Comparative and Foreign Law Commons^™

Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser

University of Miami Inter-American Law Review

No abstract provided.

The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz

University of Miami Inter-American Law Review

No abstract provided.

Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude

University of Miami Inter-American Law Review

No abstract provided.

Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis

University of Miami Inter-American Law Review

No abstract provided.

Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood

Texas A&M Law Review

This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.

Regulating Offshore Finance, William J. Moon

Faculty Scholarship

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Scholarly Articles

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.

The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte

Scholarly Articles

Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and included robust substantive and …

Book Review, Marcos Zunino, Justice Framed: A Genealogy Of Transitional Justice (2019), Mark A. Drumbl

Scholarly Articles

Transitional justice initiatives, broadly speaking, respond to systematic human rights abuses. These initiatives take multiple shapes and forms. This means that the actual practice of transitional justice is diverse and organic. Transitional justice discourse, however, is aspirational, normative and selective. It is less heterogeneous and far more directive. Marcos Zunino’s eye-opening book, Justice Framed, is about gaps between narrative discourse and tangible practice. It is about the effects of discourse on practice. More pointedly, Justice Framed is about how discourse ‘surfaces’ certain kinds of practices of the past while sidelining and ignoring others. Hence, to come full circle, this book …

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.

Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green

UC Law SF International Law Review

The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only—option in extreme …

Masthead

UC Law SF International Law Review

No abstract provided.

The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody

Scholarly Articles

This Article contributes to the literature by analyzing the normative shifts within the country's institutions, both pre- and post-genocide, and observes the role of women in restructuring the institutions as a major factor in the success that Rwanda enjoys today. By prioritizing gender equality in the recreation of its legal and economic structures, Rwanda is able to leverage the talents and capabilities of its entire population, and provides a model that can be applied to a number of other countries.

Part I details the historical underpinnings of the Rwandan genocide and humanitarian crisis. Part II addresses the efforts to establish …

What We Teach When We Teach German Constitutional Law: An Introduction To The Collection Memorializing Donald P. Kommers, Russell A. Miller

Scholarly Articles

The author posits that Americans’ interest in German constitutional law can be traced to a single source. Donald Kommers (1932-2018), the political scientist and legal scholar at Notre Dame, pioneered the field of comparative constitutional law and popularized German constitutional jurisprudence in the English speaking world with his groundbreaking study of the German Federal Constitutional Court, and his seminal, English-language treatise on German constitutional law that first published in 1989.

International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku

UC Law SF International Law Review

In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and …

The Adr Loophole To Restrictive Non-Compete Agreements, Jad Itani

Marquette Intellectual Property Law Review

This Comment considers a key question: do employers have a strategy to protect themselves if these restrictive states are restricting corporations from protecting their self-developed trade secrets? In doing so, Part II will discuss an approach that may allow employers to potentially circumvent the restrictive states. This can be achieved by requiring an employee to undergo private arbitration in a dispute with an employer—a strategy that has gained validity in light of the United States Supreme Court’s holding that upholds arbitration clauses even where significant public policy concerns exist. Specifically, an employer in a restrictive state could potentially enforce an …

International Satellite Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime —international satellite communications law, international satellite remote …

A Critical Study Of The Methodology Of Comparative U.S. Tort Law Research, Hassan Badini, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

In recent decades, legal comparative studies in Iran have increased drastically. The US tort law has fascinated many Iranian scholars and jurists. Yet, many of the comparative studies lack the necessary elements of a high-quality legal research. Different factors attribute to this problem. Among these factors are lack of in depth knowledge of the US legal system, incorrect translation of legal texts, incorrect citations and lack of access to resources. Furthermore, understanding the ways we can incorporate the US based tort law theories in Iran should be accompanied with the understanding of Iran’s socio-economic status. In addition, the tort law …

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu

UC Law SF International Law Review

The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these clauses’ …

Unraveling China's Capital Market Growth: A Political Economy Account, Tamar Groswald Ozery

SJD Dissertations

With modern, successful firms that operate globally and a capital market that is the second largest in the world, corporate governance in China has long passed the point of an “adjust or perish” prognostic. Yet its firm governance and capital market functions maintain strong idiosyncrasies that go against many fundamentals in economics and legal thought. These idiosyncrasies are products of the underlying configurations of China’s political economy and the shifts within it. Political economy in China has a determinant role on the ways corporate ownership is organized, firms operate, and the capital market functions. It is responsible for many of …

Public/Private Distinction In Islamic Jurisprudence: Reflection On Islamic Constitutionalism, Faris F. Almalki

Maurer Theses and Dissertations

The study seeks to attract scholars' attention to the importance of normative theory in the process of constitutionalism in the Islamic world. The study argues that Islamic jurisprudence requires a state or a public authority to ensure the conformity of outward with Islamic norms. Accordingly, the preservation of Islamic norms is a central value controlling the dynamics of public/private distinction. Thus, the central value determines the meaning of limited government, and the study argues this central value in constitutional level defines people's liberties. Then, the study discusses the effect of the Islamic normative theory on the liberal-Islamic model of constitutionalism. …

Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

Understanding International Tax Avoidance And Tax Evasion Post-Tcja, 53 Uic J. Marshall L. Rev. 975 (2019), Jennifer Waclawik

UIC Law Review

No abstract provided.

Implicit Limits On Amending The Japanese Constitution, Adam N. Sterling

Washington International Law Journal

Japan's Liberal Democratic Party has advocated many years for constitutional revision, and after attaining a two-thirds majority in both Houses of the Diet in 2017, Prime Minister Shinzō Abe is poised to move forward with that goal. The only hurdles to amending the Constitution of Japan are the amendment procedures stipulated in Article 96. The plain text of Article 96 requires a two-thirds vote in both Houses followed by popular referendum, but it poses no explicit limitations on the scope of any amendment even the amendment process itself is fair game at first glance. Nevertheless, Japanese scholars have claimed that …

A Comparative Analysis: Legal And Historical Analysis Of Protecting Indigenous Cultural Rights Involving Land Disputes In Japan, New Zealand, And Hawai'i, Zachary Browning

Washington International Law Journal

This article explores how courts in developed market economies address the tension between recognizing the rights of indigenous groups and addressing questions of land development that supposedly benefit the majority populations. Using a comparative approach, the article identifies three jurisdictions in the Pacific Rim with indigenous populations: (1) the State of Hawai‘i in the United States, (2) Japan, and (3) New Zealand and analyzes how land use courts and administrative bodies have addressed the thorny question pursuing development while fulfilling their obligations to indigenous populations. While the State of Hawai‘i has explicit state constitutional protections, Japan and New Zealand each …

The 'Wild West' Of Medicine: An Argument For Adopting The United Kingdom's 'Hfea' Framework, To Improve The Market For Assisted Reproduction In The United States, Ellen S. Fischer

Northwestern Journal of International Law & Business

No abstract provided.

Embracing Non-Icsid Investment Arbitration? The Chinese Perspective, Meng Chen

Northwestern Journal of International Law & Business

This article introduces and examines Chinese arbitration institutions’ recent movements to expand non-ICSID investment arbitration services, which could potentially contravene existing relevant Chinese laws and judicial practice, and it explores the prospects for non-ICSID investment arbitration in China. The article first compares ICSID and non-ICSID investment arbitration to determine the differences between them and their respective selling points for stakeholders in investment disputes. Next, the article examines the diverse mechanisms involved and highlights the different rules that govern non-ICSID arbitration, including the rules established by Chinese arbitration institutions in recent years. The article then further analyzes the obstacles in existing …

Rethinking The 1948 Genocide Convention For North Korean Political Camps, Hyunmok Lee

Maurer Theses and Dissertations

The term genocide implies attacks on only four groups – national, racial, ethnic and religious – enumerated in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. In terms of protection of political group, severe political persecutions targeting a certain political group would not establish a successful genocide charge in courts and international courts have rendered judgements applying crimes against humanity to such atrocities. However, it is important to consider the possibility of protecting political groups regarding the victims in the North Korean political camps were selected on political grounds and their groupness is …

Effective Assistance Of Counsel? An Empirical Study Of Defense Attorneys’ Decision-Making In False-Confession Cases, Sara C. Appleby, Hadley R. Mccartin

Cardozo Law Review de•novo

Although there is considerable literature on the causes of false confessions and the effects confession evidence has on juror decision-making, little research has examined attorneys’ decision-making in disputed confession cases. As the intervening step between when the confession is elicited and the case is resolved, it is crucial that research examine effects of confession evidence on this population. The current studies investigate defense attorneys’ knowledge and perception of key interrogation and confession issues as well as their decision-making in a disputed confession case. Overall, results show that defense attorneys are knowledgeable about key interrogation and confession issues and are aware …

A Cashless Economy: How To Protect The Low-Income, Samuel Erlanger

Cardozo Law Review de•novo

This Note discusses how cashless business practices disparately harm low-income individuals, minorities, and other groups, and proposes the need for federal, state, and local legislation to combat these impacts.