Comparative and Foreign Law Commons^™

Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida

UC Law SF International Law Review

No abstract provided.

Will Prime Minister Abe's Womenomics Break Glass Ceilings In Japan, Hiroko Goto

UC Law SF International Law Review

No abstract provided.

Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, 41 Brook. J. Int'l L. 655 (2016), Jason J. Kilborn

UIC Law Open Access Faculty Scholarship

This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …

Post-Brexit: A Continuum For State Sovereignty, Morad Eghbal, K.C. O'Rourke

ILSA Journal of International & Comparative Law

Both sides of the Brexit campaign were very nationalist in their outlook suggesting that profitable preservation of a capitalist economy was paramount based on a conservative sense of nationalism and sovereignty

Are Cubans Unjustly Favored Relative To Non-Cubans Immigrants? - An Understanding Of The Communist Reality In Cuba And The Legitimacy Of The Cuban Adjustment Act, Leslie Perez Perez

ILSA Journal of International & Comparative Law

We believe the people of Cuba should be free from tyranny.

The Correlation Between Wiretapping And Terrorism: A Comparative Analysis Of American And European Societal Views On Government Surveillance, Lora A. Esau

ILSA Journal of International & Comparative Law

No abstract provided.

The 2016 Philip C. Jessup International Law Moot Court Competition

ILSA Journal of International & Comparative Law

BACKGROUND

Riesland and Amestonia are neighboring States with a common language and similar ethnic composition. They enjoy healthy cross-border economic, cultural, and security ties. Riesland is the top importer of Amestonian agricultural products, which has contributed to Amestonia’s rapid GDP growth. The States have concluded a number of bilateral treaties on subjects such as tourism, extradition, and intelligence-sharing.

Addressing Prison Overcrowding In Latin America: A Comparative Analysis Of The Necessary Precursors To Reform, Cindy S. Woods

ILSA Journal of International & Comparative Law

Prisons throughout Latin America are notoriously overcrowded, underfunded, and lacking in proper internal security.

Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein

American University Law Review

No abstract provided.

Common Law Trusts In Hungary And Other Continental European Civil Law Systems, 49 J. Marshall L. Rev. 709 (2016), Tibor Tajti, Robert Whitman

UIC Law Review

No abstract provided.

Trial By One's Peers: The Need To Expand Japan's Lay Judge System, Harrison L.E. Owens

Washington International Law Journal

As a civil law-based country, Japan’s legal system has historically placed a strong emphasis on the formalistic application of code provisions to cases by professional judges without a jury. Within the criminal justice system, prosecutors have played a highly significant role in all cases. They exclusively make the decision to indict an alleged criminal, conduct investigation of crimes, initiate a criminal case, and they also control and supervise enforcement of a conviction. In addition, the Prosecutors Office of Japan has historically emphasized the need to obtain a high rate of convictions to maintain the Japanese public’s trust in, and high …

Decentering Human Rights From The International Order Of States: The Alignment And Interaction Of Transnational Policy Channels, Radu G. Mares

Indiana Journal of Global Legal Studies

This article accounts for recent developments in corporate social responsibility, international trade and investment law, international human rights law, development aid, and the laws of home states reaching extraterritorially in order to advance a regulatory perspective on commerce and human rights. While these developments are remarkable, the analysis documents the prevalence of softer strategies and a corresponding scarcity of coercive legalization strategies. The question, then, is how to reason about these recent developments and their genuine potential for human rights protection. The article proposes two elements-a root-cause orientation and the interaction of policy channels-as indispensable for a regulatory and systemic …

Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu

Washington International Law Journal

China has implemented comprehensive online real-name registration rules, which require Internet users to disclose their identities. Chinese national law has required most online service providers to implement real-name registration since 2012. This article uses the real-name registration rules to illustrate the supremacy and limitations of the Network Authoritarian Model (NAM), an approach leveraging corporate resources for political surveillance and occasionally adopted by the Chinese party-state. By addressing the evolution of real-name registration rules in China, this article illustrates the party-state’s gradual efforts in both eliminating cyberspace anonymity and etching Chinese characteristics on the architecture of the Internet. Although the Chinese …

Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Benjamin Minhao Chen, Zhiyu Li

Washington International Law Journal

The principal-agent model of administrative law sees bureaucrats as imperfectly supervised agents of their political principals and courts as a tool used by the latter to monitor and check the former. This paper compares how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries where one should expect to find significant barriers to administrative litigation—Japan, Singapore, and the People’s Republic of China. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have addressed the issue of standing over time. It …

Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu

Washington International Law Journal

The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April each year, summarize and review new intellectual property cases. This translation includes all 32 cases and 38 legal issues of the 2015 Annual Report. It addresses various areas of law related to intellectual property, including patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant product patent law, and laws related to procedural and evidentiary issues in intellectual property cases. While China is not a common law country, these cases serve as guidelines for …

Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan

Indiana Journal of Global Legal Studies

The Qualitex decision in 1995 inspired trademark reformation and harmonization worldwide for the protection of color marks. While protecting color trademarks has not created issues of market entry in domestic markets, the growth in the number of transnational market participants and an increased utilization of non-traditional branding may catalyze color depletion in international trade. After exploring how current advertising expenditure requirements and distinctiveness requirements affect the registrability and protection of a color mark, this Note offers potential global reforms to help minimize hurdles for small scale transnational participants and the threat of international color depletion. Specifically, due to consumers' increasing …

The Laws Of Asian International Business Transactions, Gilles Cuniberti

Washington International Law Journal

The purpose of this article is to assess the preferences of parties to Asian international business transactions when they choose the law governing their contracts. To that end, I conducted an empirical analysis of unpublished data of the four main arbitral institutions active in Asia (outside Mainland China) for the years 2011 and 2012. I found that three laws dominate the Asian market for international contracts: English law, U.S. law, and, to a lesser extent, Singapore law. This article makes three contributions. First, it documents the regional variations in parties’ preferences: the laws which are successful in Asia are different …

The 2016 Philip C. Jessup International Law Moot Court Competition

ILSA Journal of International & Comparative Law

The State of Amestonia and the Federal Republic of Riesland appear before the International Court of Justice in accordance with Article 40(1) of its Statute through submission of a special agreement for resolution of all the differences between them concerning the Frost Files.

Enforcing International Law In U.S. Courts: The Law Of The Sea Convention At Play In Kivalina, Esmeralda Colombo

ILSA Journal of International & Comparative Law

No abstract provided.

Asistencia Al Exterior Por Parte De Los Estados Unidos: Mas Alla De Buenas Intenciones Y Hacia La Imputabilidad, James Filpi, Luke Murry

ILSA Journal of International & Comparative Law

Estados Unidos esta marcando el comienzo de una nueva era de asistencia al exterior sin precedente en su historia.

Confrontando La Superpoblacion Carcelaria En America Latina: Analisis Comparativo De Los Precursores Necesarios Para Reformar, Cindy S. Woods

ILSA Journal of International & Comparative Law

Las prisiones a lo largo de America Latina estan notablemente abarrotadas, carecen del financiamiento necesario, asi como de la seguridad interna adecuada.

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.

International Court Of Justice

ILSA Journal of International & Comparative Law

The Hague, 1 September 2015

On behalf of the State of Amestonia and the Federal Republic of Riesland, in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Special Agreement for submission to the International Court of Justice of the differences between the Applicant and the Respondent concerning the Frost files, signed in The Hague, The Netherlands, on the first day of September in the year two thousand fifteen.

Isis's Crimes Against Humanity And The Assyrian People: Religious Totalitarianism And The Protection Of Fundamental Human Rights, Yuri Mantilla Ph.D, Ll.M., Ll.B.

ILSA Journal of International & Comparative Law

Despite great technological progress, increasing free trade, instant access to international communications, and other positive aspects of globalization, the world is still characterized by systematic and widespread violations of human dignity.

La Validez Formal De Las Dispisciones Mortis Causa En El Reglamento 650/2012 (Ue): Una Lectura Desde El Derecho Espanol, Dra. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

La finalidad del comentario que sique es abordar la cuestion relativa a la ley aplicable a la validez formal de una disposicion mortis causa al amparo del Reglamento 650/2012

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Foreign Assistance Complicity, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

When does a government’s provision of assistance to foreign armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit atrocities? The question presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among the U.S. federal courts and international tribunals that have faced it.

In 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sent shockwaves through international legal circles when it acquitted former Yugoslav Army chief Momčilo Perišić of aiding and …

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak

University of Michigan Journal of Law Reform

This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender & Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

Articles

Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …