Comparative and Foreign Law Commons^™

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

Corporate Governance In The Emerging Markets Of The Global Village: Latin And South America, Rhoda Karpatkin

Richmond Journal of Global Law & Business

Corporate governance scandals in America have focused public attention once again on global governance issues. Issues that are not solely corporate or business concerns, they have become public, political, and ethical concerns. They have become economic concerns, particularly due to the erosion of public confidence in the integrity of corporate leadership and the institutions that are charged with their oversight.

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Michigan Journal of International Law

To encourage all, but particularly U.S., lawyers to think about transformation of the law, this Article will envision a global legal regime. The purpose is more reflective than predictive. Nominally, the Article has three parts. The first Part offers an overview description of the emerging supranational legal institutions and the major forces moving them. The next Part will outline civil law legal concepts and provide background for common law readers. To further the goal of this Article, it will do so as it suggests some issues that will arise as the civil law system is incorporated into the global legal …

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

Articles

The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …

Bijuralism In Legal Education: A French View, Xavier Blanc-Jouvan

Journal of Legal Education

No abstract provided.

Mcgill's Integrated Civil And Common Law Program, Yves-Marie Morissette

Journal of Legal Education

No abstract provided.

Global Law In The Perspective Of The Bijural Curriculum, Saúl Litvinoff

Journal of Legal Education

No abstract provided.

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.

The Elementary Economics Of Bijuralism: A First Cut, James W. Bowers

Journal of Legal Education

No abstract provided.

On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley

Journal of Legal Education

No abstract provided.

Introduction: Global Law And The Law School Curriculum, John J. Costonis

Journal of Legal Education

No abstract provided.

Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania

ILSA Journal of International & Comparative Law

With globalization there has been a visible growth in the international trade of legal services.

Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

This article argues that in an era of globalization, increased cooperation between States and NGOs is essential. While states will continue to dominate, globalization presents problems that go beyond the individual and even collective capacity of States. It uses microcredit, the practice of providing access to capital and other financial services sums of money to traditionally disadvantaged groups pioneered by the Grameen Bank in Bangladesh as a model for productive collaboration between States and NGOs. It assesses the roadblocks to such a collaborative model, and argues that careful attention to incentives and structure can overcome those hurdles and help all …

Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe

Vanderbilt Journal of Transnational Law

On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.

Because the …

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara

University of Miami International and Comparative Law Review

No abstract provided.

Landmarks, Signposts, And Directions In Legal Education In The United Kingdom, Roger Burridge

Journal of Legal Education

No abstract provided.

Haifa And Its Law School: Toward The Future, Yoseph M. Edrey, Sylviane Colombo

Journal of Legal Education

No abstract provided.

Achieving International Cooperation: Nyu's Global Law School Program, Norman Dorsen

Journal of Legal Education

No abstract provided.

Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo

Journal of Legal Education

No abstract provided.

The Cultural Context Of International Legal Cooperation, Stephen Zamora

Journal of Legal Education

No abstract provided.

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Journal of Legal Education

No abstract provided.

Panama In The New Millenium: Policy, Trade & Development Issues, Dominador Kaiser Bazan

ILSA Journal of International & Comparative Law

It is a pleasure and privilege to address the Nova Southeastern University, Shepard Broad Law Center Faculty and student body, thanks to the invitation of the Student Bar Association, International Law Student's Association...

The Workers In The Globalized Economy: The European Way To The Foundation And Enforcement Of The Social Rights, Maurizio Del Conte

Richmond Journal of Global Law & Business

In recent years, a new term has spread like wildfire to become a catch-all word in a regions of the world-globalization. The word i ubiquitous, splashed in newspapers, dissected in essays and academic journals, bandied at symposiums, quizzed by the man in the street and shouted against by parching protesters.

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

The current age of globalization can be distinguished from the previous one (from 1870 to 1914) by the much higher mobility of capital than labor (in the previous age, before immigration restrictions, labor was at least as mobile as capital). This increased mobility has been the result of technological changes (the ability to move funds electronically), and the relaxation of exchange controls. The mobility of capital has led to tax competition, in which sovereign countries lower their tax rates on income earned by foreigners within their borders in order to attract both portfolio and direct investment. Tax competition, in turn, …

International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff

Richmond Journal of Global Law & Business

Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.

The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell

Richmond Journal of Global Law & Business

Why is it that when the reigning ideology governing the expansion of “free trade” is anti-regulatory”, all agree that the movement of people, or rather laborers, must be carefully regulated? Indeed, why are borders strengthened for people just as states of the Western Hemisphere embark on a thorough reconfiguration, and even a dismantling, or borders for capital and goods.

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.

Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark

Vanderbilt Journal of Transnational Law

This Article examines the pressures of globalization on the practice of law and legal ethics from an Australian perspective. The Article first examines the positive aspects of globalization and then turns to the potentially disruptive and homogenizing aspects of globalization upon indigenous and non-Western societies. Next, the Article considers how globalization threatens to disrupt tradition and culture in Western societies, specifically focusing on the tradition of the law and legal practice. Finally, the Author discusses the response of the Australian legal profession to the demands of globalization. The Author examines changes that have been implemented to the legal practice and …