Comparative and Foreign Law Commons^™

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Faculty Articles

There are myriad ways that discrimination and bias can combine to profoundly limit inventor participation in the patent process. The utilitarian purpose of patents is to incentivize inventors to invent and disclose, so it makes sense to incentivize as large and as diverse a group as possible in order to maximize the likely output of innovative activity. This incentive is important in terms of our geopolitical aspirations as a country, but hopefully also because of our democratic commitment to provide opportunities for flourishing and reaching one's potential that are available to all.

Cultivating Attentiveness To Law In India Through Legal Anthropology, Deepa Das Acevedo, Jahnavi Chamarthi

Faculty Articles

This Article reviews and analyses scholarship at the intersection of anthropology and law. The first half of the Article provides context for understanding the boundaries, animating concerns, and tensions that have characterised the anthropology of law as an area of interdisciplinary inquiry. We focus especially on the subdiscipline’s Anglo-American history and show how a promising early period of engagement dissipated as both anthropologists and legal scholars lost enthusiasm for each others’ insights and methods. Then, we expand our analysis outward. Because legal anthropology belongs within, and is increasingly attentive to, the broader field of law and society scholarship, we explore …

Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation, Michelle Harrison, Shannon Marcoux

Perspectives

In a landmark decision in 2019, the U.S. Supreme Court ruled in Jam v. International Finance Corporation that international organizations like the International Finance Corporation (IFC), the private lending arm of the World Bank Group, can be sued in U.S. courts, ending the “absolute immunity” from suit that they had long claimed. The Jam lawsuit arose out of IFC’s gross mishandling of the Tata Mundra coal-fired power plant project in Gujarat, India, which has destroyed the livelihoods, environment, and way of life of local communities living in its shadow. The lawsuit, and especially the clash between IFC’s sweeping assertions of …

Introduction: Comparative Comparative Law, Jorge L. Esquirol

FIU Law Review

This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …

Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi

FIU Law Review

The cultural environment of Italian academia was open to suggestions that came from other legal systems and shaped an eclectic legal culture. Italy is an hybrid system that took the code from France, the legal science from Germany, and has always been receptive of foreign suggestions. This cultural background may explain why the Italian legal curriculum requires a mandatory course of comparative law and why comparative law has been an important field of Italian legal research. At the same time, comparative law was characterized by an an important mark of antiformalism, necessary to swim through the times of Fascism and …

Urban Commons In Italy, Michele Graziadei

FIU Law Review

The Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is …

The Spree Of Principles And The Abuses Of The Balancing Doctrine In Brazil, Ronaldo Porto Macedo

FIU Law Review

This article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent …

Global Antitrust From The Global South: A Comparative Law Void, Dina I. Waked

FIU Law Review

This paper discusses the attempts at creating an international antitrust regime from the perspective of the Global South. Today’s diffused competition laws, have arguably muted calls for an international antitrust regime. Given this diffusion, a global regime has indeed emerged. Within such a system, differentiated and selective antitrust enforcements are proposed as ways to achieve national public interest goals.

Coasting North: The Problem With The Jones Act For The Offshore Wind Industry And A Remedy From Canada, Sarah Macleod Nagle

William & Mary Environmental Law and Policy Review

This Note is organized into three parts to examine how the Jones Act hampers the U.S. wind energy industry’s construction of offshore wind farms by requiring that only U.S. vessels transport materials from U.S. ports to the wind farms. The Note proposes a license modeled on Canada’s Coasting Trade Act (“CTA”) to allow non-U.S.-flagged vessels to participate in wind turbine construction. Part I will address the development of cabotage law in the United States, the creation of the Jones Act, and its impact on offshore wind. Part II surveys Canada’s cabotage laws, which culminated in the passage of the CTA …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

From The Barrel To The Border: Exploring The Roots And Ramifications Of Gun Trafficking From The United States To Mexico, Alexandra Punishill

