Comparative and Foreign Law Commons^™

Rethinking The Law And Ethics Of Undercover Warfare, Raphael Bitton

Cardozo International & Comparative Law Review

This paper offers a new ethical and legalframework for undercover warfare. It begins by criticizing the traditional reasoning for the duty to wear unform. It demonstrates the insufficiency of the principle of 'distinction'. which dominates current discourse. It argues, instead, that the rationale for the duty to wear unforms is based on a new principle in international law that this paper advocates: the principle of accountability. The active form of global accountability requires some degree of states' transparency about their military activity. This allows other states to respond by exercising passive form of accountability and punish violations of international law. …

Living Illegal: Being Lgbt In Russia, Jeremy M. Tsuchitani-Watson

Cardozo International & Comparative Law Review

As lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) rights around the world continue a wave of progress, it is hard to imagine that the advances are being erased at the same pace. It is even harder to imagine this happening in a democratic society in a developed country. Finally, it is even more astounding that this is happening in a country that is considered a super power. However, it is happening, and has been happening since 2006.

For many reasons, the LGBTQ community has become a target of the Russian government; both the federal government and localized governments. …

Stand For The National Flag And Sing The National Anthem, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper uses a comparative law approach to review a national anthem case that is one of the most famous decisions coming from the Japanese Supreme Court. Public school teachers in Japan are required to stand up in front of the national flag and sing the national anthem during public school ceremonies. This paper reviews their constitutional rights.

The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius

Cardozo International & Comparative Law Review

The article examines the ethical challenges and legal complexities surrounding nonattorney advocacy in labor relations, particularly under the National Labor Relations Act (NLRA) and similar state statutes. It highlights the tension between holding non-lawyer union representatives to attorney ethical standards and the need for simpler, practical norms. The analysis emphasizes the importance of balancing due process for pro se parties with maintaining the integrity of advocacy roles, suggesting that resorting to fundamental statutory values and reciprocal duties can provide a baseline for ethical conduct.

The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland

Cardozo International & Comparative Law Review

No abstract provided.

Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop

Cardozo International & Comparative Law Review

The note argues that Section 280E of the Internal Revenue Code unfairly penalizes medical marijuana businesses by disallowing ordinary business expense deductions, despite their legality under state laws. It proposes that Congress should amend Section 280E to create an exception for medical marijuana companies, allowing them to deduct business expenses, thereby promoting industry growth and aligning tax policy with current societal and scientific understanding of marijuana's medical benefits.

Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield

Cardozo International & Comparative Law Review

The note argues that social media platforms should bear legal responsibility for preserving video evidence of international crimes, as such evidence is crucial for prosecuting genocide, war crimes, and crimes against humanity. The author emphasizes that while these platforms effectively remove harmful content, their current practices risk losing critical evidence necessary for justice, necessitating a legal framework to ensure preservation.

Stock Market Reactions To India's 2016 Demonetization., Vikramaditya S. Khanna, Dhammika Dharmapala

Articles

On November 8, 2016, the Indian government made a surprise announcement that certain currency notes (representing 86 percent of the currency then in circulation) would no longer be legal tender (although they could be deposited in banks over a limited period). The stated reason for this sudden “demonetization” was to combat tax evasion and corruption associated with “unaccounted for” cash. We compute abnormal returns for different subsamples of firms—defined by industry, ownership structure, and other characteristics—on the Indian stock market around this event. There is little evidence that sectors thought to be associated with greater tax evasion or corruption experienced …

Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein

Faculty Scholarship

Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …

Lembaga Quasi Non Governmental Organization (Quango) Dalam Sistem Ketatanegaraan Indonesia: Majelis Ulama Indonesia, Ali Abdilah, Rico Novianto

Jurnal Hukum & Pembangunan

Quasi Non-Governmental Organization institution or Quango is not as wellknown as other state institutions in Indonesia. However, it does not mean this institution does not exist in Indonesia. This article discusses the existence of Quango institution in Indonesian state institutions, especially Majelis Ulama Indonesia (MUI). This article explains the definition of Quango and the characteristics of Quango in several countries. Moreover, based on this article, it is believed that MUI can be classified as Quango in Indonesia state Institutions. To attain the expected result, this contribution employs normative legal studies by using some literature regarding Quango and its existence in …

Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla

Pace International Law Review

Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens …

Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans

Pace International Law Review

China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …

Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala

International Journal on Responsibility

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule …

Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert

Washington and Lee Journal of Civil Rights and Social Justice

In 2012, France adopted new prohibitions on sexual harassment into its Labor and Penal Codes. That enactment, which significantly broadened the definition of actionable harassment, was based on a model of harassment law that defines sexual harassment as a form of discrimination, while the French have traditionally conceived of sexual harassment as a form of sexual violence. Cases decided under the new prohibitions, as well as additional legislation adopted in France in 2016 and 2018, the latter prompted by France’s “#MeToo” movement, suggest that the French are beginning to perceive sexual harassment as implicating issues of both dignity and equality …

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

Washington and Lee Journal of Civil Rights and Social Justice

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …

Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson

Washington and Lee Journal of Civil Rights and Social Justice

Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing good ideas …

Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, Adam Szafranski, Piotr Szwedo And Malgorzata Klein

Catholic University Law Review

The internet is virtually ubiquitous and is becoming more accessible to young people all over the world. Along with the many benefits it brings, the internet poses serious risks to the human rights of its most vulnerable users, viz. children. The United Kingdom, Poland and the U.S. State of Utah have already started to mitigate this risk through a variety of regulatory mechanisms. A priori, both self-regulation and hard law can satisfy international requirements on freedom of services and freedom of expression, but each requires careful scrutiny. Neither self-regulation nor soft law appear to be sufficient. It would seem, …

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …

A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

This article presents findings from an empirical network analysis of citation practices in Singapore’s highest court. A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Network centrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Complete Distributive Rules And The Single Tax Principle: A Review Of Recent Italian Case Law, Reuven S. Avi-Yonah, Gianluca Mazzoni

Articles

The authors, in this article, examine the application of complete distributive rules as set out in various tax treaties as it relates to the single tax principle by reference to recent Italian case law.

On 11 October 2018, in Decision No. 25219, the Italian Corte Suprema di Cassazione (Supreme Court, CSC) confirmed that treaty provisions limiting the exercise of the domestic power to tax by the source state also apply where the residence state does not actually tax the relevant item of income. In that case, where a tax treaty attributes exclusive tax jurisdiction over an item of income to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Trump, Trade, And Trabajo: Renegotiating Nafta's Labor Accord In A Fraught Political Climate, Lance A. Compa

Indiana Journal of Global Legal Studies

Quitting the Trans-Pacific Partnership (TPP) and demanding renegotiation of the North American Free Trade Agreement (NAFTA)- along with its supplemental labor pact, the North American Agreement on Labor Cooperation (NAALC)-were among the first actions of the new U.S. Administration in 2017. NAFTA renegotiations concluded for the time being-in October 2018 with announcement of the United States-Mexico-Canada Agreement (USMCA) to replace NAFTA.

Controversial proposals on the bargaining table contained important implications for employment, labor rights, and labor standards in North America. This paper reviews the status of negotiations, the risks of losing the first-ever international instrument linking trade and labor standards …

Younger Generations Are Infected By Continuous Socialization To Accept Diminished Privacy: A Global Analysis Of How The United States' Constitutional Doctrine Is A Main Contributor To Eroded Privacy, Tiffany Kim

Indiana Journal of Global Legal Studies

Since the nineteenth century, privacy concerns have increased with the growth of technology. The invention of instantaneous photography, coupled with the enlarged presence of press, was met with concerns of degraded privacy. Society has formed expectations of privacy, but as time passes, those expectations continue to diminish. Younger generations have been socialized to accept lessened levels of privacy in this digitalized world of mass data and connectivity.

Individual privacy expectations vary globally. The construction of China's government and culture produces a lesser expectation of individual privacy than that of the United States. As outlined in the U.S. Constitution, U.S. citizens …

Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez

Indiana Journal of Global Legal Studies

Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …

Draining The Flooded Markets: Tariffs, Suniva & Solar Energy Investment, Michael A. Stroup

Indiana Journal of Global Legal Studies

Demand for solar energy in the United States has increased significantly over the past half century. Despite the falling costs of solar infrastructure, the United States solar energy market is at a turning point. In 2017, two insolvent U.S. solar manufacturers, Suniva and SolarWorld America, successfully petitioned the International Trade Commission (ITC) to invoke Section 201 of the 1974 Trade Act. The two U.S. manufacturers argued that a surplus of imported Chinese solar panels has driven the cost of solar infrastructure too low and forced them out of the market. The ITC responded by recommending tariffs on global solar photovoltaic …

The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell

Indiana Journal of Global Legal Studies

Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …

Evidence Struggles: Legality, Legitimacy, And Social Mobilizations In The Catalan Political Conflict, Susana Narotzky

Indiana Journal of Global Legal Studies

Different kinds of evidence are put forward to make an argument and justify political action by agents situated in diverse social, cultural, and power positions. The Catalan political conflict is a case in point. The central Spanish government's arguments are mostly of a juridical nature and rest on the anti-constitutionality of the Catalan government and other civil society organizations' actions. Instead, most arguments of Catalan supporters of independence are based on historical interpretations of grievances referring to national institutions and identity. Supporters of independence, under the politically inspired actions of major civil society associations, have mobilized hundreds of thousands of …