Comparative and Foreign Law Commons^™

America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre

Indiana Journal of Global Legal Studies

As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the …

Comparative Analysis As An Antidote To Tunnel Vision In Criminal Law Reform: The Example Of Complicity, Luis E. Chiesa

Journal Articles

In the context of criminal law reform, the tunnel vision that is produced by deeply embedded paradigms or patterns of criminality has the effect of stifling creativity. If left unchecked, the assumptions that serve as the backdrop to our criminal justice system will likely prevent reformers from giving serious consideration to alternatives that are in tension with the dominant patterns of criminality. I will end by arguing that one way of avoiding this outcome is by engaging in the comparative analysis of criminal law. Comparative analysis serves as a kind of “second opinion” that may help criminal law reformers to …

Pengelolaan Lingkungan Melalui Izin Terintegrasi Dan Berantai: Sebuah Perbandingan Atas Perizinan Lingkungan Di Berbagai Negara, Muhammad Andri Gunawan Wibisana

Jurnal Hukum & Pembangunan

Environmental permit is considered to play a central role in environmental management. There has been a growing intention in Indonesia for an integrated permit system, either in terms of internal integration, in which all environmental permits are integrated into a single permit, or external integration, in which environmental permits are integrated with business/activity license. This paper attemps to answer the questions of whether both ways of integrating environmental permits have been implemented in Indonesia. The paper also observes that although some contries have integrated various permits into a single environmental permit, the link between environmental permit and business/activity license remains …

Sesat Pikir Aplikasi Hermeneutika Hukum Menurut Hans-Georg Gadamer, Fernando Morganda Manullang

Jurnal Hukum & Pembangunan

Some legal writing written by legal scholars interpret legal text methodologically in their analysis, while seeking its philosophical foundation, namely Hans-Georg Gadamer’s legal hermeneutics. Such hermeneutics is part of Gadamer’s philosophical hermeneutics which can be applied to law, aside from theology and philology. Such hermeneutics employs in general and on ontological level thereof. Such understanding is unknown in jurisprudence, because the interpretation in jurisprudence is more methodological, an idea that Gadamer clearly opposes. Such scholarly legal perspective potentially creates some fallacies towards Gadamer's idea on legal hermeneutics

Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud

Indiana Journal of Global Legal Studies

This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …

Globalization: The Next 25 Years (Introduction), Alfred C. Aman

Indiana Journal of Global Legal Studies

A warm welcome to you all. Thank you for your participation in this very special milestone for this Journal. As you know, this symposium conference marks the twenty-fifth anniversary of the journal. Our first symposium conference was entitled "The Globalization of Law, Politics and Markets." Those papers were published in our first issue. I went back to that first issue not long ago, and found these lines:

"We currently stand at a watershed in the public law history of the United States. We have moved from local and state common-law, regulatory regimes that dominated the 19th and early 20th centuries, …

Is High-Finance An Extractive Sector?, Saskia Sassen

Indiana Journal of Global Legal Studies

The article examines some of the key features of high finance (henceforth, simply finance) from the angle of the mix of capabilities that constitute the sector. It has a radically different organizing logic from that of, for instance, the typical mass consumer-oriented corporation. The article posits that finance has de-bordered the narrowly defined notion of finance as simply "financial firms and markets." It emphasizes its capacity to financialize a growing range of material and non-material elements. This has also meant that the sector by now encompasses a very broad range of financial and nonfinancial institutions, different types of jurisdictions, a …

The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl

Indiana Journal of Global Legal Studies

Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …

Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.

Indiana Journal of Global Legal Studies

This brief essay uses global legal studies to reconsider Dr. Martin Luther King, Jr.'s activism after Gayle v. Browder. During this undertheorized portion of King's career, the civil rights leader traveled the world and gained a greater appreciation for comparative legal and political analysis. This essay explores King's first trip abroad and demonstrates how King's close study of Kwame Nkrumah's approaches to law reform helped to lay the foundation for watershed moments in King's own life. In To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr., renowned civil rights scholar and author, Adam …

The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps

Indiana Journal of Global Legal Studies

Chimeras, in the form of pig-human embryos engineered by CRISPR-Cas9 and other biotechnologies, have been created as potential sources of organs for transplantation. Against that background, and in an era of "precision medicine," this Article examines the concept of the global genetically modified person and asks whether humanness and personhood are being eroded, or finding new boundaries in intellectual property and constitutional law.

