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Comparative and Foreign Law Commons

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2017

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Articles 91 - 120 of 354

Full-Text Articles in Comparative and Foreign Law

A Picture's Worth: The Future Of Copyright Protection Of User-Generated Images On Social Media, Elizabeth Tao Aug 2017

A Picture's Worth: The Future Of Copyright Protection Of User-Generated Images On Social Media, Elizabeth Tao

Indiana Journal of Global Legal Studies

In the current digital age, the internet is teeming with personal websites and social media posts. As more people around the world are becoming and staying connected to the internet, more stories and photos are sharing over social networking sites each second. Social media presents a ubiquitous platform to share one's life with others, but this accessibility comes at a price. This Note examines the history and present state of copyright law, within the framework of photography, to highlight the gaps within these laws as applied to personal works of art, like personal photographs, posted to social media sites. Social …


Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger Aug 2017

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review (2009 - Present)

No abstract provided.


The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College Aug 2017

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review (2009 - Present)

No abstract provided.


Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian Aug 2017

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review (2009 - Present)

No abstract provided.


Quasi-Constitutional Amendments, Richard Albert Aug 2017

Quasi-Constitutional Amendments, Richard Albert

Buffalo Law Review

No abstract provided.


Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens Jul 2017

Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens

Chicago-Kent Law Review

The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …


In Re Akhbar Beirut & Al Amin, Monica Hakimi Jul 2017

In Re Akhbar Beirut & Al Amin, Monica Hakimi

Articles

On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.


A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland", Malick W. Ghachem Jul 2017

A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland", Malick W. Ghachem

Maine Law Review

Christopher Johnson has dug deeply into a neglected corner of comparative law and emerged with some fascinating and important contrasts. Finland does not appear often on the radar screen of American legal scholars, even those who primarily focus is comparative law. And so we are indebted to Johnson for reminding us that critical comparative insights can arise out of studying the experiences of nations deemed “marginal” to the international system, and to mainstream comparative law scholarship (which itself occupies a position of uncertain import in American legal scholarship generally). Johnson’s findings are all the more significant because they come from …


Oil And Reform A La Mexicana, John Baker Jul 2017

Oil And Reform A La Mexicana, John Baker

Florida State University Law Review

Mexico’s recent Energy Reform sent a shock to upend its seventy-five-year-old petroleum monopoly, hoping to cure the ailing industry with injections of foreign investment. Mexico sought to undo a history of state control overnight, but present challenges show that history cannot be undone so easily. This Note addresses the practical significance of the Reform within the context of Mexico’s tumultuous oil history. This context aids in defining the cause and contours of post-Reform challenges to measure future expectations accordingly. The Reform was a necessary step that required herculean efforts to effectuate; however, future growth will require sustained efforts. Long-term economic …


Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia, David Landau Jul 2017

Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia, David Landau

Scholarly Publications

This article, prepared for a conference on “The External Dimensions of Constitutions” held at the University of Cambridge in September 2016, explains how the Colombian Constitutional Court constructed a set of rights for a group of vulnerable insiders—victims of the country’s long-running internal armed conflict. The Court based its jurisprudence on a 1991 constitutional design that turned towards international law as a way of resolving a severe domestic crisis of violence and legitimacy. The Court has drawn heavily on principles of international human rights law and international humanitarian law to develop a set of protections for Colombia’s massive population of …


Advancing Migrants’ Rights In The United States Using International Law, Lisa Reinsberg, Brittany West Jul 2017

Advancing Migrants’ Rights In The United States Using International Law, Lisa Reinsberg, Brittany West

UC Law SF International Law Review

No abstract provided.


Low-Wage Workers And Bullying In The Workplace: How Current Workplace Harassment Law Makes The Most Vulnerable Invisible, E. Christine Reyes Loya Jul 2017

Low-Wage Workers And Bullying In The Workplace: How Current Workplace Harassment Law Makes The Most Vulnerable Invisible, E. Christine Reyes Loya

UC Law SF International Law Review

No abstract provided.


Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer Jul 2017

Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer

UC Law SF International Law Review

The last decade has seen an increase in focus on the plight of the unrepresented, as well as a recognition that these needs are growing dramatically. In 2006, the American Bar Association formally adopted a resolution calling for the provision of counsel to low income individuals in cases involving shelter, sustenance, safety, health and child custody. The ABA recognized the social costs in each of these areas when counsel is not available.


Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi Jul 2017

Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi

UC Law SF International Law Review

No abstract provided.


The Reception And Processing Of Minors In The United States In Comparison To That Of Australia And Canada: Would Being A Party To The Un Convention On The Right Of The Child Make A Difference In U.S. Courts?, Eliana Corona Jul 2017

The Reception And Processing Of Minors In The United States In Comparison To That Of Australia And Canada: Would Being A Party To The Un Convention On The Right Of The Child Make A Difference In U.S. Courts?, Eliana Corona

UC Law SF International Law Review

No abstract provided.


International Standards On Business And Human Rights: Is Drafting A New Treaty Worth It?, Connie De La Vega Jul 2017

International Standards On Business And Human Rights: Is Drafting A New Treaty Worth It?, Connie De La Vega

UC Law SF International Law Review

No abstract provided.


Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad Jul 2017

Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad

Dissertations & Theses

Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. Islam offers a holistic view of God’s creation and the Qur’an clearly sets forth duties to care for the Earth. In the past, most people have ignored the world-wide trends of environmental degradation which scientist have reported. There is a pressing need to expand education and public awareness about the threats …


The World’S Trademark Powerhouse: A Critique Of China’S New Trademark Law, Xuan-Thao Nguyen Jun 2017

The World’S Trademark Powerhouse: A Critique Of China’S New Trademark Law, Xuan-Thao Nguyen

Seattle University Law Review

China has become the world’s trademark powerhouse with the largest number of trademark registrations for goods and services. Parallel to the new rise is the explosion of scandals concerning trademarked goods, causing numerous deaths, massive hospitalizations, and consumer defection from domestic brands. Instead of having a trademark law with consumer protection as the cornerstone, China’s new Trademark Law will cement China as the world’s manufacturer of trademarks. This Article is the first to critically examine China’s new Trademark Law. The new law mainly centers on creating procedural measures for more trademark registrations, maintaining China’s trademark registration powerhouse status, and perpetuating …


A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark Jun 2017

A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark

Georgia Journal of International & Comparative Law

No abstract provided.


"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda Jun 2017

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.


No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand Jun 2017

No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand

Georgia Journal of International & Comparative Law

No abstract provided.


Adoption In China: Past, Present And Yet To Come, Margaret Ryznar Jun 2017

Adoption In China: Past, Present And Yet To Come, Margaret Ryznar

Georgia Journal of International & Comparative Law

No abstract provided.


The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke Jun 2017

The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke

Georgia Journal of International & Comparative Law

No abstract provided.


"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui Jun 2017

"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui

Georgia Journal of International & Comparative Law

No abstract provided.


Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson Jun 2017

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn Jun 2017

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …


Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans Jun 2017

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans

Pace Environmental Law Review

The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.


Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher Jun 2017

Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher

Washington International Law Journal

Article sixty-one of the Afghan Constitution requires a candidate to win an absolute majority of votes to become the president. This constitutional rule comprises a runoff clause, which prescribes a second round of elections between the two front-runners should no candidate win over 50% of the votes in the first round. While this article agrees with the majority view of Afghan scholars and politicians who see the runoff clause as instrumental to developing trans-ethnic coalitions and governments, it distinguishes between the formation of alliances and their consolidation. Ultimately, this article posits that the runoff clause actually impedes the long-term success …


The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld Jun 2017

The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld

Washington International Law Journal

The international focus on sustainable development, and lessening the damage to our environment, can be seen in numerous international conventions and the laws of many individual countries. While most countries around the world have attempted some action to lessen the impact of global warming, not all of these efforts have been successful. Notably, Syria created numerous legal reforms aimed at sustainable development, but has had difficulty implementing these reforms. Contrarily, Morocco, a country with similar climate and obstacles in implementing sustainable development has had great success. A question remains as to whether the lack of implementation of sustainable development practices …


The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page Jun 2017

The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page

Washington International Law Journal

“Neurolaw” is the emerging field of Law and Neuroscience that has the potential to lend insight into an offender’s mental state and influence criminal responsibility. In New South Wales, Australia, courts allow neuroscientific evidence of an offender’s cognitive impairment as a consideration in sentencing proceedings. In this comment, I discuss the discretionary nature of New South Wales’ sentencing regime and the limitations of how neuroscience may be utilized within that regime. Although neuroscientists can address the association of an offender’s cognitive impairment with the commission of a crime, they cannot identify, with certainty, a causal relationship. I analyze an original …