Comparative and Foreign Law Commons^™

Reds, Whites, And Sulfites: Examining Different Organic Wine Regulation Practices In The United States And The European Union, Ryan Puszka

Northwestern Journal of International Law & Business

Abstract:

This note examines the history of regulation within the organic wine industry in the U.S. and the E.U. and explores the motivations behind the production of organic wine in these two regions. The variance in the historical significance of wine between these two regions is reflected in the contemporary differences between the two regions’ rules for organic wine certification. In 2012, the U.S. and the E.U. entered into a comprehensive organic equivalency agreement that covered nearly all organic agricultural products but due to significant differences in the two regions’ regulatory schemes concerning the inclusion of added sulfites in wine, …

The 2020 Philip C. Jessup International Law Moot Court Competition- Memorial For Respondent

ILSA Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Data Privacy Impacted By Covid-19 Contact Tracing In The European Union, The United States, And Israel: Sacrificing Civil Liberties For A Public Health Emergency, Rachel L. Trotogott

ILSA Journal of International & Comparative Law

No abstract provided.

Constitutionalizing Nature's Law: Dignity And The Regulation Of Biotechnology In Switzerland, James Toomey

Elisabeth Haub School of Law Faculty Publications

The Swiss Constitution was amended by referendum in 1992 to include two unique provisions: Article 119, which imposes strict limits on genetic and reproductive technologies in humans in order to protect ‘human dignity’, and Article 120, which commits the Swiss federal government to limiting genetic technologies in non-human species on the basis of the ‘dignity of the creature’. This article analyzes the role of ‘dignity’ as a limit on biotechnologies in the Swiss constitutional order. It concludes that the understanding of dignity the constitution embraces codifies a contestable metaphysical theory of value at the constitutional level. Specifically, the Swiss constitutional …

Lights, Camera, State Action: Manhattan Community Access Corp. V. Halleck, Graham L. Fisher

Cardozo Law Review de•novo

It is a well-established rule that constitutional constraints governing public entities do not extend to private actors—until they do. If this principle seems unclear, it is largely due to the piecemeal jurisprudence that defines the “state action” doctrine. This doctrine applies when courts hold that a private actor is subject to constitutional constraints by virtue of the quasi-public role they have willingly accepted. In these situations, constitutional protections—and the resulting 42 U.S.C. § 1983 actions—may be available to those who demand relief. While questions of what entails a “state action” loom in the face of closely intertwined private and public …

From The Editor, Anushri Mehta

UC Law SF International Law Review

No abstract provided.

A Peruvian Tax Lawyer In A U.S. Corporate Tax Class: What Can Be Explained And What Cannot Be Explained, Fernando J. Loayza Jordán

Scholarly Articles

This paper is more of an ethnographic comparison, inspired by classroom experiences, between U.S. and Peruvian tax law education than what Garbarino calls “hard-nose comparative work” that requires an underlying theory and a clear methodology. It is also different from most comparative works because it is not actually about an area of law itself but about how it is taught and why, visiting some of the most critical variables in legal education. Nevertheless, I have tried to keep in mind the main critiques of comparative tax studies that could also become errors in the comparisons that I intend to draw.

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Parsing And Managing Inconsistency In Investor-State Dispute Settlement, Julian Arato, Chester Brown, Federico Ortino

Other Publications

Inconsistency in legal interpretation is among the most salient problems in investor-state dispute settlement (ISDS). Some such instances have been particularly glaring, and introducing consistency into ISDS rates high on the agenda of reformers - particularly for several government delegations leading multilateral reform efforts in the United Nations Commission on International Trade Law (UNCITRAL) Working Group III. This Article starts from the position that some degree of interpretive inconsistency is endemic to any legal order. Yet systemic inconsistency tends to undermine the basic purposes of the investment treaty regime – namely protecting and promoting foreign direct investment through predictable international …

Justice System Reform And Internationalization, Daniel H. Foote

Articles

As discussant. normally my role would be to offer trenchant and perceptive critiques of each of the three main reports. those by Professors Takamizawa. Matsuo. and SuamL Those reports are broad in scope, both geographical and historical; each report is outstanding: and each provides much food for thought. Yet even if time and space permitted, I myself lack sufficient knowledge regarding China. Southeast Asia and Europe to provide a thorough critique. Instead. in this essay I will shift the focus back to Japan and examine various respects in which the justice system reforms have sought to promote internationalization.

Legislatures, Executives And Political Control Of Government, Gillian E. Metzger

Faculty Scholarship

This chapter examines how political control over government is exercised today in the UK, the US, and France, focusing on control of the executive branch by the legislature and control of the administrative executive by the political executive. These three jurisdictions were chosen because they are paradigmatic examples of different political regimes: parliamentarism, separation of powers presidentialism, and semi-presidentialism. In theory, these different institutional structures should affect how political control is understood and wielded. In the traditional Westminster parliamentary model, for example, the government is formed from the leadership of the majority party in Parliament and it is the government …

Beholding Law: Amadeo On The Argentine Constitution, Christina D. Ponsa-Kraus, Erin F. Delaney

Faculty Scholarship

This essay introduces an online edition of Santos P. Amadeo’s Argentine Constitutional Law to be published by the Academia Puertorriqueña de Jurisprudencia y Legislación. Tracing the book to its origins in a paper Amadeo wrote for a seminar in comparative constitutional law at Columbia Law School in the 1930s, we discuss the intellectual context that gave rise to the book and assess its author’s methodological choices. We then examine one particular substantive choice: Whereas the paper specifically draws attention to the importance of understanding every form of political subdivision in a federalist system – identifying Argentina’s as the provinces, the …

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

Energy, Electricity And Smart Grids In Latvia And Portugal – Developments And Concerns, Rafael Leal-Arcas, Filipa Santos, Danai Papadea

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Danning Zhu, How To Improve China’S Approach To Parallel Imports Of Goods Bearing Trademarks, 19 Uic Rev. Intell. Prop. L. 125 (2020), Danning Zhu

UIC Review of Intellectual Property Law

Parallel import, also known as grey market goods, refers to the act of importing goods to a country and selling in the country without the permission of the domestic owner of IP vested in the imported goods. The importer can obtain profits through the price differences between parallel imported products and domestic products of the same variety. China and the United States have huge differences in parallel import policies, even though both countries have participated in major international IP treaties. The United States requires that parallel imported goods bearing a genuine trademark or trade name registered in the United States …

Harry Potter & The "Chinese" Philosopher’S Stone: Deconstructing Copyright Piracy Through Shanzhai, 19 Uic Rev. Intell. Prop. L. 101 (2020), Mark Edward Blankenship Jr.

UIC Review of Intellectual Property Law

The United States still faces a disconnect with China regarding intellectual property piracy. Particularly, with regards to shanzhai copyrightable works of art, the U.S. labels these fake works as knock-offs, rip-offs, and counterfeits. However, China views shanzhai as a unique form of copying that embraces the “Chinese spirit,” due to its constant modification and hybridization, superior quality, transformativeness, and democratic energies. By understanding the peculiarities of shanzhai, both physical and abstract, as well as China’s copyright law and tradition, this paper proposes ways on how China can improve their copyright laws to improve how shanzhai is perceived and to curb …

Is The Emperor Still Far Away? Centralization, Professionalization, And Uniformity In China's Intellectual Property Reforms, 19 Uic Rev. Intell. Prop. L. 145 (2020), William Weightman

UIC Review of Intellectual Property Law

As China’s rapid economic growth continues to slow, the Chinese Communist Party now seeks to promote innovation as the engine of future development. With this new economic agenda, reforms to China’s intellectual property rights (IPR) regime have emerged as a key policy domain as China attempts to build market-supporting institutions and improve law enforcement capabilities. By reviewing the legal frameworks supporting specific judicial reforms and through non-randomized, semistructured field interviews with lawyers, IP officials, and industry representatives, this article analyzes how China’s evolving legal institutions are increasing central control in the IP adjudication process, building judicial professionalism, and ensuring uniformity …

The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas

American University Law Review

No abstract provided.

Talking Foreign Policy: The Rohingya Genocide, Milena Sterio, Todd Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Paul R. Williams

Law Faculty Articles and Essays

Talking Foreign Policy is a production of Case Western Reserve University and is produced in partnership with 90.3 FM WCPN ideastream. Questions and comments about the topics discussed on the show, or to suggest future topics, go to [email protected].

OCTOBER 1, 2019 BROADCAST

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Law Faculty Articles and Essays

The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC's future may be bright if the court makes significant changes in the present.

The Political Economy Of Corporate Law And Governance: American And Korean Rules Under Different Endogenous Conditions And Forms Of Capitalism, Robert J. Rhee

UF Law Faculty Publications

Advanced economies operate under different forms of capitalism and social order. Corporate law is fixed only insofar as a country’s political economy and social organization are static. This article explains why an advanced economy may choose inefficient rules. Korean rules are the product of past industrial development policies and current social-political-economic conditions; endogenous conditions align corporate law with nationalistic sentiments and the public interest. The cost of this policy is diminution of firm value. The benefit is the erection of a plausible distinction between rule- and fact-based control of key corporate groups. This system maintains de facto national control of …

Improving Taiwan's Civil Procedure By Citizen Participation: Focusing On Expert Testimony In Public Interest Cases, Yin-Song Hsu

Maurer Theses and Dissertations

“The life of the law has not been logic; it has been experience.”

United States Supreme Court Justice Oliver Wendell Holmes, Jr's famous quotation adequately explains the institutional purpose of citizen participation in important trials. Court decisions require both logical reasoning and a practical adherence to the reality of citizens’ experiences. Currently, the Taiwanese public believes that judicial decisions are often not in line with national perceptions of law. In addition, judges’ limited social experiences often cause the public to distrust their verdicts. The life experiences of citizens can properly fill in the gaps in judicial knowledge and supplement the …

Resolving The Crowdfunding Conundrum: The Experience Of The United States And Spain, Rafael A. Porrata-Doria Jr.

American University Business Law Review

The phenomenon known as crowdfunding has become an attractive alternative for businesses looking for investors without having to go through more well-established routes or without necessarily having to lure and impress professional investors. However, this new form of raising capital creates a series of issues and problems unique to crowdfunding, which has led to a struggle amongst governments to effectively regulate this new entrepreneurial opportunity. The crowdfunding conundrum government regulators are facing causes them to have to reconcile two contradictory missions: facilitating the acquisition of capital by businesses and protecting investors (and the market) from fraud and manipulation. This Article …

Victim Impact Statements At Canadian Corporate Sentencing, Erin L. Sheley

Faculty Scholarship

The recent SNC-Lavalin scandal and its political fallout have drawn
public attention to an existing culture of impunity enjoyed by corporate
criminal wrongdoers, despite the 2004 changes to the Criminal Code of
Canada that intended to make corporate prosecutions easier. In this article,
I argue that the conceptual problems with corporate criminal liability may
lie in the criminal justice system’s general misapprehension of the nature of
corporate crime; especially of the distinct nature of the harm experienced
by white collar victims. I further argue that, therefore, part of the solution
to under-enforcement may be evidentiary: the Crown and courts should, …

Theorizing Developmental Regionalism In Narratives Of African Regional Trade Agreements (Rtas), Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

There is a gap in the legal scholarship on African regional trade agreements (RTAs) that links law and development to narratives of developmental regionalism. This article addresses the gap by making the case for an explicit linking of Law and Development scholarship and Developmental Regionalism in African RTAs.

First, the article argues that the cross- pollination of the fields provides an opportunity for a more rigorous understanding of developmental regionalism in African RTAs. Second, the article that developmental regionalism as an analytical tool responds to and encapsulates the multidimensional character of African RTAs. Third, the article argues for a more …

Judicial Nullification Of Presidential Elections In Africa: Peter Mutharika V Lazarus Chakera And Saulos Chilima In Context, James Thuo Gathii, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

In contemporary Africa, the judicialization of presidential elections between incumbents and challengers in courts is becoming increasingly visible. The latest example of this judicialization is the Malawi case of Peter Mutharika v Lazarus Chakera and Saulos Chilima, which successfully triggered a repeat election in which an opposition politician defeated an incumbent. This article examines the consequences and implications of this case and compares the Malawi decision to cases in Kenya and Nigeria. It further analyzes the backlash on the Malawi justices from the executive and the subsequent solidarity seen from both legal and civil society. The article concludes that the …

Doing Development Differently: Reorienting Sino-African Trade And Investment Relations After The Pandemic, Olabisi D. Akinkugbe, Clair Gammage

Articles, Book Chapters, & Popular Press

This article explores the evolutive nature of Sino-African relations and questions how Chinese interventions may influence Africa’s development stories in a post-Covid world. We examine whether the crisis could serve as a catalyst for reorienting the strategic partnership between China and Africa away from debt diplomacy towards genuine partnership or a breaking apart of the long-standing relationship. This article presents three narratives to illustrate how the future direction of Sino-African relations may change and how this might enable Africa to ‘do development differently’.

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been …

“It’S The Procedure, Stupid!”: Amendment Procedures And Their Effects On Constitutional Stability, Joseph Noss

CMC Senior Theses

Constitutions must change. No human can stop time from marching forward, nor the social, economic, cultural, and technological developments associated. As a result, constitutions necessitate mechanisms that allow for their own progress. The amendment procedure of a constitution—the rules that govern what changes can occur—is therefore fundamental to any constitutional system. Importantly, scholars, politicians, and citizens alike fail to take into account the significance of these amendment processes and their effects on the constitutions they govern. While usually treated as a constitutional after-thought, amendment procedures have one of the most pronounced, substantive effects on the permanence of a constitutional order. …