignty, Executive Power, And Judicial Review: Comparative Insights From Brexit, René Reyes

Michigan Law Review Online

In June 2016, participants in a United Kingdom referendum voted to leave the European Union (EU) by a margin of 52% to 48%. The timing and terms of Britain’s exit (commonly known as “Brexit”) are the subject of on-going public and parliamentary debate. But the mechanism by which Brexit is to be formally commenced was clarified by the U.K. Supreme Court at the end of January 2017 in the landmark case R (Miller) v. Secretary of State for Exiting the European Union. The question presented was whether ministers of Theresa May’s government could give notice of the U.K.’s withdrawal …

Putting The Substance Back Into The Economic Substance Doctrine, Nicholas Giordano

Brooklyn Journal of Corporate, Financial & Commercial Law

The foreign tax credit, which saves U.S. taxpayers from paying both foreign and domestic income taxes on the same income, is critical to facilitating global commerce. However, as savvy taxpayers discover increasingly complicated ways to abuse the foreign tax credit regime through the structuring of business transactions, courts have become increasingly skeptical of the validity of those transactions. Using the economic substance doctrine, a common law doctrine codified in 2010 at I.R.C. § 7701(o), courts will disallow tax benefits stemming from a transaction that is not profitable absent its tax benefits, and which the taxpayer had no incentive to undertake …

Accountability In Corporate Governance In China And The Impact Of Guanxi As A Double-Edged Sword, Andrew Keay, Jingchen Zhao

Brooklyn Journal of Corporate, Financial & Commercial Law

Accountability is an essential aspect of corporate governance and it has been argued that the “wenze” system of accountability in China comes very close to the accountability systems developed in Anglo-American corporate governance. This Article examines the role of cultural factors, namely guanxi and its derivatives, in corporate governance in China to determine what effect, if any, these cultural factors have on the operation and development of the “wenze” system in large listed companies. The Article specifically considers whether the cultural elements affect accountability, and if so, how and to what extent. It also explores whether these cultural factors are …

Voice And Exit As Accountability Mechanisms: Can Foot-Voting Be Made Safe For The Chinese Communist Party?, Roderick M. Hills Jr., Shitong Qiao

Faculty Scholarship

According to Albert 0. Hirschman's famous dichotomy, citizens can express their preferences with their "voice" (by voting with ballots to elect better representatives) or by "exit" (by voting with their feet to choose better places to live). Suppose, however, that ballot-voting is ineffective: Can exit not merely aid but also replace voice? Using the People's Republic of China, a party state without elective democracy as a case study, we argue that exit is not a substitute for, but rather a complement to, voice. China's bureaucratic promotion system plays the same role that local elections do in the United States, promoting …

What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young

Faculty Scholarship

No abstract provided.

Capacitating Services And The Bottom-Up Approach To Social Investment, Charles F. Sabel, Jonathan Zeitlin, Sigrid Quack

Faculty Scholarship

A crucial component of the new social investment paradigm is the provision of capacitating social services aimed at the early identification and mitigation of problems. We argue that conceiving of this paradigm change as a comprehensive and concerted investment is misguided. That perspective ignores more practical, piecemeal approaches in which costs and benefits are clarified through efforts at implementation, rather than estimated ex ante. Similarly, in this bottom-up approach, reform coalitions are not formed through comprehensive initial bargaining, but rather developed on the fly as programmes demonstrate their benefits and create clienteles. A crucial proviso is that decentralized efforts are …

Toward Building A Legal Knowledge-Base Of Chinese Judicial Documents For Large-Scale Analytics, Amarnath Gupta, Alice Z. Wang, Kai Lin, Haoshen Hong, Haoran Sun, Benjamin L. Liebman, Rachel E. Stern, Subhasis Dasgupta, Margaret Roberts

Faculty Scholarship

We present an approach for constructing a legal knowledge-base that is sufficiently scalable to allow for large-scale corpus-level analyses. We do this by creating a polymorphic knowledge representation that includes hybrid ontologies, semistructured representations of sentences, and unsupervised statistical extraction of topics. We apply our approach to over one million judicial decision documents from Henan, China. Our knowledge-base allows us to make corpus-level queries that enable discovery, retrieval, and legal pattern analysis that shed new light on everyday law in China.

Authoritarian Justice In China: Is There A Chinese Model?, Benjamin L. Liebman

Faculty Scholarship

Most recent Western popular and scholarly writing on legal reform in China has focused on two apparently contradictory trends. Since coming to power in 2012 China's new leadership has significantly curtailed the limits of permissible legal activism, highlighted most clearly by the detention and prosecution of numerous leading lawyers and academics. The Party-state has also increased oversight and control over legal education and has explicitly rejected the relevance of Western models of legality for China, including concepts such as judicial independence. At the same time, China's leadership has announced some of the most significant legal reforms in decades, in particular …

Federalism And Health Care In Canada: A Troubled Romance?, Colleen M. M. Flood, William Lahey Prof., Bryan P. Thomas

Articles, Book Chapters, & Popular Press

Canadian federalism fragments health system governance. Although the Constitution has been interpreted as providing shared jurisdiction over health generally, with respect to health care, the courts have interpreted it as giving direct jurisdiction to the provinces. The federal role in health care is therefore indirect, but nevertheless potentially powerful. For example, the federal government has used its spending powers to establish the Canada Health Act (CHA), which commits funding to provinces on condition they provide first-dollar public coverage of hospital and physician services. However, in recent times, as federal contributions have declined, the CHA has been weakly enforced. …

Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure.

By contrast, this thesis adopts a socio-legal approach and argues …

What Is The Purpose Of The Orphan Drug Act?, Matthew Herder

Articles, Book Chapters, & Popular Press

The Orphan Drug Act (ODA) [1], first enacted in the United States in 1983, was set up to encourage the development of drugs for rare diseases. At that time, drug therapies for such diseases were rarely developed. Three decades later, a growing proportion of industry research and development (R&D) [2] and regulatory drug approvals [3] target diseases affecting fewer than 200,000 persons in the United States, the prevalence-based threshold of rare disease under the ODA.

In a new article published in PLOS Medicine, Aaron Kesselheim and colleagues document an embedded trend: within the …

Next Up: A Proposal For Values-Based Law Reform On Unilateral Withholding And Withdrawal Of Potentially Life-Sustaining Treatment, Jocelyn Downie, Lindy Willmott, Ben White

Articles, Book Chapters, & Popular Press

As the legalization of assisted dying shifts from a project for law reform to one of implementation, the gaze for Canadian end of life law and policy academics and practitioners should be turned quickly to another pressing issue – the unilateral withholding and withdrawal of potentially life-sustaining treatment. What should happen when the health care team believes that treatment should not be provided and the patient’s loved ones believe that it should? While the future of end of life law and policy no doubt includes many other issues, this is an urgent and immediate horizon issue for Canada as well …

Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke, Erika George

Faculty Scholarship

In honour of Justice Dikgang Moseneke, this essay takes up his invitation to imagine an ethos consistent with South African Constitutionalism, one which could promote economic justice. This essay explores how the tools of international economic law as utilised by South Africa could serve as a means of transformation to advance the end of a more inclusive economic globalisation. South Africa's trade policies and participation in international business and human rights policy initiatives are offered as illustrations of a shift towards asserting interests aligned with the country's constitutional economic justice commitments. First, emphasising Justice Moseneke's writings outside of his rulings …

An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk

Articles

The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival. Why is an ERA desired now, when judges have interpreted the Fourteenth Amendment to prohibit …

Book Review, Ahmed White

Publications

No abstract provided.