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2019

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Articles 61 - 90 of 350

Full-Text Articles in Comparative and Foreign Law

Editor's Note, John Mcmackin Aug 2019

Editor's Note, John Mcmackin

Indiana Journal of Global Legal Studies

As another year draws to a close, and another publishing cycle reaches completion, it is incumbent upon those of us here at the journal to recognize and thank several people.


The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth Aug 2019

The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth

Indiana Journal of Global Legal Studies

While theory offers important insights into property's normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship …


The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury Aug 2019

The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury

Indiana Journal of Global Legal Studies

The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the "dogmatic philosophy of recognition" and how they can be overcome through his articulation of "the Encounter" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. …


The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco Aug 2019

The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco

Indiana Journal of Global Legal Studies

This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU Court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights …


"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal Aug 2019

"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal

Indiana Journal of Global Legal Studies

President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …


The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers Aug 2019

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …


From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov Aug 2019

From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov

Indiana Journal of Global Legal Studies

Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). …


Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh Jul 2019

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …


Poland: Winds Of Change In The Act On Windfarms, Jacob T. Mcclendon Jul 2019

Poland: Winds Of Change In The Act On Windfarms, Jacob T. Mcclendon

Georgia Journal of International & Comparative Law

No abstract provided.


Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy Jul 2019

Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy, Rule-Of-Law, And Legal Ethics Education: Directing Lawyers To Support Democratization In Myanmar, Jonathan Liljeblad Jul 2019

Democracy, Rule-Of-Law, And Legal Ethics Education: Directing Lawyers To Support Democratization In Myanmar, Jonathan Liljeblad

Georgia Journal of International & Comparative Law

No abstract provided.


Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy Jul 2019

Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal Of International And Comparative Law Jul 2019

Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas Jul 2019

Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas

Georgia Journal of International & Comparative Law

No abstract provided.


Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton Jul 2019

Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton

Georgia Journal of International & Comparative Law

No abstract provided.


Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le Jul 2019

Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden Jul 2019

Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian Jul 2019

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo Jul 2019

Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents And Masthead - Vol. 47, Issue No. 1, Georgia Journal Of International And Comparative Law Jul 2019

Table Of Contents And Masthead - Vol. 47, Issue No. 1, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework, Jordan Elizabeth Pahl Jul 2019

Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework, Jordan Elizabeth Pahl

Washington International Law Journal

This Comment examines three instances of laws banning hijab, the headscarf worn by many Muslim women. These laws, as enacted in Soviet Uzbekistan, France, and Tajikistan provide justifications for violence against women on a number of levels and, as such, violate the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The stigmatization of Muslim women these laws perpetuate result in women’s lack of access to work and education as guaranteed by CEDAW, and also act as a catalyst for violence against women who violate these laws. This paper argues that hijab suppression laws violate CEDAW …


Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan, Agnes S. Schick-Chen Jul 2019

Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan, Agnes S. Schick-Chen

Washington International Law Journal

Referring to Taiwan’s recent transitional justice legislation as a first tentative step towards the possibility of judicial solutions for problems of injustice dating from the authoritarian era, this paper elaborates chances and difficulties of introducing the judiciary to the ongoing processes of coming to terms with the past in Taiwan. It intends to argue that apart from the specific circumstances of Taiwan’s transition to democracy after the lifting of martial law in 1987, the avoidance of a judicial approach to transitional justice was both caused by and the reason for a deficit in narratives of judicial justice. Together with the …


Judges Versus Jurors: Biased Attributions In The Courtroom, Goran Dominioni, Pieter Desmet, Louis Visscher Jul 2019

Judges Versus Jurors: Biased Attributions In The Courtroom, Goran Dominioni, Pieter Desmet, Louis Visscher

Cornell International Law Journal

The fundamental purpose of a tort trial is to allocate responsibility. However, attributing fault is difficult, and decades of research in psychology have shown that human beings are prone to make systematic errors in performing this task. What can be done about this? The United States and countries in continental Europe adopt diametrically opposed strategies to reduce errors in the attribution of responsibility in the courtroom. American law delegates fact-finding to jurors and makes some type of evidence inadmissible in court to protect jurors from potentially biasing information, such as character evidence. European legal systems, instead, employ almost exclusively judges …


The Diffusion Of Legal Innovation--Insights From Mathematical Modeling, Michal Shur-Ofry, Gadi Fibich, Shira Green Jul 2019

The Diffusion Of Legal Innovation--Insights From Mathematical Modeling, Michal Shur-Ofry, Gadi Fibich, Shira Green

Cornell International Law Journal

Do countries adopt legal rules due to independent, top-down processes, or do laws spread among nations in a manner that resembles the diffusion of new products and innovations in a social network? We empirically examine this question by employing an influential mathematical model based on sociological diffusion theory and frequently used for analyzing the diffusion of innovations (the Bass model). Our findings indicate that more often than not, the temporal diffusion of legal rules displays a good fit to the Bass model and suggest that this model can provide new insights in studying the diffusion of laws. Particularly, applying the …


Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai Jul 2019

Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai

UC Law SF International Law Review

As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic organ …


The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku Jul 2019

The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku

UC Law SF International Law Review

The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex, and …


Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen Jul 2019

Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen

UC Law SF International Law Review

In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues …


Prefatory Matter Jul 2019

Prefatory Matter

UC Law SF International Law Review

No abstract provided.


Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson Jul 2019

Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson

UC Law SF International Law Review

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …


The "Gaps" And Excesses Of Transitional Justice In Taiwan—A Response To Caldwell, Ian Rowen Jul 2019

The "Gaps" And Excesses Of Transitional Justice In Taiwan—A Response To Caldwell, Ian Rowen

Washington International Law Journal

Ernest Caldwell’s legal history of transitional justice in Taiwan provides scholars a great service by periodizing and clearly summarizing key moments for the formulation and passage of relevant legislation. In so doing, however, it frames ongoing and perhaps ultimately unresolvable struggles over the meaning of history and the possibility of redress for past injustices as “gaps” within “Taiwan’s transitional justice experience,” belying a seemingly ahistorical conceptualization of transitional justice. The language of “gaps” suggests that transitional justice is a practice with a clearly defined and universally-accepted template, toolkit, and timeline, such that there is a commonly-understood set of criteria by …