Lawyers In Africa: Brokers Of The State, Intermediaries Of Globalization - A Case Study Of The "Africa" Bar In Paris, Sara Dezalay

Indiana Journal of Global Legal Studies

Africa is the "Global Economy's Last Frontier"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial "looting" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the …

The Inevitable United States Adoption Of Ifrs: How And Why The United States Should Be Prepared, Erika M. Tribuzi

Indiana Journal of Global Legal Studies

In an age where technology makes the world smaller and business transactions happen by the microsecond, both private and public entities have utilized global standards. These standards are often voluntary and span many different industries. In the twenty-first century, financial reporting standards have not been immune toward the pull for global uniformity. The International Financial Reporting Standards (IFRS) are a set of international financial reporting standards that countries can choose to adopt in full or in part. Currently, there are 143 countries that have adopted IFRS in some capacity. This Note addresses the voluntary nature of global standards in the …

How To Improve The Debt Ceiling To Fit A Partisan Government: A Global Examination Of Which International Solutions Excel, Sarah Love

Indiana Journal of Global Legal Studies

This Note explores the changing role the debt ceiling has played within the United States and considers how that role should be altered moving forward. The debt ceiling's history and its political connections are discussed as a backdrop to how the United States might alter the debt ceiling to limit both future government shutdown and political gridlock. This Note examines both domestic and international solutions to the debt ceiling problem with an emphasis on the latter. In particular, the Note focuses on the possible international solution of adopting a system similar to Denmark's debt ceiling, or adopting a high debt-to- …

Rivals In Arms: Sino-U.S. Cooperation, Problems, And Solutions And Their Impact On The International Uav Industry, Bei-Er Cheok

Indiana Journal of Global Legal Studies

Research and development into drone technology has exploded in the United States in the recent decades. From the operation of killer drones in the military to agricultural survey drones in farms, the proliferation of drone technology is well on its way to radically altering the American future. However, there remains numerous laws, policies, and regulations that place stifling restrictions on drone development and operations in America. Halfway across the world, China has also begun to experience the "drone revolution," but with its relatively laxer laws regarding both commercial and public drone operations and manufacturing, it seems poised to surpass the …

Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii

Indiana Journal of Global Legal Studies

In the digital era, interactive streaming is now the preferred method for music consumers to access their favorite albums and songs. The traditional copyright system used to administer music rights and royalties has not evolved accordingly, which not only impedes progress by music platform innovators, but also frustrates artist, labels, and composers who are unable to reap the benefits of their music rights. This Note examines the complex process interactive streaming services undergo to obtain the rights necessary to stream music through their platforms, which involves a discussion of collective rights organizations. This Note then argues that the European Directive …

Peringkat Arus Investasi Indonesia Dalam Kerangka Asean-China Free Trade Agreement (Perbandingan Dengan Singapura, Malaysia, Thailand, Dan Vietnam) Ditinjau Dari Prinsip Fair And Equitable Treatment, Resha Roshana Putri, An-An Chandrawulan Prof., Prita Amalia

Jurnal Hukum & Pembangunan

In the investment sector in ASEAN-China Free Trade Agreement, all host countries are obligated to give the protections and legal certainty for investors in fair and equitable treatment principle. The investment relation in ACFTA is not only talking about the relation between Indonesia and China, but also how Indonesia shall compete with another ASEAN member states. Authors use juridical normative research method with literature studies. This research shows that Indonesia has not completely implemented the fair and equitable treatment for Chinese investors. There are the needs for changes in giving the protections for investors, specially in law and administration sides. …

Forum Selection Clauses And Consumer Contracts In Canada, Tanya J. Monestier

Journal Articles

Every day, billions of people use the online social media platform, Facebook. Facebook requires, as a condition of use, that users “accept” its terms and conditions—which include a forum selection clause nominating California as the exclusive forum for dispute resolution. In Douez v. Facebook, the Supreme Court of Canada considered whether this forum selection clause was enforceable, or whether the plaintiff could proceed with her suit in British Columbia.

The Supreme Court of Canada ultimately decided that the forum selection clause was not enforceable. It held that the plaintiff had established “strong cause” for departing from the forum selection clause. …

Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez

Faculty Scholarship

Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …

Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein

Articles

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.

The Transnational Judicial Dialogue Of The Supreme Court Of Canada And Its Impact, Klodian Rado

PhD Dissertations

Through personal interviews with ten current and former judges of the SCC, case analyses, a review of archival documents, and a quantitative examination of all judgments between 20002016, this study offers a comprehensive exploration of the mechanisms, extent, purpose, and effects of transnational judicial dialogue of the SCC and its justices. Contrary to expectations, SCC participation in this dialogue does not occur only through the citation of foreign judgments. Instead, the SCC incorporates almost all forms of non-domestic legal sources of both an international and a comparative nature (legal mechanisms). However, the judicial dialogue resulting from genuine engagement, interactions, and …

Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski

St. John's Law Review

(Excerpt)

When asking how fake news in social media can be combated under U.S. and German law, one must first take the systems’ most fundamental differences into consideration. U.S. law is characterized by its federal structure, the interaction of state laws often with the federal, U.S. Constitution, usage of pretrial discovery, as well as the role of juries in calculating damages. In contrast, Germany, as a civil law system, is characterized by its usage of separate legal actions to acquire information, lack of pretrial discovery, and broader array of available remedies, none of which allow for punitive damages. Through a …

The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak

University of Miami International and Comparative Law Review

No abstract provided.

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.

Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers

Journal of Comparative Urban Law and Policy

This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.

Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

No abstract provided.

Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons

Journal of Comparative Urban Law and Policy

Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this …

Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor

Journal of Comparative Urban Law and Policy

Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes …

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce

Journal of Comparative Urban Law and Policy

The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …

Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari

Journal of Comparative Urban Law and Policy

This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …

Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle

Journal of Comparative Urban Law and Policy

Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …