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2022

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Articles 121 - 150 of 329

Full-Text Articles in Comparative and Foreign Law

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti Jun 2022

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …


Masthead & Table Of Contents Jun 2022

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.


Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros May 2022

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …


Front Matter And Table Of Contents May 2022

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway May 2022

Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway

The Year in Review

No abstract provided.


Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez May 2022

Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez

The Year in Review

No abstract provided.


Latin America & Caribbean, Mauricio Becerra De La Roca Donoso, José Francisco Mafla, Leonardo Sempértegui May 2022

Latin America & Caribbean, Mauricio Becerra De La Roca Donoso, José Francisco Mafla, Leonardo Sempértegui

The Year in Review

No abstract provided.


India, Kavita Mohan, Aseem Chawla, Jonathan Blank, Abhishek A. Rastogi, Monisha A. Coelho, Satyajit Gupta, Jaipat S. Jain, Anmabh Choudhary, Aditi Joshi, Assem Chawla, Priyanka Mongia, Poorvi Chothani, Ashwina Pinto, Namrata Patodia Rastogi, Katherine Golden May 2022

India, Kavita Mohan, Aseem Chawla, Jonathan Blank, Abhishek A. Rastogi, Monisha A. Coelho, Satyajit Gupta, Jaipat S. Jain, Anmabh Choudhary, Aditi Joshi, Assem Chawla, Priyanka Mongia, Poorvi Chothani, Ashwina Pinto, Namrata Patodia Rastogi, Katherine Golden

The Year in Review

No abstract provided.


European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein May 2022

European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein

The Year in Review

No abstract provided.


Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio May 2022

Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio

The Year in Review

No abstract provided.


China, Athena Jiangxiao Hou, Michael Dewey, Qing Lyu, Wei Huang, Steven Shengxing Yu, Ming Li, Ken Dai, Jingbing Li, Yanling Zheng, Hunter Wenxiong Qiu, Qiuming Chen, Rong Kohtz, Asen Velinov May 2022

China, Athena Jiangxiao Hou, Michael Dewey, Qing Lyu, Wei Huang, Steven Shengxing Yu, Ming Li, Ken Dai, Jingbing Li, Yanling Zheng, Hunter Wenxiong Qiu, Qiuming Chen, Rong Kohtz, Asen Velinov

The Year in Review

No abstract provided.


Canada, Angela E. Springate, Jacqueline R. Bart, John W. Boscariol, Chelsey Colbert, Robert A. Glasgow, Theodore Goloff, Annsley Kesten, Kevin Massicotte, Adam Mauntah, Claire Seaborn, Clifford Sosnow, Petra Stewart May 2022

Canada, Angela E. Springate, Jacqueline R. Bart, John W. Boscariol, Chelsey Colbert, Robert A. Glasgow, Theodore Goloff, Annsley Kesten, Kevin Massicotte, Adam Mauntah, Claire Seaborn, Clifford Sosnow, Petra Stewart

The Year in Review

No abstract provided.


Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch May 2022

Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch

The Year in Review

No abstract provided.


Epidemics And International Law: The Need For International Regulation, Claudio Grossman May 2022

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …


The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-López, R. Denisse Córdova Montes, Max Zoberman May 2022

The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-López, R. Denisse Córdova Montes, Max Zoberman

University of Miami International and Comparative Law Review

Many commentators have referred to domestic violence and other forms of gender-based violence (GBV) in the age of COVID-19 as a “double pandemic.” Based on results of a mixed-methods study on the impact of the COVID-19 pandemic on GBV in South Florida, conducted by the Human Rights Clinic of the University of Miami School of Law, in close collaboration with community-based organizations,1 this article offers a proposal for an expanded normative human rights framework to address domestic violence and other forms of GBV. The local study sought to elucidate the pathways that link pandemics such as COVID-19 and GBV, highlight …


Louis Henkin Memorial Lecture, Juan E. Mendez May 2022

Louis Henkin Memorial Lecture, Juan E. Mendez

University of Miami International and Comparative Law Review

No abstract provided.


Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft May 2022

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …


Comparative Laws In Public Health Unmasked, Christine Chasse May 2022

Comparative Laws In Public Health Unmasked, Christine Chasse

University of Miami International and Comparative Law Review

The COVID-19 pandemic lay bare the vulnerabilities of some countries’ public health responses and praise for others. Comparative law review in public health responses may glean lessons for the United States. For example, the United States had not had a pandemic of this magnitude in over a century and was reluctant to institute early masking policies. Meanwhile, the world raced for a COVID-19 vaccine. This begs the question of who will take the vaccine. Will—or can—governments force their citizens to be inoculated? Global comparisons in personal liberty, freedom, bodily autonomy, and how to parent intersect at the right to (or …


International Law & Covid-19 Symposium, Joseph Candelaria, Gita Howard, Tamar Ezer May 2022

International Law & Covid-19 Symposium, Joseph Candelaria, Gita Howard, Tamar Ezer

University of Miami International and Comparative Law Review

The COVID-19 pandemic has sent shock waves through the international community, exposing systemic failures and highlighting injustices. At the same time, it has provided an opening to consider new approaches, including lessons for international law.
On April 12 and 16, 2021, the University of Miami School of Law International and Graduate Law Programs and Human Rights Clinic, in collaboration with the Human Rights Society, Health Law Association, Environmental Law Program, and University of Miami International and Comparative Law Review hosted a symposium on the impact of COVID-19 on international law. The International Law and COVID-19 Symposium specifically focused on the …


Front Matter And Table Of Contents May 2022

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Masthead May 2022

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


Gambling On Video Games: The Global Esports Betting Market And The Dawn Of Legalized Esports Gambling In The United States, Jake Bland May 2022

Gambling On Video Games: The Global Esports Betting Market And The Dawn Of Legalized Esports Gambling In The United States, Jake Bland

University of Miami International and Comparative Law Review

This Note compares eSports gambling regulations in the United States with regulations implemented in various foreign countries. eSports is a rapidly growing form of sport competition centered around video games. Video games have been a widely popular form of entertainment spanning the globe for many years. However, treating video games as a professional sport and form of monetized competition is a very recent phenomenon in the global mainstream market. Like traditional sports such as football and basketball, eSports have garnered significant attention in the gambling market. Sports betting has long been prevalent in the underworld of the United States, but …


Tiktok, Cfius, And The Splinternet, Jake T. Seiler May 2022

Tiktok, Cfius, And The Splinternet, Jake T. Seiler

University of Miami International and Comparative Law Review

This note will discuss the role that the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) has played in foreign relations and how it contributes to the balkanization of the internet today. The Committee is an interagency body that reviews foreign investments for potential national security threats. Recently, CFIUS has been in the spotlight for its role in the sale of TikTok, a cellphone app owned by a popular Chinese corporation, ByteDance. While much of CFIUS’ review in the past has been focused on Chinese-owned corporations, there is much debate about whether or not countries should …


Immunization And Indemnification: Rethinking The Us Approach To Liability Protections For Vaccine Manufacturers During The Covid-19 Pandemic, Samantha Topper Berns May 2022

Immunization And Indemnification: Rethinking The Us Approach To Liability Protections For Vaccine Manufacturers During The Covid-19 Pandemic, Samantha Topper Berns

University of Miami International and Comparative Law Review

This note analyzes the legal mechanisms in the United States that provide compensation for vaccine injuries sustained as a result of inoculation against pandemic viruses when a public health emergency has been declared. While the United States has an every-day compensation scheme that deters litigation by providing just compensation yet upholds the right of injured parties to seek damages in court, it has a special compensation scheme applicable to vaccines developed to address public health emergencies that bars litigation by effectively providing vaccine manufactures with complete indemnification and severely restricts the ability of injured parties to receive compensation. Meanwhile, in …


The Iachr’S Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera, Soledad Garcia Muñoz May 2022

The Iachr’S Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera, Soledad Garcia Muñoz

University of Miami International and Comparative Law Review

The region of the Americas is facing unprecedented humanitarian and social challenges as a consequence of the Covid-19 pandemic. As such, the regional institutions need to deliver rapid and effective responses to the region’s inhabitants. In this way, the Inter-American Commission on Human Rights (hereinafter IACHR or the Commission) has aimed to deliver a timely answer so that States, the Civil Society, and stakeholders can assure individuals that the treatment of the pandemic incorporates a human rights approach from the Inter-American System’s framework. The purpose of this work will be to give a brief takeaway on how the IACHR has …


Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss May 2022

Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss

Undergraduate Honors Theses

Americans spent $11.4 billion in their last federal election cycle but collectively, the United Kingdom and Canada only spent a little over $550 million in their last general elections. These three states have similarities in democratic governance, economic legacy, and common law legal system grouping but how did they become so separated in campaign finance regulations? Prior research in the field of international comparative campaign finance law is limited and primarily focuses on using political theories to describe the movement of laws toward deregulation or regulation. This research seeks to find what influences the creation, preservation, and deregulation of campaign …


The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya May 2022

The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya

Department of Political Science: Dissertations, Theses, and Student Research

Iraq has had a long history of human rights violations since its inception as a modern state in 1921. This is true especially under the personalistic dictatorship of Saddam Hussein. Under his regime, the Iraqi people suffered a consistent pattern of gross violations of internationally recognized human rights, including political imprisonment, torture, and summary and arbitrary executions. This regime used a variety of mechanisms to squelch political dissent, including house-to-house searches; arbitrary arrests, often in large numbers; surveillance; harassment and questioning of family members; detention of targeted individuals, such as those returning to Iraq pursuant to amnesties, at unknown locations; …


Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson May 2022

Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson

Journal of Comparative Urban Law and Policy

University urban design and research centers, which link academic pedagogy and research activities to real-world projects, have grown in number over the last several decades. As the rate of urbanization accelerates and universities’ missions become increasingly grounded in visible impact and financial self-sufficiency, these centers continue to offer an important and appealing model. This paper looks at the evolution of these centers from their beginnings in the 1950s, advancement in the 1980s, resurgence in the first decade of the 2000s, and current growing status. From a survey of over fifty centers throughout the United States, a typology is established based …


Resilience Re-Examined: Thoughts On The Covid-19 Pandemic's Lessons For Communities, John Travis Marshall May 2022

Resilience Re-Examined: Thoughts On The Covid-19 Pandemic's Lessons For Communities, John Travis Marshall

Journal of Comparative Urban Law and Policy

Prompted by this century’s major disasters, many local governments have adopted policies, plans, and laws to help guide their response to future natural hazard events. Some communities have prepared plans informed by their firsthand experience with recent catastrophic storms. Other communities have speculated about potential disaster scenarios; they have imagined the work involved in rebuilding their towns following an event that would threaten residents’ homes, health, and livelihoods. COVID-19 gives communities reason to reshape thinking around natural hazards planning. The ongoing pandemic should cause local governments to revisit and rework their plans for facilitating community recovery following a disaster. By …


Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle May 2022

Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle

Georgia Journal of International & Comparative Law

No abstract provided.