Comparative and Foreign Law Commons^™

Defenses To The Tort Of Negligence: A Comparative Study Of The Iranian And The U.S. Legal Systems, Laya Joneydi, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

Tortfeasors are entitled to defend themselves against liability claims. In the United States tort system, in addition to general defenses, common law rules have recognized special affirmative defenses for tortfeasors based upon plaintiff's carelessness that has contributed to the injury. The two defenses at study in this article are contributory negligence and comparative fault. In this article, we introduce the defense within a new structure that is compatible with the Iranian legal system. This article contributes to the academic tort law literature in Iran by proposing the recognition of such a rubric in the Iranian tort system. In a comprehensive …

From The Editor-In-Chief, Ashlee Raskulinecz

UC Law SF International Law Review

No abstract provided.

Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa

UC Law SF International Law Review

Congress enacted the Child Soldiers Prevention Act in order to stop public funds from directly supporting armies that use child soldiers. This paper examines how the Act has been applied to Myanmar, where both State and nonstate forces recruit children. Myanmar’s internal conflict illustrates numerous reasons for why children may join armed groups and demonstrates shortcomings in the Act’s approach towards curbing the practice.

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster

Seattle University Law Review

States around the world are ceding authority to international institutions, devolving powers to lower-level political subdivisions, and granting forms of autonomy to Indigenous peoples and other minority groups. At the same time, states are increasingly offering groups and individuals “participation rights”: opportunities to participate in sovereign prerogatives without exercising control. These opportunities range from providing input into environmental decision-making, to collaborating with law enforcement in community policing programs, to receiving a share of natural-resource revenues. This Article contends that all of these developments represent a dividing up of the collection of rights known as sovereignty, and that participation rights reflect …

How Political Pressure Rigidifies Legal Formalism In China: A Small Tragedy Under Xi Jinping's Reform, 53 Uic J. Marshall L. Rev. 909 (2021), Yu Luo

UIC Law Review

No abstract provided.

Send The Word Over There: An Offshore Solution To The Right To Be Forgotten, Jay Kaganoff

Northwestern Journal of International Law & Business

The right to be forgotten is a subject of contention in both the United States and the European Union. In the E.U., the right to be forgotten gives one the right to demand that information—even if published legitimately—be taken down or removed from search engine results. While well-intentioned, this has led to concerns of free press restrictions. In contrast, the right to be forgotten is not recognized in the U.S., although there are scholars who would like to see such a right here. This Note takes the view that introducing a right to be forgotten would be contrary to the …

International Energy Law And The Paris Agreement In The Aftermath Of The Covid-19 Pandemic: Challenges And Possibilities, Carolina Arlota

ILSA Journal of International & Comparative Law

No abstract provided.

Erga Omnes Partes Before The International Court Of Justice: From Standing To Judgment On The Merits, Nawi Ukabiala, Duncan Pickard, Alyssa Yamamoto

ILSA Journal of International & Comparative Law

No abstract provided.

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Forget Bit: The Impact Of Rta On Fdi And Economic Growth – A Comparison Of Brazil And Mexico, Rosa Meguerian-Faria

Northwestern Journal of International Law & Business

This article explores the relationship between international trade law, foreign direct investment (FDI), and economic growth of developing countries. Here, I argue that a developing state needs to capture the right combination of the different types of FDI to promote domestic growth. I apply principles of law, economics, and finance to my analysis of the importance of Bilateral Investment Treaties (BITs), compared to Regional Trade Agreements (RTAs) to FDI inflow, and how it can impact economic growth in developing countries. I show that the RTAs give a signal that the country is open to foreign investment, and therefore it promotes …

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.

The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol

UC Law SF International Law Review

Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …

The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman

UC Law SF International Law Review

As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …

The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli

UC Law SF International Law Review

Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …

Masthead

UC Law SF International Law Review

No abstract provided.

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

The Right To Access The Sea And Why India Should Pioneer It, 53 Uic J. Marshall L. Rev. 947 (2021), Dhananjay Sahai, Prashant Khurana

UIC Law Review

No abstract provided.

Evolution Of Legal Topics, Rights And Obligations In The United States, Roberto Rosas

Faculty Articles

What new constitutional rights does the American Legal system have to offer? The United States Constitution is a document that continues to be interpreted every year. The Supreme Court hears recent cases with the purpose of interpreting the meaning of the Constitution. Since the creation of the Supreme Court, the Constitution has been analyzed in different ways – some interpretations lasting decades and some amendments going through changes depending on the different ideologies of the Justices on the Court.

This article discusses some of the rights established by the Supreme Court from 2016 to 2019 and provides the background as …

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …

The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Two Steps Forward, One Step Back? An Attempt To Cure Due Process Paranoia, Louis Yi Hang Lau

Singapore Law Journal (Lexicon)

Time, cost and quality. These are the qualities that an efficient arbitration must have. In recent times, however, the arbitral process has struggled to maintain this balance, with the efficiency of the arbitral process rated among the top five worst characteristics of international arbitration. The fact that parties may resort to a curial review of arbitral awards in an annulment or refusal of enforcement action merely adds on to this delay.

Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang

UC Law SF International Law Review

Drawing upon overseas experiences, notably the U.S., China introduced the legal regime for shareholder inspection rights in its first national company law and over the years, has gradually developed more detailed rules and made amendments intended to better suit the local conditions. Apart from written law, this paper also conducts an empirical study of how the law has been applied in practice, by examining relevant cases adjudicated from 2012 to 2017. The empirical findings show that China’s shareholder inspection rights have some distinctive features, and there are similarities and differences between China and the U.S. (as represented by Delaware). Despite …

Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi

FIU Law Review

No abstract provided.

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

FIU Law Review

No abstract provided.

Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões

Cardozo International & Comparative Law Review

Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party appointment is a tool ofpolitical influence over the arbitrators' interpretative space. Suggestions for reform of the system have proliferated. The most radical proposal currently on the table-the creation of a permanent investment court-would cause a paradigm shift in the selection of adjudicators, moving from a disputing party framework, to a treaty party context. This article analyzes different options to reduce …

Is There A New Extraterritoriality In Intellectual Property?, Timothy R. Holbrook

Faculty Articles

This Article proceeds as follows. Part I discusses the state of the law of extraterritoriality in copyright, trademark, and patent, as it stood before the Supreme Court’s recent intervention. This review demonstrates that all three disciplines were treating extraterritoriality very differently, and none were paying much attention to the presumption against extraterritoriality. Part II reviews a tetralogy of recent Supreme Court cases, describing the Court’s attempt to formalize its approach to extraterritoriality across all fields of law. Part III analyzes the state of IP law in the aftermath of this tetralogy of extraterritoriality cases. It concludes that there has been …

The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia, Deborah A. Widiss

Articles by Maurer Faculty

The United States and Australia are unusual in their approach to providing paid time off to new parents. Virtually every other country in the world provides maternity leaves that are far longer than paternity leaves, even if they also provide supplemental parental leave available to either parent. Recently-enacted laws in the United States and Australia, by contrast, eschew sex-specific classifications entirely. But, while both adopt gender-neutral approaches, they are structured quite differently. American laws provide each parent equal and non-transferable benefits; Australian law provides an extended period of benefits to a “primary” caregiver, and a much shorter period of benefits …

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review (2017-Present)

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …