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Comparative and Foreign Law Commons™

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2019

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Articles 331 - 350 of 350

Full-Text Articles in Comparative and Foreign Law

Making Land Titles In India Marketable: Using Title Insurance As A Viable Alternative To Conclusive Titling, Anirudh Burman Jan 2019

Making Land Titles In India Marketable: Using Title Insurance As A Viable Alternative To Conclusive Titling, Anirudh Burman

Washington International Law Journal

Though land comprises a significant component of the total asset portfolio of Indian households, the quality of land titles is poor. So far, policies have been directed at improving government records, with the objective of being able to issue titles that are “conclusive” in nature, and an indemnity system run by the state that compensates those who suffer from errors or omissions of government agencies maintaining such records. This paper explores an alternative method of reaching the same objective—title insurance. Recently, the 2016 Real Estate Regulation Act has allowed state governments to require title insurance for real estate projects. There …

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Crouching Tigers And Hidden Dragons On The Great Wall Street: Decoding The Corporate Goverance Of Chinese Commercial Banks, Yueh-Ping (Alex) Yang Jan 2019

Crouching Tigers And Hidden Dragons On The Great Wall Street: Decoding The Corporate Goverance Of Chinese Commercial Banks, Yueh-Ping (Alex) Yang

Washington International Law Journal

As China’s economic influence on the world grows, its system of state capitalism is likewise receiving increasing scrutiny. Behind the state capitalism, China’s banking sector, the “Great Wall Street”—parallel to the “Wall Street” in the United States—plays a fundamental role in financing and supporting China’s economy. Contemporary studies of China’s state capitalism, however, focus mainly on Chinese state-owned enterprises, leaving less attention specific to China’s state-owned banking sector which adopts a rather different corporate governance practice. In this paper, I conduct a comprehensive and critical review of the bank governance practice in China. Statutorily, Chinese commercial banks generally follow corporate …

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Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg Jan 2019

Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg

Articles

Binaries are helpful but deceptive, and this may be particularly true of simplistic theological dichotomies purporting to show that the Talmud is "Nitpicking" and Christian Biblical understandings "Expansive", or that Jews believe in the "letter" and Christians in the "spirit", Jews in strict Justice and Christians in "mercy", etc. This essay, which focuses on the character of Shylock and the legalistic cruelty inflicted upon him by Venice's Christians, dissolves such Binaries, leaving in their wake greater clarity about the contrary need to "re-binarize" the falsely unified hyphenated adjective "Judaeo-Christian".

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The New Social Contracts In International Supply Chains, David Snyder Jan 2019

The New Social Contracts In International Supply Chains, David Snyder

Scholarly Articles in Law Reviews & Journals

This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …

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The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein Jan 2019

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok Jan 2019

An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok

Articles & Chapters

New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …

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Comments On Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit By Susan Rose-Ackerman, Nicholas Almendares Jan 2019

Comments On Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit By Susan Rose-Ackerman, Nicholas Almendares

Articles by Maurer Faculty

No abstract provided.

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Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang Jan 2019

Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang

Washington International Law Journal

The WTO Agreements emphasize free trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization, especially regarding the political control and the one-party system of “democratic dictatorship.” China’s joining the WTO, therefore, may be considered as a development that changes the regulatory structure to become more diverse, deregulated, and decentralized. This paper, however, finds the opposite. Under the WTO law, China is encouraged to move towards greater uniformity and centralization with its decentralized and non-uniform settings under the market policy. Moreover, the WTO’s uniform and centralized encouragements can be integrated into the rule-by-man …

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The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels Jan 2019

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Articles

No abstract provided.

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Model Law On Cross-Border Insolvency Comes Of Age: New Times Or New Paradigms, Gerard Mccormack, Wai Yee Wan Jan 2019

Model Law On Cross-Border Insolvency Comes Of Age: New Times Or New Paradigms, Gerard Mccormack, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This year (2018) the Model Law on Cross-BorderInsolvency comes of age and celebrates its 21st birthday. It has been something of a successinternationally. The major common lawjurisdictions including the United Kingdom (UK), the United States (US), Canadaand Australia have changed their domestic laws on cross-border insolvencycooperation based on the model law provisions and so too has Japan and Korea. But theemerging global super powers of China and India have remained resistant and sotoo have most of the European Union (EU) member states including the economicpower houses of France and Germany. Nevertheless, the number of international acceptances is growing slowlyincluding most …

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Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh Jan 2019

Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article examines the evolution of Taiwan’s engagement in Southeast Asia since the 1990s as a unique case study in international law and international relations (IR). Under the one-China policy, the evolution of bilateral relations with Taiwan highlights the theoretical concept of recognition premised on identity and status in interstate affairs. The article argues that the states of the Association of Southeast Asian Nations (ASEAN) have established diverse forms of recognition of Taiwan in line with a policy of non-recognition. While such recognition has not amounted to recognition of statehood in international law, it demonstrates the IR concept of recognition …

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Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala Jan 2019

Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

Managing the euro crisis has been a process of institutional transformation for the EU. The European Semester has emerged as a powerful tool for economic policy coordination between the Member States. Beyond the new enforcement tools that the Semester affords the Commission and Council in case of non-compliance with country-specific recommendations, the management of the crisis has given the Commission experience in structural reforms. The Commission now regularly uses this experience in formulating its yearly country-specific recommendations to Member States. Far from a stalwart of untethered neoliberalism, the Commission has been fashioning itself as the manager with a human face, …

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Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao Jan 2019

Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao

Faculty Scholarship

Through an in-depth empirical investigation, this article discloses for the first time how and why land reform programs in the name of empowering and enriching farmers have been serving the purpose of Chinese local governments to compromise the rights revolution in the Chinese national expropriation regime. The concept of “transferable development rights” (TDRs) is simple: development rights from one parcel of land are lifted up and transferred to another. Upon a detailed examination of land tickets in Chongqing and Chengdu, the southwestern Chinese application of TDRs, this article reveals that local governments in both cities have created schemes of land …

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The Constitution As Poetry, Samuel J. Levine Jan 2019

The Constitution As Poetry, Samuel J. Levine

Scholarly Works

Building upon a body of scholarship that compares constitutional interpretation to biblical and literary interpretation, and relying on an insight from a prominent nineteenth century rabbinic scholar, this Article briefly explores similarities in the interpretation of the Torah—the text of the Five Books of Moses—and the United States Constitution. Specifically, this Article draws upon Rabbi Naftali Zvi Yehudah Berlin’s (“Netziv”) intriguing suggestion that the interpretation of the text of the Torah parallels the interpretation of poetry. According to Netziv, this parallel accounts for the practice of interpreting the Torah expansively in ways that derive substantive legal rules and principles far …

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Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson Jan 2019

Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson

Faculty Articles

Roughly a quarter of a century ago, developing countries, in large numbers, signed on to the 1994 revision of the General Agreement on Tariffs and Trade3 ("GKTT 1994") and to membership in its umbrella institution, the World Trade Organization ("WTO"). Notwithstanding their erstwhile reluctance to do business with and compete against developed countries that in many instances had been colonial oppressors, they took on substantial obligations under the WTO agreements. Developing countries did so, in part, because they feared being left behind economically in a world where free trade prospered.

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Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis... Jan 2019

Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis...

University of Colorado Law Review

No abstract provided.

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Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim Jan 2019

Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim

Publications

At first glance, religious courts, especially Sharia courts, seem incompatible with secular, democratic societies. Nevertheless, Jewish and Islamic courts operate in countries like the United States, England, and Israel. Scholarship on these religious courts has primarily focused on whether such religious legal pluralism promotes the value of religious freedom, and if so, whether these secular legal systems should accommodate the continued existence of these courts. This article shifts the inquiry to determine whether religious courts in these environments accommodate litigants’ popular opinions and the secular, procedural, and substantive justice norms of the country in which they are located. This article …

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Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy Jan 2019

Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy

Publications

This article will first offer a functional synopsis relevant to its remit, of the concept of sustainable development (SD) embodied in international law and policy that reflects a tension between economic and social claims as contrasted with environmental protection. While the dominant place acquired by the economic and social dimensions of SD will be recognized, it will argue consistent with the predicate of justice discussed in the article, that the protection of the human environment encompasses the plight of the energy poor and their women and children. Second, the article will delineate the contours of one of the great developmental …

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The Most Fundamental Right, Nicholas A. Robinson Jan 2019

The Most Fundamental Right, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.

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California Dreaming?, Darren Rosenblum Jan 2019

California Dreaming?, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Over the past few years, California became the setting for shocking tales of sex inequality and abuse in Hollywood and Silicon Valley. Decades after women achieved educational parity. men still run the corporate world. In response to these stories exposed by the #MeToo movement, California joined the transnational corporate board quota movement by converting its voluntary quota into a hard one. Will California's first mover status overcome constitutional objections and inspire other jurisdictions to act. Or is just Utopian dreaming, California-style? This Essay argues that despite its many flaws, the quota may succeed in curbing male over-representation on corporate boards. …

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