Comparative and Foreign Law Commons^™

Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein

ILSA Journal of International & Comparative Law

The 2013 International Law Weekend panel discussion, "Teaching International Law Outside Law Schools," was considered by many present to be a novel reflection on the challenges of transplanting a law school-level course in international law to non-law students.

Recent Developments In European Union Crisis Management Operations, Gilles Marhic

ILSA Journal of International & Comparative Law

The European Union (EU) has the possibility to plan, establish, and launch crisis management operations on the basis of Articles 42(4) and 43(2) of the Treaty on European Union (TEU).'

Settlement Of Maritime Delimitation Disputes Within Complex Geographical Settings, Teoman Uykur

ILSA Journal of International & Comparative Law

The topic of this Panel is a relevant issue, which is continually a subject of growing interest in the international community.

Boko Haram Terrorism: Reaching Across International Boundaries To Aid Nigeria In The Humanitarian Crisis, Lynn L. Taylor

ILSA Journal of International & Comparative Law

Every day parents around the world send their children to school with the expectation their children's lives will be improved by the education they receive.

Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain

ILSA Journal of International & Comparative Law

In the aftermath of September 11, 2001 (9/11), nations around the world began adopting emergency measures that emphasized national security but infringed on the rights guaranteed to citizens through their respective domestic constitutions and international law.

The Rise Of Frankenbeer: A Holistic Analysis On International Labeling And Beverage Laws Through The Lens Of The Ongoing Controversy Of Genetically Modified Organisms, Harrison Joss

ILSA Journal of International & Comparative Law

How come my beer doesn't tell me how many calories are contained within a single can?

Decision-Making Process Of The Inter-American Court: An Analysis Prompted By The "In Vitro Fertilization" Case, Alvaro Paul

ILSA Journal of International & Comparative Law

People have a tendency to act somewhat impulsively when they are exposed to extreme situations.

The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

The State of Amalea ["Amalea"] and the Republic of Ritania ["Ritania"] hereby submit the present dispute to the International Court of Justice ["The Court"] pursuant to Article 40(1) of the Court's Statute, in accordance with Special Agreement for submission to the Court of the differences between the parties concerning certain activities within the Malachi Gap, signed in the Hague, the Netherlands, this 17 th day of September in the year two thousand and thirteen.

Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood

Faculty Scholarship

No abstract provided.

Rethinking Social Ventures In Hong Kong, Damian Alexander Bethke, Jedrzej Gorski

Richmond Journal of Global Law & Business

Hong Kong has experienced a significant transformation in its understanding of business, which concerns the phenomenon of social ventures that attempt to combine a make money and do good approach and to apply business skills to address social needs. Social ventures live a mystical existence, as they are fully ignored from a legal perspective despite the recent reform of laws on charitable activities. This causes problems as to their general understanding, which the authors try to address with their own typology, systematically characterizing social ventures. Then the authors examine the legal environment of social ventures in Hong Kong and identify …

A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Richmond Journal of Global Law & Business

No abstract provided.

Will What Happened In Ecuador 
Stay In Ecuador? How The Existing
 International Due Process
 Analysis May Be Ineffective In 
Keeping Fraudulent Foreign 
Judgments Out Of U.S. Courts, Christopher Lento

Richmond Journal of Global Law & Business

Recent evidence in the decades-old Chevron/Ecuador litigation suggests that the $18 billion judgment rendered against Chevron by an Ecuadorian court may have been a product of conspiracy and fraud on an almost unprecedented scale. However, these allegations overshadow fundamental problems in the method by which U.S. courts determine whether judgments rendered in foreign jurisdictions may be enforced against defendants in the United States.

Under the current jurisprudential regime, courts that are faced with the question of whether a foreign judgment is enforceable in the United States follow what is termed the “international due process analysis.” In this analysis, the court …

Germany Vs. Europe: The Principle Of Democracy In German Constitutional Law And The Troubled Future Of European Integration, Russell A. Miller

Scholarly Articles

This Article introduces the Demokratieprinzip. In Part II, I begin by more fully documenting the Euro-skeptical turn in Germany's relationship with Europe, paying particular attention to the central role played by the Constitutional Court's interpretation of the Demokratieprinzip. Part III, in four subparts, provides a doctrinal introduction to the principle of democracy. First, I map the principle's bases in the text of the German Grundgesetz (Basic Law or Constitution). Second, I present the gloss the Constitutional Court has given the principle, making special reference to the Court's recent decisions involving challenges to Germany's participation in measures seeking to advance European …

Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai

Cornell Law School LL.M. Student Research Papers

Marriage is one of the most significant stages in one’s life. For many decades, gays and lesbians have been excluded from the legal institution of marriage solely because of their sexual orientation. However, the situation concerning same-sex marriage has drastically changed in many societies including the U.S. in the past several years. This recent wave of the opening of same-sex marriage has yet to reach my home country, Japan. In Japanese society where no religion opposing to same-sex activity is influential, gays and lesbians have not been persecuted criminally or religiously, which caused the absence of gay and lesbian rights …

Ghana’S Jury System On Trial, Dennis D. Adjei

Duke Law Master of Judicial Studies Theses

Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Stumbling Forward In Syria, George Bisharat

UC Law SF International Law Review

No abstract provided.

Three's (Not) A Crowd In International Tax Arbitration: International Tax Arbitration As A Development Of International Commercial Arbitration Rather Than A Map Fix, Sarah G. Nowland

UC Law SF International Law Review

One of the goals of bilateral tax conventions is mitigating instances of double taxation for each state's taxpayers. Tax conventions include a Mutual Agreement Procedure (MAP) to handle disputes brought by a taxpayer of one state claiming double taxation by his home country and the other state party to the convention. Once a claim is initiated, each state designates competent authorities to resolve the issue through MAP. MAP's three main weaknesses include the length of time it takes competent authorities to agree, the possibility that competent authorities will not reach an agreement, and that the taxpayer who brought the dispute …

A Dynamic Theory Of Judicial Role, David Landau

Scholarly Publications

Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the judicial and academic effort in these contexts is self-consciously oriented towards using courts to carry out basic improvements in the quality of political systems seen as badly deficient. In other words, the core task is to improve the quality of the democratic system over time. These …

Introductory Note To Dott. Vito Cozzoli's Parliamentary Groups In The Evolving Italian Political System, Dante Figeuroa

Duquesne Law Review

No abstract provided.

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.

Legitimacy And Independence Of International Tribunals: An Analysis Of The European Court Of Human Rights, Kanstantsin Dzehtsiarou, Donal K. Coffey

UC Law SF International Law Review

This paper explores the theoretical framework of judicial independence of international tribunals, with specific reference to the independence of the European Court of Human Rights. It then argues that independence is a key aspect of the legitimacy of an international tribunal and suggests that legal reforms designed to enhance the judicial independence of the European Court of Human Rights should focus on the two main structural parts of the Court, namely the judiciary and the Registry. This paper analyses a number of proposed reforms that can make the European Court of Human Rights more independent and credible. These insights are …

In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack

Barry Law Review

No abstract provided.

The Right To Strike - Sustainable Constitutional Reform: Comparative Case Studies Of Workers' Strikes In The Kenyan Public Sector, Ann Munene

UC Law SF International Law Review

A few years after the fall of apartheid, South Africa adopted one of the most progressive constitutions in African history in 1997. This adoption affirmed the emerging trend of constitutional reform embraced by many African nations, since the 1960s when most gained their independence. Most constitutional reform in Africa, focused on increasing human rights protections for Citizens. One such right is the right to strike.

This note will examine the Kenyans' choice to include a "Right to Strike" provision in the newly adopted Constitution of 2010, in the face of a similar provision in the Labour Relations Act of 2007. …

The Age Of Constitutions In The Americas, M C. Mirow

Faculty Publications

The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …

Around The World: A Comparison Of Approaches To Gun Homicides In The United States And Japan, Shay Raoofi

Children's Legal Rights Journal

No abstract provided.

3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray

UIC Review of Intellectual Property Law

Not many constitutional decisions from developing countries find themselves at the center of global debate like the Indian Supreme Court’s Novartis decision invalidating the Gleevec patent. The patent was invalidated under amended Section 3(d) of the Indian Patents Act, which was amended to address some of the concerns of imbalance between the maximalist and minimalist cultures in the pharmaceutical context. Section 3(d) of the Indian Patent Act introduced a new threshold of patent eligibility for pharmaceutical innovation that requires applicants to demonstrate enhanced efficacy of their products. The objective of this Article is to get beyond the reactionary reviews of …

Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson

Duquesne Law Review

No abstract provided.

Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler

Duquesne Law Review

No abstract provided.

Comparative Law In The Age Of Globalization, Mary Ann Glendon

Duquesne Law Review

No abstract provided.