CMC Senior Theses

Nowhere is the discussion surrounding gun violence more prominent than in the United States, with the impacts of our gun-friendly culture being felt around the world. This thesis analyzes the dynamics of gun trafficking from the United States to Mexico and sheds light on its role in fueling the epidemic of gun violence south of the border. It is argued that the particular system of federalism adopted by the United States has led to a variety of state-level gun regulations that have shaped domestic gun policy and have had an international impact. Despite Mexico’s persistent efforts to combat the gun …

Impossibility Of Artificial Inventors, Mateusz Blaszczyk

Scholarly Works

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many of the courts all over the world. This Article analyzes these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. This Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans …

The Crime Of Aggression: Its Nature, The Leadership Clause, And The Paradox Of Immunity, David Luban

Georgetown Law Faculty Publications and Other Works

The paper, written for a research handbook, critically surveys some fundamental philosophical, historical, and doctrinal issues in the crime of aggression. The two introductory sections set the theoretical issues in the context of Russia’s invasion of Ukraine, and explain the origins of criminalizing aggression under the heading of “crimes against peace.” Section 3 explores an ambiguity between aggression as first use of force and aggression as unprovoked use of force, while section 4 discusses the doctrinal distinction between acts of aggression and wars of aggression.

Sections 5 and 6 turn to the theory of aggression. Section 5 examines modern versus …

Masthead - Cardozo International & Comparative Law Review, Vol. 7 (2024)

Cardozo International & Comparative Law Review

No abstract provided.

"Who Are The Landlords Here?" - Group Rights In The Age Of Populism: Jewish Ownership Of Symbolic And Geographic Space In Israel, Meital Pinto

Cardozo International & Comparative Law Review

The world is witnessing the rise offar-right political parties. In Israel's recent national legislative election, Jewish Power (Otzma Yehudit), a far-right, anti-Arab political party, reached an unprecedented achievement. The party won six seats in the Knesset and its leader, Itamar Ben Gvir was appointed as the Minister of National Security. "Who are the Landlords Here?" was the party's election slogan; it signals that Jews should not only own the state but also its public space. This normative political statement aligns with the dominant attitude towards group rights for the Arab-Palestinian citizens of Israel. The dominant attitude perceives group rights in …

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim

Notre Dame Journal of International & Comparative Law

No abstract provided.

Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir

Notre Dame Journal of International & Comparative Law

No abstract provided.

The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović

Notre Dame Journal of International & Comparative Law

No abstract provided.

Investment Crowdfunding: Anarchy In The U.K.?, Andrew A. Schwartz

Publications

Investment crowdfunding is a new type of venture capital market open to the broad public--'the crowd'--and the United States and United Kingdom adopted rather different legal regimes to govern and police it. In order to protect investors, the United States enacted an extensive set of laws and regulations, while the United Kingdom took a 'liberal' approach to investment crowdfunding, imposing few legal rules and relying primarily on private ordering.

A decade has now passed, allowing us to see whether the liberal U.K. market has devolved into anarchy and failure in the absence of heavy regulation. Recently published data reflects well …

Addressing The Negative Externalities Of Trade: Flanking Policies And The Role Of Package Treaties, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

This article examines the rationales for addressing sustainability and social inclusion in trade policy and the tradeoffs among imperfect institutional choices in doing so through “flanking policies.” It examines three types of negative spillovers or externalities implicated by trade: material, moral, and social/political. Part I defines terms and sets forth the argument. Part II typologizes the three categories of negative externalities and then highlights the challenges posed for flanking measures given the reciprocal nature of externalities. It respectively addresses environmental harms and labor and social inclusion concerns. Part III assesses different institutional choices for addressing negative externalities, dividing them between …

Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa

Celebrating WCL Student Authors

This article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a …

Contextualizing The Triggering Event: Colonial White Supremacy, Anti-Blackness, And Black Lives Matter In Italy And The United States, Renee Nicole Allen

Faculty Publications

In the summer of 2020, spurred by George Floyd’s murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd’s death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand justice. In Italy, a resounding demand that “Black Lives Matter” filled the streets during solidarity protests that occurred in Milan, Naples, and Rome. Less than six months later, in September 2020, the fatal civilian beating of Willy Monteiro Duarte, a Black Italian, revealed the necessity …

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …