Comparative and Foreign Law Commons^™

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

Re-Examining The Business Judgment Rule From A Comparative Perspective: Is It Really In The Shareholders’ Interests?, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

One of the most remarkable features of US corporate law–at least, from the perspective of a foreign scholar–is the power given to the board of directors. Under current US corporate law (especially, in Delaware), the authority of the board of directors is not in significant question. Several arguments have been given to explain this reality; and various policy justifications may even support the lack of substantive checks on board discretion.

Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel

Cardozo Law Review

No abstract provided.

The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul

Chicago-Kent Law Review

In the context of multilateral trading, there is a historical tension between economically oriented, laissez-faire, pro-trade concerns as they are juxtaposed with social, environmental, and health concerns. These conflicting values are inextricable from one another in a world that encourages, and quite frankly mandates, a high level of economic interdependency. But what if institutional actors could reconcile these conflicting values—at least toward the more efficient and practical goals of alleviating (rather than eliminating) the underlying tension? This Note argues that Article 2.2 of the World Trade Organization’s Technical Barriers to Trade Agreement operates to reconcile these fundamental tensions to some …

The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel

Chicago-Kent Law Review

Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes—often in interaction with litigation—has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants.

Although many observers critique this state of affairs and wish for a legislature more able to act, this essay argues that more …

Mapping Chinese Trusts With A Patrimony Compass, Thomas Simmons

Faculty Publications

Review of: Kai Lyu, Re-Clarifying China's Trust Law: Characteristics and New Conceptual Basis, 36 Loy. L.A. Int'l & Comp. L. Rev. 447 (2015).

The Burden Of Proof In International Commercial Arbitration: Are We Allowed To Adjust The Scales, Francisco Blavi, Gonzalo Vial

UC Law SF International Law Review

This work discusses the possibility of the parties to change the burden of proof rules in international commercial arbitration and the powers of the arbitral tribunal in this regard, concluding that the parties are entitled to alter the referred rules subject to some limitations, such as the principle of fair and equal treatment, mandatory rules and considerations of public policy and good faith. In addition, we observed that even though arbitrators have broad powers to determine the burden of proof, they are generally obliged to respect the agreements reached by the parties in relation with that burden.

Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips

UC Law SF International Law Review

No abstract provided.

"One Order Of Genocide And Two Sides Of Extinction": Proposing An International Solution To Preventing The Destruction Of The Elephant And Rhinoceros Species In Mozambique And Tanzania, Sean Pan

UC Law SF International Law Review

This Note posits the notion that the massacre of the elephant and rhinoceros species in Mozambique and Tanzania resembles the type of monstrous conduct the international community generally brands as the crime of genocide. While it is folly to ignore genocide's historical application towards human victims, both the relentless manner in which these animals are killed along with their drastically diminished populations begs, at least, for international criminal charges and convictions. Additionally, modern legal precedent and historical practices suggest a broader application of the crime of genocide-one that should include other protected and threatened groups.

Glass Ceiling Or Iron Weight?: Challenges For Female Employees On Their Path To Becoming Managers And Executives In Japan, Hiroya Nakakubo

UC Law SF International Law Review

No abstract provided.

Large-Scale Dispute Resolution In Jurisdictions Without Judicial Class Actions: Learning From The Irish Experience, S.I. Strong

ILSA Journal of International & Comparative Law

Recent years have seen an unprecedented expansion of the ability to assert large-scale claims in national judicial systems, either on a collective or representative (class) basis.

Loss And Damage And The 21st Conference Of The Parties To The United Nations Framework Convention On Climate Change, Dr. Wil Burns

ILSA Journal of International & Comparative Law

The early fouc of the Parties to the United Nations Framework Convention on Climate Change ("UNFCCC") was on programs and policies to reduce greenhouse gas emissions and emissions from land-use and forestry, commonly referred to as mitigation.

Securing Child Rights In Time Of Conflict, Diane Marie Amann

ILSA Journal of International & Comparative Law

It is an honor to serve on this panel alongisde representatives from two pillars of child protection, the Office of Children's Issues at the United States Department of State and the Office of the Special Representative of the United Nations Secretary- General for Children and Armed Conflict.

An Interim Essay On Fifa's World Cup Of Corruption: The Desperate Need For International Corporate Governance Standards At Fifa, Bruce W. Bean

ILSA Journal of International & Comparative Law

On May 27, 2015, the United States Department of Justice unsealed a 161-page indictment (the "Indictment") in the United States District Court for the Eastern District of New York.

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul R. Williams, Christin Coster

ILSA Journal of International & Comparative Law

Based on the public International Law & Policy Group's ("PILPG") two decades of experience assisting countries and clients in conflict situations.

Fact Finding And States In Emergency, Charles Garraway

ILSA Journal of International & Comparative Law

In the first quarter of the 21st Century, fact-finding has almost become a mantra.

United States Foreign Assistance: Beyond Good Intentions And Toward Accountability, James Filpi, Luke Murry

ILSA Journal of International & Comparative Law

The United States is ushering in a new era of foreign assistance unparalleled in its history.

Saving Lives And Building Society: The European Migration Agenda, Dr. Catherine Tinker

ILSA Journal of International & Comparative Law

The European Union is attempting to manage an extraordinary flow of migrants and refugees into Europe, exceeding 1,000,000 in 2015 alone, the largest number of displaced persons (both externally and Internally) since World War II.

Captivity And The Law: Hostages, Detainees, And Criminal Defendants In The Fight Against Terrorism, Adam R. Pearlman

ILSA Journal of International & Comparative Law

This article breifly addresses three issues that practitioners handling counterterrorism issues may encounter.

The Formal Validity Of The Mortis Causa Provisions In The Regulations 650/2012 (Eu): An Article On Spanish Law, Dr. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

The purpose of the following commentary is to address the relative question of the applicable law to the formal validity of a mortis causa provision to the basis of the July Fourth, 2012 Regulation 650/2012 (Regulation 650/2012 or Regulation) of the European Parliament and Council, concerning the competence, applicable law, recognition and execution of resoluitions, acceptance and execution of public documents in the field of mortis causa inheritance and to the creation of a European certificate of inheritance.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

Annually, the American Branch of the International Law Association and the International Law Students Association (ILSA) pair up to present the International Law Weekend (ILW) conference at Fordham University School of Law, in New York City.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Taiwan’S 2016 Presidential/Vice Presidential And Legislative Election: Reflections On The Nature Of Taiwan’S Politics And Shifts Therein, John F. Copper

Maryland Series in Contemporary Asian Studies

On Saturday January 16, 2016 voters in Taiwan (officially known as the Republic of China) went to the polls to cast ballots for candidates for president (and his or her running mate) and members of the Legislative Yuan (Taiwan’s lawmaking body of government). This was Taiwan’s fourteenth presidential election and its sixth wherein the electorate cast direct votes. It was the second that did not have an incumbent president or vice president in the race. It was the second election that resulted in a change of ruling parties. It was the first election to see the main opposition party, the …

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Scholarly Articles

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …

The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro

Scholarly Articles

The authors, all data protection experts, discuss the status of the relevant data protection regulatory framework on profiling in the business sector in sev eral countries worldwide, from the constitutional level to some individual regulation including the general attitude towards the topic. The EU perspective is presented on the basis of the present directives as well as the General Data Protection Regulation. The United Kingdom, Germany and France, as three of the largest EU Member States with partly highly differing regulatory approaches represent Member State law. Australia, Brazil and the US regulation exemplify the different integration of data protection standards …

A Tale Of Two Resources: Foreign Law Guide V. Globalex, Alex Zhang

Scholarly Articles

Purpose – This article aims to examine two important foreign legal research resources, Foreign Law Guide and Globalex, under the Ellis’s information search process model.

Design/methodology/approach – This article proceeds in three sections. Part I establishes the evaluation framework based on Ellis’s information search process model, incorporating special demands arising out of foreign legal research. Part II evaluates the two reference resources under the framework established in Part I. Part III summarizes the major features and accessibility of both the databases.

Findings – Generally speaking, both Foreign Law Guide and Globalex are great reference resources for researching a foreign jurisdiction …

The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky

Scholarly Articles

While the High Court in Australia has made it clear that discretion is not to be considered when determining if an applicant may avoid persecution upon returning home, there are concerns that discretion persists in the decision-making process with respect to discrediting identity claims. In addition, the Supreme Court of the United Kingdom handed down a retooled formulation of discretion, which once again created subcategories of applicants and suggested discretion is an appropriate consideration so long as it is not exercised out of a fear of persecution. This discussion will focus on a comparison of the evolution of LGBT asylum …

Beware Of Judging A Book Just By Its Cover: Are The German Rules Of Civil Procedure, In Their Practical Application, Really As Capable To Facilitate A Speedy And Fair Trial As One Might Think?, Julia Prahl

Duke Law Master of Judicial Studies Theses

No abstract provided.

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …

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Transitional Justice Moments, Mark A. Drumbl

Scholarly Articles

Human rights are admittedly abstract but remain deeply personal. Often, however, it is easier for transitional justice to grapple with abstracted rights than it is to come to terms with actual human beings with all our indecision, nuance, resilience and unpredictability. A transitional justice brimming with abstractions and guidelines but that condescends flesh-and-blood beings quickly becomes ineffective and dehumanized. The vacillations of the human condition may well exasperate and confound, but they may also surprise and please. They may demonstrate growth and reveal great beauty. Senegalese writer Mariama Ba, in So Long a Letter, recounts how Ramatoulaye responds to …