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Full-Text Articles in Comparative and Foreign Law

Focus On Comparison In Comparative Law, A, Kirk W. Junker Jan 2014

Focus On Comparison In Comparative Law, A, Kirk W. Junker

Duquesne Law Review

No abstract provided.


Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo Jan 2014

Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo

Duquesne Law Review

No abstract provided.


Parliamentary Groups In The Evolving Italian Political System, Vito Cozzoli Jan 2014

Parliamentary Groups In The Evolving Italian Political System, Vito Cozzoli

Duquesne Law Review

No abstract provided.


Control Over Personal Data, Privacy And Administrative Discretion In Europe And The Usa: The Paradox Of Italian “Data Protection Authority”, 30 J. Marshall J. Info. Tech. & Privacy L. 721 (2014), Marco Quiroz Vitale Jan 2014

Control Over Personal Data, Privacy And Administrative Discretion In Europe And The Usa: The Paradox Of Italian “Data Protection Authority”, 30 J. Marshall J. Info. Tech. & Privacy L. 721 (2014), Marco Quiroz Vitale

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato Jan 2014

Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato

UIC John Marshall Journal of Information Technology & Privacy Law

On December 15th, 2010, the Government of Canada agreed to Bill C-28, the Fighting Internet and Wireless Spam Act, with the intent to “deter the most damaging and deceptive forms of spam… from occurring in Canada and to help to drive out spammers.” Canada‟s Anti- Spam Legislation (“CASL”) was born. Although CASL has only been in force since July 1st, 2014, we argue that the Act may not survive constitutional scrutiny as it unduly restricts freedom of speech.


The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller Jan 2014

The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller

UIC John Marshall Journal of Information Technology & Privacy Law

The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …


The Right To Be Forgotten: Forced Amnesia In A Technological Age, 31 J. Marshall J. Info. Tech. & Privacy L. 133 (2014), Robert Bolton Jan 2014

The Right To Be Forgotten: Forced Amnesia In A Technological Age, 31 J. Marshall J. Info. Tech. & Privacy L. 133 (2014), Robert Bolton

UIC John Marshall Journal of Information Technology & Privacy Law

In the modern era, the connection between technology and one’s personal life has increased the number of moments recorded for posterity. While in many circumstances this is an ideal opportunity for fond recollection, it has the downside of displaying for others our less flattering moments. Because the Internet has such a wide scope, once something has entered its domain, it is virtually impossible to permanently remove. With a public increasingly perceiving this winnowing of privacy as a negative tendency, legislators both at home and abroad have made proposals that attempt to place restrictions on what content social media is allowed …


Eyes On The Road Program In Taiwan―Information Privacy Issues Under The Taiwan Personal Data Protection Act, 31 J. Marshall J. Info. Tech. & Privacy L. 145 (2015), Chen-Hung Chang Jan 2014

Eyes On The Road Program In Taiwan―Information Privacy Issues Under The Taiwan Personal Data Protection Act, 31 J. Marshall J. Info. Tech. & Privacy L. 145 (2015), Chen-Hung Chang

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Breach Notification Requirements Under The European Union Legal Framework: Convergence, Conflicts, And Complexity In Compliance, 31 J. Marshall J. Info. Tech. & Privacy L. 317 (2014), Samson Esayas Jan 2014

Breach Notification Requirements Under The European Union Legal Framework: Convergence, Conflicts, And Complexity In Compliance, 31 J. Marshall J. Info. Tech. & Privacy L. 317 (2014), Samson Esayas

UIC John Marshall Journal of Information Technology & Privacy Law

The European Union (EU) legal landscape on data privacy and information security is undergoing significant changes. A prominent legislative development in recent years is the introduction of breach notification requirements within a number of regulatory instruments. In only the past two years, the Community legislator has adopted, and proposed, four different regulatory instruments containing breach notification requirements. There are also existing requirements for the telecom sector. This creates a complex mesh of regulatory frameworks for breach notification where different aspects of the same breach within the same company might have to be dealt with under different regulatory instruments, making compliance …


Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner Jan 2014

Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


International Court Of Justice, The State Of Amalea, The Republic Of Ritania Jan 2014

International Court Of Justice, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

On behalf of Amalea ("the Applicant") and the Republic of Ritania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning Certain Activities within the Malachi Gap, signed in The Hague, The Netherlands, on the seventeenth day of September in the year two thousand thirteen.


Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi Jan 2014

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

Articles

No abstract provided.


Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky Jan 2014

Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky

UC Law SF International Law Review

No abstract provided.


Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss Jan 2014

Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss

UC Law SF International Law Review

Allegations by political leaders and others that offshore financial centers enable multinational enterprise to avoid paying a "fair" amount of tax-and that they enable wealthy individuals to evade paying any tax, much of it on ill gotten gains-are once again garnering headlines and inspiring government action. One of the most prominent commentators on these topics, The Tax Justice Network, has recently claimed that thanks to the services of tax havens, $21 trillion to $32 trillion of wealth of questionable origin remains hidden and untaxed, and that such abuse must be stopped through greater regulation. In this paper we argue that …


Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj Jan 2014

Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj

UC Law SF International Law Review

Trademarks are inherent features of transnational business transactions. From a trade perspective, a trademark is used by a business as an identification sign to distinguish its goods or services from those of its competitors. Trademarks are also a form of investment as they are valuable business assets; they can be sold or licensed. This paper provides a comprehensive analysis of the international economic rules that apply to transnational business activities requiring trademark protection. It answers the key question: What is the role of trade and investment treaties in ensuring trademarks are duly respected? The paper demonstrates that some trademark infringement …


Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez Jan 2014

Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez

UC Law SF International Law Review

Apple Inc. ("Apple") is one of many multinational corporations in the electronics industry that uses a voluntary transparency policy to manage disclosure of information pertaining to labor conditions of supply chain factories. This note analyzes the strengths and weaknesses of Apple's transparency policies over the years, as well as the events that triggered these policies. This note also examines voluntary disclosure schemes generally, and discusses the inherent limitations of a policy that is self-defined and self-enforced. Despite its limitations, Apple's policy has initiated some positive changes to labor practices and has contributed to a broader discussion on corporate social responsibility …


International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan Jan 2014

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.


Accelerated Formation Of Customary International Law, Michael P. Scharf Jan 2014

Accelerated Formation Of Customary International Law, Michael P. Scharf

ILSA Journal of International & Comparative Law

By tradition, jurists, statesmen, and scholars have looked exclusively to two factors to divine whether an emergent rule has attained customary international law status: 1) widespread State practice and 2) manifestations of a conviction that the practice is required by international law.


The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey Jan 2014

The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey

ILSA Journal of International & Comparative Law

"We do not negotiate with terrorists." On May 31, 2014, Sergeant Bowe Bergdahl, the only American prisoner of war (POW), was released by his captors after five years of captivity.


Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals Jan 2014

Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals

ILSA Journal of International & Comparative Law

Hoy en dia es frecuente la adquisici6n de bienes y servicios a trav6s de Internet, asi como el uso de servicios de informaci6n de lo mis variado en la red.


Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio Jan 2014

Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio

ILSA Journal of International & Comparative Law

Grotian Moment is a term that signifies a "paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance."'


Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda Jan 2014

Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda

ILSA Journal of International & Comparative Law

A recent headline read, "Blood on Your Handset: Is your Cellphone Made with Conflict Minerals Mined in the Congo?


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

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') have consented to submit this dispute to the International Court of Justice ('this Court'), in accordance with Articles 36(1) and 40(1) of the Statute of the International Court of Justice ('the Statute'), by way of Compromis transmitted to the Registrar on 17 September 2013. Amalea and Ritania have undertaken to accept this Court's decision as final and binding on them and commit to comply with it in its entirety and in good faith.


Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals Jan 2014

Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals

ILSA Journal of International & Comparative Law

Today, the acquisition of goods and services through the Internet is frequent, just like the use of the most varied information services on the net.


Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote Jan 2014

Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote

Chapters in Books

Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …


Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León Jan 2014

Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León

Michigan Journal of Gender & Law

In Chile, the Criminal Code bans all forms of abortion. Furthermore, the Constitution—drafted and enacted by the Military Junta led by General Augusto Pinochet—was inspired by a conservative version of Catholic natural law championed by prominent Chilean constitutional law scholars. This Article traces the emergence, development, and ultimately the defeat of a persistent legal mobilization driven by natural law-inspired litigants, politicians, and scholars against levonorgestrel-based emergency contraception, also known as the morning-after pill. In their decade-long efforts at legal mobilization, these natural law litigants used every tool of the Chilean legal system to challenge the legality and the constitutionality of …


Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu Jan 2014

Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu

Washington International Law Journal

Beginning in 2008, the Supreme People’s Court of China started publishing the Annual Report on Intellectual Property Cases each April. By summarizing and reviewing intellectual property cases recently decided, the annual reports cover legal issues of general guidance that are selected to reflect adjudication standards and methods, as well as legal policies endorsed by the Supreme People’s Court. This translation includes all 34 cases and 37 legal issues as set forth in the 2012 Annual Report, touching on patent law, trademark law, copyright law, competition law, and litigation procedure. Although China is not a common law country, these cases still …


Dare You Sue The Tax Collector? An Empirical Study Of Administrative Lawsuits Against Tax Agencies In China, Ji Li Jan 2014

Dare You Sue The Tax Collector? An Empirical Study Of Administrative Lawsuits Against Tax Agencies In China, Ji Li

Washington International Law Journal

Though taxes are as certain as death, each year tens of thousands of people in the United States go to court to challenge their assessed tax liabilities, and many succeed. By contrast, very few Chinese taxpayers litigate against tax agencies, and most of those who sue eventually settle, despite low formal litigation costs. China’s nonlitigious culture does not fully explain the reluctance to sue, as courts in Taiwan adjudicate five times more lawsuits against tax agencies. Judicial bias favoring government officials, weak enforcement of judgments against the state, and agency retaliation help to explain the aversion to litigate disputes with …


Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith Jan 2014

Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith

Washington International Law Journal

Restrictive Philippine laws and a lack of public funding have limited Filipinos’ access to modern contraception, resulting in high maternal mortality rates, high birth rates, unmet needs for family planning, and health disparities between the lowest-income and wealthier women. Following the 1991 decentralization reforms, Local Government Units plan, administer, and fund most Philippine health services. In the context of reproductive healthcare, decentralization has led to inequality, inadequate financing, successful opposition to contraception by the Catholic Church, and a lack of clear national standards. After a fourteen-year legislative struggle, on December 21, 2012, President Aquino signed “The Responsible Parenthood and Reproductive …


Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe Jan 2014

Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe

Richmond Journal of Global Law & Business

The omission to define the term "investment" in the ICSID Convention is one of the most critical decisions that has led to inconsistent jurisprudence and the resulting debate regarding the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term "investment" in ICSID arbitral practice have focused more on whether the scope of the meaning of "investment" …