Comparative and Foreign Law Commons^™

Violence Against Women In The United States And The State’S Obligation To Protect: Civil Society Briefing Papers On Community, Military And Custody Submitted To The United Nations Special Rapporteur On Violence Against Women, Rashida Manjoo, In Advance Of Her Mission To The United States Of America, Brenda V. Smith, Ashley Prather, Jaime M. Yarussi

Research Reports & White Papers

The Special Rapporteur on violence against women, its causes and consequences visited the United States of America from 24 January to 7 February 2011. In the present report, she broadly examines the situation of violence against women in the country, including such issues as violence in custodial settings, domestic violence, violence against women in the military and violence against women who face multiple, intersecting forms of discrimination, particularly native American, immigrant and African-American women.

The Special Rapporteur highlights the positive legislative and policy initiatives undertaken by the Government to reduce the prevalence of violence against women, including the enactment and …

Vat Fraud: The Tradable Services Problem, Richard Thompson Ainsworth

Faculty Scholarship

Tradable services – VoIP termination services, mobile minutes, software as a service (SaaS), or almost any service bought or sold in the “cloud” – are a distinct class of taxable supplies. These service-based supplies both resemble and differ fundamentally from goods. They also differ from services that are consumed-on-purchase (consumed services).

Tradable services are designed from the beginning for re-sale. They are hybrid supplies that behave commercially like goods, but have functional attributes that make them hard to distinguish from services generally. When determining the place of supply/ place of taxation for these kinds of supplies, their hybrid character presents …

Lessons From China?: Keeping Divorce Rates Low In The Modern Era, Catherine R. Chyi

Global Business & Development Law Journal

No abstract provided.

Considering The Next Generation Of Innovators: Incorporating The Needs Of Start-Ups Into The United States Patent And Trademark Office's Intellectual Property Strategy, Matthew J. Pinkerton

Global Business & Development Law Journal

No abstract provided.

Food Taxes: A Palatable Solution To The Obesity Epidemic?, Adriana Badilas

Global Business & Development Law Journal

No abstract provided.

Towards Promises Unfulfilled: Applying Sixteen Years Of Trade And Environmental Lessons To The Pending U.S.-Colombia Trade Promotion Agreement, Travis A. Brooks

Global Business & Development Law Journal

No abstract provided.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist

Law Faculty Publications

Strict but arguably unfair and counterproductive systems of criminal environmental law and enforcement exist in both the United States and Brazll in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting, both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.

Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

Method, Community And Comparative Law: An Encounter With Complexity Science, David J. Gerber

All Faculty Scholarship

Assume that you are attending a symposium on comparative law being held in conjunction with the annual meeting of the American Society for Comparative Law. Comparative law scholars from many universities are present, and a few legal practitioners are attending as well. One speaker begins as follows: “This talk will be about complex adaptive systems—the emerging science of complexity.” Based on experience in similar contexts, I would anticipate several common reactions among members of the audience. The most common might be “he’s in the wrong room.” Another set of reactions is likely to be “What? What’s that? Never heard of …

An Introduction To Comparative Jury Systems (Symposium Editor), Nancy S. Marder

All Faculty Scholarship

The jury is experiencing a renaissance worldwide. Countries that have never had a jury system, or have had one in the past, have turned to citizens to decide criminal cases. Countries, especially those that aspire to be more democratic, have begun to recognize the importance of having ordinary citizens participate in the criminal justice system. Meanwhile, countries with a longstanding jury tradition continue to maintain that tradition. As some countries consider how best to introduce the jury, or some variation of it such as a mixed court of laypersons and professional judges, and other countries consider how best to improve …

Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor), Nancy S. Marder

All Faculty Scholarship

As deeply-rooted as the jury is in the United States, it is not beyond improvement. There is no better starting place for ideas than England, which provided the model for our jury system. To learn firsthand about current jury practices in England, I spent two weeks observing criminal jury trials at the Old Bailey in London. My goal was to examine jury practices at the Old Bailey and to consider which ones could work well in the United States. I observed some jury practices that I thought we should adopt immediately, and others that would work well in the long …

From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima

ILSA Journal of International & Comparative Law

Imagine looking around and recognizing that you are much heavier than your fellow peers.

Italian Constitutional And Cassation Courts: When The Right To Die Of An Unconscious Patient Raises Serious Institutional Conflicts Between State Powers, Gianluca Gentili, Tania Groppi

ILSA Journal of International & Comparative Law

On February 9, 2009, the death of a young woman who had lain in a permanent vegetative state (PVS) for seventeen years brought an end to an unprecedented conflict between institutional powers in Italy.

The Unidroit Principles Of International Commercial Contracts: An Overview Of Their Utility And The Role They Have Played In Reforming Domestic Contract Law Around The World, Christine M. Whited

ILSA Journal of International & Comparative Law

Efforts to promote the unification of private substantive law took off in the latter part of the 20th century due to globalization, which rapidly increased the volume of international trade.

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Ardenia filed this case against the State of Rigalia before the International Court of Justice pursuant to Article 36(2) of the Statute of the Court on May 5, 2010

An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

ILSA Journal of International & Comparative Law

Tibet is commonly viewed in the West as having been a "Shangri- La"-a utopia unspoiled by industrialization, commercialization, or pollution.

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Rigalia and the State of Ardenia submit the present dispute concerning the Zetian Provinces to the International Court of Justice by Special Agreement, dated 5 May 2010, pursuant to article 40(1) of the Statute of the International Court ofJustice.

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets

ILSA Journal of International & Comparative Law

In the last three decades, there has been extensive jurisprudential literature positing that the structure, values, and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male- centered.

Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010, Michael O. Eshleman

ILSA Journal of International & Comparative Law

"Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty

Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak

Richmond Journal of Global Law & Business

No abstract provided.

Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu

Richmond Journal of Global Law & Business

No abstract provided.

The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff

Richmond Journal of Global Law & Business

Over the last six years, several arbitration panels have released opinions in a series of disputes raised by investors against Argentina. In each case, foreign investors claim that Argentina's use of price controls and currency devaluation following the 2002 economic crisis constituted a violation of bilateral investment treaty obligations. Despite the fact that most claimants make identical allegations, many of these decisions are highly contradictory. In some cases Argentina is absolved of liability, while in others Argentina is held liable for hundreds of millions in damages. In aggregate, the claimants seek enough money to bankrupt the Argentine Republic.

Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke

Book Chapters

No abstract provided.

Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant

Faculty Articles and Other Publications

Do we really need another law review article about foreign law in constitutional interpretation? In fact, we do. In the vast literature on the subject, a fundamental point has received scant attention. In the recent rulings that have stoked the present controversy, the Supreme Court has employed foreign law not as law, but rather merely as evidence of a legislative fact made relevant by domestic constitutional law. Commentators, however, have largely directed their attention to the merits of a genuine constitutional comparativism in which foreign law serves as a model for the creation of domestic constitutional doctrine. Many commentators have …

Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee

Barry Law Review

This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.

Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi

Faculty Working Papers

Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of "reform," defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as …

After Lehman: International Response To Financial Disputes - A Focus On Hong Kong, Shahla F. Ali, John Koon Wang Kwok

Richmond Journal of Global Law & Business

No abstract provided.

Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Richmond Journal of Global Law & Business

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …