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Articles 5221 - 5250 of 14134
Full-Text Articles in Comparative and Foreign Law
Beyond Ownership: State Capitalism And The Chinese Firm, Curtis J. Milhaupt, Wentong Zheng
Beyond Ownership: State Capitalism And The Chinese Firm, Curtis J. Milhaupt, Wentong Zheng
UF Law Faculty Publications
Chinese state capitalism has been treated as essentially synonymous with state-owned enterprises (SOEs). But drawing a stark distinction between SOEs and privately owned enterprises (POEs) misperceives the reality of China’s institutional environment and its impact on the formation and operation of large enterprises of all types. We challenge the “ownership bias” of prevailing analyses of Chinese firms by exploring the blurred boundary between SOEs and POEs in China. We argue that the Chinese state has less control over SOEs and more control over POEs than its ownership interest in the firms suggests. Our analysis indicates that Chinese state capitalism can …
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French
Faculty Scholarship
Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …
Gaming Corporations Gamble With The Fcpa, Joseph Grusman
Gaming Corporations Gamble With The Fcpa, Joseph Grusman
UNLV Gaming Law Journal
No abstract provided.
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …
Does Shari’A Play A Role In Turkey?, Russell Powell
Does Shari’A Play A Role In Turkey?, Russell Powell
Pepperdine Law Review
An essay is presented in which the author explores the relationship of religious law with contemporary Turkey. Topics discussed include certain civil law supporting adoption of Sharia in Turkey, role of religious people in providing protection to religious freedom in Turkey, and role of traditional Kemalist secularism laiklik in distinguishing Turkey.
“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger
“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger
Pepperdine Law Review
An essay is presented in which the author explores fragility of Israeli secularism related to Jewish religion. Topics discussed are the impact of religious monopoly over personal status in Israel on Israeli secularism, the origination of religious monopoly over personal status during the Ottoman Empire's rule over Palestine, and dispute resolution of domestic cases in communities' and tribes' religious tribunals under their religious laws.
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
Pepperdine Law Review
At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Pepperdine Law Review
The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden
Georgia Journal of International & Comparative Law
No abstract provided.
Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris
Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes
Tacking In Stormy Weather: The Shipping Act Of 1984, R. Dale Hughes
Georgia Journal of International & Comparative Law
No abstract provided.
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Georgia Journal of International & Comparative Law
No abstract provided.
Securities Regulations Investigations - United States-Swiss Treaty Attempts To Increase Cooperation In Releasing Names Of Swiss-Based Account Holders Involved In United States Securities And Exchange Commission Investigations, Daniel B. Simon Iii
Georgia Journal of International & Comparative Law
No abstract provided.
International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein
Georgia Journal of International & Comparative Law
No abstract provided.
Removing The Distraction Of Delay, Jill E. Family
Removing The Distraction Of Delay, Jill E. Family
Catholic University Law Review
Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the constant threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal. There is a push and pull phenomenon, with immigration adjudication stretched uncomfortably in between two forces. On the one side, there is a push to apply common notions of due process to immigration removal cases, to push that the same concepts of procedural justice should apply in immigration cases as they would in any other context. On …
Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue
Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of foreign intelligence collection …
High Courts And Election Law Reform In The U.S. And India, Manoj Mate
High Courts And Election Law Reform In The U.S. And India, Manoj Mate
Journal Articles
Over the past decade, the push for electoral reform in India and the United States – the world’s two largest democracies – has been prominent in the politics and governance of both nations. The supreme courts in each country have played important, but distinct, roles in recent electoral reform efforts, responding to different facets and regimes of political corruption. In the 1990s, the Indian Supreme Court became increasingly assertive in requiring greater levels of disclosure and transparency for political parties in India. In a series of decisions in 2002 and 2003, the Indian Supreme Court challenged the Central Government’s failure …
Escaping The American Blot - A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, William Buss, Emily Buss
Escaping The American Blot - A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, William Buss, Emily Buss
Cornell International Law Journal
No abstract provided.
Georgia Journal Of International And Comparative Law Managing Board, 2015-2016, Georgia Journal Of International And Comparative Law
Georgia Journal Of International And Comparative Law Managing Board, 2015-2016, Georgia Journal Of International And Comparative Law
Materials from All Student Organizations
No abstract provided.
Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe
Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe
Northwestern University Law Review
No abstract provided.
Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig
Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig
Chicago-Kent Law Review
With the recent public furor in the United States regarding “Shari‘a,” studies into the content of Islamic jurisprudence concerning Muslims living under non-Muslim jurisdiction are more pertinent than ever in the U.S. context. As “anti-Shari‘a” rhetoric has increased in fervency, informed input into the debates could go some way in correcting the peddled misconceptions. The paper begins by assessing how Muslim scholars viewed a Muslim’s travel to and residence in non-Muslim lands, and the obligation to abide by the laws of the land. It will focus on the jihad (siyar) section in Islamic jurisprudence and the section on …
Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook
Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook
Pepperdine Law Review
This paper analyzes differing views and approaches to kompetenz-kompetenz and proposes a workable framework of kompetenz-kompetenz for the future. Part II provides an overview of the general principle of kompetenz-kompetenz, discussing the views of some of the leading international commercial arbitration scholars on kompetenz-kompetenz. Part III analyzes the approaches taken by the United States and the United Kingdom and uses them as helpful illustrations of kompetenz-kompetenz in practice. Part IV notes the shortcomings of the aforementioned approaches and proposes a limited form of negative kompetenz-kompetenz as the solution.
Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake
Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake
Georgia Journal of International & Comparative Law
No abstract provided.
English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn
English Labor Law - The 1984 Trade Union Immunities Act And Its Effect On Unions' Legal Status, Bret J. Pangborn
Georgia Journal of International & Comparative Law
No abstract provided.
The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams
The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams
Georgia Journal of International & Comparative Law
No abstract provided.
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
Georgia Journal of International & Comparative Law
No abstract provided.
General Discussion, Georgia Journal Of International And Comparative Law
General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain
Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie
Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie
Georgia Journal of International & Comparative Law
No abstract provided.
Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre
Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre
Georgia Journal of International & Comparative Law
No abstract provided.