Comparative and Foreign Law Commons^™

A Comparative Analysis Of The Animal Protection Laws In The United States And Switzerland, Kelly Ziyu Xia

Cardozo International & Comparative Law Review (CICLR) Blog

In the words of Mahatma Gandhi, “The greatness of a nation and its moral progress can be judged by the way its animals are treated.” This statement underlines the significance of how a society cares for those under its dominion, particularly those who are defenseless. Animal welfare laws vary widely across the globe, reflecting the diverse approaches taken by different countries to protect the interests of animals. While the United States has made commendable strides, the current legal framework for animal protection remains inadequate. Both Switzerland and the United States have federal laws that aim to protect animal welfare, but …

Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot

International Journal on Consumer Law and Practice

This research identifies and analyses weaknesses in Qatar’s legal regulatory framework for the right to withdraw in electronic transactions, understands the causes of consumer dissatisfaction and their impact, and conducts a comparative analysis of European law to extract insights for improving Qatar’s legal regulations and organizational structure. This research employs a quantitative methodology, utilizing a survey administered to a random sample of 391 consumers. The survey will gather data on consumer perceptions, experiences, and satisfaction levels related to the right to withdraw in electronic transactions in Qatar. The results revealed a need for more confidence among Qatari consumers when purchasing …

National Legal Models To Regulate Scrubbers Washwater, Shams Al Din Al Hajjaji

Loyola of Los Angeles International and Comparative Law Review

According to the findings of this study, nations should adopt uniform regulations regarding the discharge of washwater from exhaust gas cleaning systems into their ports, territories, and Exclusive Economic Zones. Scrubbers are used by ships to reduce their emissions of greenhouse gases so they can adhere to the International Maritime Organization’s limit on the sulfur content of ship fuel. The global upper limit was 0.5% in January 2020. Scrubber washwater is discharged into the ocean by ships. Toxic substances are present in the washwater for the scrubbers. The level of washwater for the scrubbers is governed by the 2008 and …

Applicants Beware: Chinese Trademark Fraud Is Rampant, And It Is Affecting U.S. Trademarks, Lily Barash

Cardozo International & Comparative Law Review (CICLR) Blog

If you are looking to file a trademark application with the United States Patent and Trademark Office (USPTO), you should raise your vigilance. When the COVID-19 pandemic sent people in the United States into emergency lockdown, brick and mortar businesses closed their doors and people started opening their minds. People found new, and more, ways to be creative and e-commerce began to boom. With budding ideas, creators and companies recognized the imperativeness of protecting their intellectual property. The USPTO announced that as of June 17, 2021, it had experienced an increase of roughly 63% in trademark applications filed over the …

A Comparative Analysis Of Criminal Justice Systems In The United States And Scandinavia, Tyler Truelock

Ohio Northern University International Law Journal

No abstract provided.

Out Of The Shadows: The Need For Increased Scrutiny Of Shadow Banking In China, Benson M. Clements

Cardozo International & Comparative Law Review (CICLR) Blog

Zhongrong International Trust Co., a Chinese investment trust with significant real estate exposure, has missed payments on dozens of corporate trust products since late July. Retail investors are left with frustration and panic as they fear they may have lost their life savings. Regulators are concerned they may have to further tame an already faltering economy. It may be time to question the free reign with which shadow banks have enjoyed for decades.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, 2023. The original post can be accessed via the Archived Link …

Writer V. Big Pharma: How John Green, Author And Youtuber, Fought The Evergreening Of A Drug Patent, Rachel Bier

Cardozo International & Comparative Law Review (CICLR) Blog

Tuberculosis (TB), an illness caused by the bacterium Mycobacterium tuberculosis, is the deadliest disease in human history. In the 1950s and 1960s, scientists developed several drugs that could treat TB. These developments meant that TB became a curable disease. However, TB remains a terrible epidemic in poor communities around the world. About 4,000 people die from TB every day, with over eighty percent of those deaths occurring in low- and middle-income countries.

This post was originally published on the Cardozo International & Comparative Law Review on November 9, 2023. The original post can be accessed via the Archived Link button …

The Relationship Between Constitutional Equality And Substantive Review, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

General equality rights in written constitutions – rights stating the ideal of equality without specifying categories of impermissible differentiation – have often been effected through the idea of equality as rationality. Equality as rationality demands that differentiations between like entities have to be rationally justifiable. Such equality rights are applicable to legislation and executive action. This presents a prima facie overlap with substantive review in common law administrative law, since substantive review is also concerned about the rational justifiability of executive action. This raises three questions: (1) Are both sets of legal principles indeed similar? (2) Have courts managed to …

Higher Wages In A High Inflation World: What The United States Can Learn From Icelandic Unionization, Jack Berroug

Cardozo International & Comparative Law Review (CICLR) Blog

Since March 2020 when the COVID-19 pandemic shut down the entire world, inflation has slowly been on the rise. OECD countries across the globe immediately felt the effects of inflation and despite the increase in wages amongst workers globally, inflation outpaced nominal wage growth for many countries. Over the past couple years, many of the capitalist OECD countries have dealt with inflation in various ways with varying degrees of success. One capitalist country in particular has kept up with real wage growth despite inflation: Iceland. Iceland is the most unionized country in the world with 90 percent of its workplace …

From Maritime Pushbacks To Naval Blockade: How Europe Is Drowning In Legal Pitfalls, Martine Bjørnstad

Cardozo International & Comparative Law Review (CICLR) Blog

As if haunted by the past, the headlines are once again filled with cautionary tales of Europe’s unsecure borders and looming migration crisis. The arrival of 11,000 migrants on the Italian island of Lampedusa in early September, amidst deadlocked negotiations over the European Union’s New Pact on Migration and Asylum, has again sparked debate in Europe about how to tackle illegal immigration from North Africa. The proposed solution that has perhaps drawn the most attention is that of a naval blockade.

This post was originally published on the Cardozo International & Comparative Law Review on October 25, 2023. The original …

Law’S Sexual Infections, Kyle Kirkup

Dalhousie Law Journal

In 2019, the House of Commons Standing Committee on Justice and Human Rights published its study on the criminalization of HIV non-disclosure in Canada. The report recommended removing HIV non-disclosure from sexual assault laws in Canada. This constituted a welcome development for many HIV advocates. Yet other recommendations proved more controversial. In order to counter the exceptional targeting of HIV, the Committee proposed an offence for the non disclosure of all infectious diseases. This article uses the proposal to develop three arguments. First, the idea of creating an offence for all infectious diseases finds its origins in criminal laws dating …

Mixing Mathematics And Morality: Precarity And Moral Hazard In Employment Insurance And Personal Insolvency Law, Anna J. Lund

Dalhousie Law Journal

This article examines how financially precarious Canadians face particular challenges to accessing the benefits of employment insurance and personal insolvency because these two systems include features designed to guard against moral hazard. However, these design features do not adequately account for how an increasing number of Canadians are precariously employed and precariously indebted. This article synthesizes the research on precarious employment in Canada, and uses it to suggest how one might conceptualize precarious indebtedness. It then traces how the Canadian employment insurance and personal insolvency systems treat characteristics of financial precarity as evidence of misconduct. As a result, precariously employed …

Island States Turn To The Law To Fight Climate Change, Adam Auerbach

Cardozo International & Comparative Law Review (CICLR) Blog

The sea is rising. 2023 has seen the highest annual average sea level in recorded history, with sea level measuring four inches above 1993 levels. To many, this may seem inconsequential. However, for those in developing countries, particularly small island nations, rising sea levels present a very real, very pressing threat. For these island countries, the danger of losing their statehood and sovereignty is all too real “as their land surface may be totally covered by the sea or become fully inhabitable” in the near future.

This post was originally published on the Cardozo International & Comparative Law Review on …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Collaboration, Exclusion, And Refuge: Ftx’S Cross-Border Insolvency Strategies, Ethan Ashley

Cardozo International & Comparative Law Review (CICLR) Blog

The recent collapse of FTX and ensuing insolvency proceedings in the United States has stoked conversation regarding the administration of cross-border cryptocurrency insolvencies. In the case of FTX, insolvency proceedings in the United States, Australia, Turkey, and the Bahamas have demonstrated an unprecedented global footprint for a cryptocurrency exchange. As a result, these proceedings will have long-lasting impacts and may serve as a road map for how regulators and administrators can cooperate and navigate competing regulatory pressures and proceedings in the future.

This post was originally published on the Cardozo International & Comparative Law Review on October 2, 2023. The …

Bordering On Solutions: A Comparative Study Of Mexican And U.S. Policies To Address Human Trafficking Along The Mexico-United States Border, Taylor Rosenbleeth

The International Law Review Association Student Forum

Mexico and the United States both contend with the issue of human trafficking and implement measures to address this prevalent challenge, not only within their respective territories, but also along their shared border region. Despite significant efforts, both nations encounter obstacles in their anti-trafficking endeavors. The U.S. promotes a comprehensive legal framework, exemplified by the Victims of Trafficking and Violence Protection Act, yet faces criticism regarding deportation policies and inadequate victim support mechanisms. In contrast, Mexico has demonstrated progress through legislative advancements such as the 2012 anti-trafficking law and initiatives like the "Blue Heart" campaign, yet the country struggles with …

Impossibility Of Emergent Works’ Protection In U.S. And Eu Copyright Law, Matt Blaszczyk

Fellow, Adjunct, Lecturer, and Research Scholar Works

Protection of emergent works is impossible. Without an author, there is no expression of ideas which can be original, and thus no copyrightable work. Indeed, the whole system of copyright law, its conceptual building blocks of idea-expression dichotomy, originality, authorship, and the concept of a protectable work operate in the notation of human creativity. Emergent works fall outside of copyright’s positive ontology, being akin to ideas, facts, or subject-matter predicated by technical considerations, rather than authorial creativity. In other words, they do not exist as things in law and thus cannot as such be owned. Rather, like any idea, they …

Cocaine And Corruption: The Rise In Drug Trafficking In Ecuador And Why It Isn’T Being Stopped, Ella Sicking

The International Law Review Association Student Forum

A state of emergency in Ecuador continues to be in effect as cocaine trafficking and gang violence become increasingly problematic. What started as cartel rivalries and increased cocaine production in bordering countries, Peru and Colombia, has turned into a full-scale drug war in Ecuador, stirring humanitarian and governmental concerns about the mounting violence in the once peaceful country. Increased regulation and United States intervention might be the only approach to save Ecuador from becoming a country ravaged by violence and run by the cartels, but local governmental corruption is currently acting as a barrier to a timely solution. While quick …

The Consequences Of Gender-Affirming Care: A Survey Of U.S. And U.K. Law, Caroline Hoch

The International Law Review Association Student Forum

The prevalence of youth experiencing “gender dysphoria” over the last decade has exploded. More minors than ever before are identifying as a different gender than their biological sex. Yet, there is a divergence among nations regarding what care is best for minors questioning their gender identity. The United Kingdom has begun to move away from prescribing minors puberty blockers and hormone therapies, as the federal government in the United States seeks to protect and promote gender-affirming care for youth. The response among the states is far more fractured. Some states have imposed bans on gender-affirming care for minors. While there …

The Future Of Peace: Solutions For Arbitration Procedures Between Israeli And Saudi Arabian Entities, Avi Steinberg

The International Law Review Association Student Forum

Israel and Saudi Arabia are not natural partners. Despite a murky future at the present, peace between the two is on the horizon. With the advent of the Abraham Accords, a historic initiative by the Trump Administration to foster peace between Israel and its Arab neighbors, Israel has reached previously unthinkable diplomatic heights. Israeli citizens can now visit places like Dubai. Through remarkable events such as this, now the future beckons that an Israeli deal with Saudi Arabia appears to be the next step towards comprehensive peace in the region. Of course, with peace comes a trade agreement. With that …

Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …

The Low-Hanging Fruit: Health, Rights, And The Commission, Bright Nkrumah

Washington and Lee Journal of Civil Rights and Social Justice

The year 2022 marked the 35th anniversary of the African Commission on Human and Peoples’ Rights. As it is a custom in many communities, when one reaches this milestone, it is an opportune time to introspect and reflect on the successes and challenges encountered in one’s journey. It is this template that the paper adopts to measure the prospects and setbacks of the African Commission in the advancement of the right to health. The Article argues that while the body remains the poster child of the continent’s human rights architecture, its inability to clearly articulate how states ought to advance …

Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla

IP Theory

Although the U.S. has some measures of privacy protection for genetic data, the lack of a comprehensive approach to protecting direct-to-consumer genetic testing results in privacy violations for both consumers and their relatives. This essay explores the critical need for the U.S. government to address these privacy violations and argues that the U.S. should approach the problem and strategize a solution similar to the European Union’s (EU) General Data Protection Regulation (GDPR). Part I identifies current United States law, both federal and state regulations that address DTC-GT and genetic privacy. Part II examines the lack of regulation surrounding current DTC-GT …

A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis

IP Theory

The Supreme Court has asserted that “[t]he Patent Clause in our Constitution ‘was written against the backdrop’ of the English system.” That notion has a long lineage. In 1818, the author of an anonymous “Note on the Patent Laws,” widely assumed to be Justice Story, claimed that “[t]he patent acts of the United States are, in a great degree, founded on the principles and usages which have grown out of the English statute on the same subject.”

But these generalizations significantly overstate—and oversimplify—the influence of British law on the nascent American jurisprudence of patents. Early American jurists felt no reluctance …

The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin

William & Mary Bill of Rights Journal

In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …

Nerds V. Nintendo: Video Game Decompilations Versus Rights-Holder Interests, Kirk A. Sigmon

Cardozo Law Review

Video game “decompilations”—a potentially technically inaccurate term referring to fan efforts to entirely reprogram video games based on reverse engineering those games—present an interesting case study for evaluating the scope of video game copyrightability, fair use, and public expectations about content availability. Decompilations usually comprise entirely new code and do not comprise any assets of the original video game, suggesting that the decompilations, if viewed as mere code, do not apparently infringe any video game copyrights. That said, decompilations illustrate why copyright protects more than the discrete assets (e.g., art or music) of a video game, as decompilations are generally …

Cleaning Up The Corporate Opportunity Doctrine Mess: A First Principles Approach, Yifat Naftali Ben Zion

Washington and Lee Law Review

Almost a century ago, a legal dispute over who is the rightful owner of Pepsi-Cola, at the time an unknown syrup company on the verge of bankruptcy, led the Supreme Court of Delaware to develop what is now famously known as the corporate opportunity doctrine. This doctrine is the central framework Delaware courts use to this day to determine whether an officer who seized a business opportunity has breached his fiduciary duties. Despite the doctrine’s old roots, it has thus far failed to reach stable ground. For one, while many corporate law scholars have supported the rule developed following this …

U.S.-Canadian Wildfire Cooperation, Nicholas Smetzer

The International Law Review Association Student Forum

Record-breaking wildfires are striking the United States and Canada with troubling, increasing frequency. As wildfires know no borders, climate change-related wildfires will increasingly damage the ecosystems and economies of both nations unless they develop an efficient system of cooperation to deal with this shared threat. As the U.S. and Canada share similar cultures, legal systems, and interests in preserving their ecosystems and air qualities, these countries are in a unique position to share intelligence and resources to properly address the scale of these disasters. Scholars such as Madison Gaffney have noted the potential for current legislation to expand and treat …

Anti-Hero Or Villain: Analyzing Varying Competition Laws By Comparing Global Responses To Continued Competition Concerns Surrounding Ticketmaster After The Eras Tour, Ashley Watson

The International Law Review Association Student Forum

Antitrust laws in the United States regarding ticket sellers and re-sellers have failed to properly protect consumers and ensure sufficient competition. Ticket sales for Taylor Swift’s The Eras Tour demonstrated how the current Ticketmaster and Live Nation monopoly creates a system where consumers have no choice but to deal with website failures, price-gouging, and hidden fees. The original approval of the Ticketmaster and Live Nation merger must be re-evaluated to protect consumer interests and ensure a lack of competition is not resulting in consumer harm. Scholars have written extensively about antitrust law in the United States and beyond, but The …

The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer

Articles

Land recovery in Vietnam is the process of compulsory transfer of land use rights from the hands of land users to the hands of the State by way of local government agencies. Land recovery frequently raises issues of compensation, assistance, and resettlement. It is vital for affected land users and the general public to have access to reports on land recovery, compensation, and resettlement. The article describes a limited survey of Vietnamese people whose land was subject to government recovery and evaluates their access to and understanding of information at each stage of the land recovery process. The study revealed …