Comparative and Foreign Law Commons^™

Constitutionalizing Communications: The German Constitutional Court's Jurisprudence Of Communications Freedom, Christopher Witteman

UC Law SF International Law Review

In the United States, the debate over communications issues as disparate as network neutrality and public broadcasting seems to be carried out in a constitutional vacuum. This is not surprising, as the First Amendment is framed as a negative - government shall make "no law" infringing the freedom of speech.

This paper explores the very different system that results from a constitution that is phrased in the affirmative, guaranteeing the freedom of the press and broadcasting. The German post-war constitution was built on the ashes of a fascist dictatorship that had misused mass communications; the new constitution was structured so …

Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue

University of Miami Inter-American Law Review

No abstract provided.

Reviewing Carbon Charges And Free Allowances Under Environmental Law And Principles, Steve Charnovitz

ILSA Journal of International & Comparative Law

In late June 2009, a slim majority of the U.S. House of Representatives enacted the American Clean Energy and Security Act

How Are Accountability Standards Implemented In The International Agricultural Research Centers?, Osmat A. Jefferson

ILSA Journal of International & Comparative Law

First, I would like to thank the panel members, in particular, Mr. Edward Flaherty, for inviting me to participate in this meeting. I am most grateful for this kind invitation.

88th Annual Meeting Of The American Branch Of The International Law Association, Keith Loken

ILSA Journal of International & Comparative Law

I am pleased to be here today to discuss the Hague Convention on Choice of Court Agreements.

Victim Participation At The International Criminal Court: Achievements Made And Challenges Lying Ahead, Mariana Pena

ILSA Journal of International & Comparative Law

The participation of victims in proceedings before the International Criminal Court (ICC or Court) is one of the most innovative aspects of its Statute (ICC Statute or Rome Statute).

The Americanization Of Constitutional Law And Its Paradoxes: Constitutional Theory And Constitutional Jurisdiction In The Contemporary World, Luis Roberto Barroso

ILSA Journal of International & Comparative Law

Contemporary democracies-both long-standing and recently- established-follow a standard that was established in the United States over the past two hundred years.

Why The Free Speech Protection Act Of 2009 Serves As A Necessary Judicial Restraint Against Foreign Libel Judgments, Gabriela A. Urbina

ILSA Journal of International & Comparative Law

Throughout the world the phrase "freedom of expression" has many different meanings.

Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert Hockett

ILSA Journal of International & Comparative Law

The first decade of the new millennium was a bit hard on the rule of law-national and transnational law alike-in some quarters of the U.S. government.

Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva

ILSA Journal of International & Comparative Law

This paper focuses on the important concept of access to justice and what it means to persons with disabilities.

A Pirate And A Refugee: Reservations And Repsonses In The Fight Against Piracy, Tom Syring

ILSA Journal of International & Comparative Law

Despite concerted international cooperation and action, including the deployment of various national and international naval forces in the region, piracy, in particular off the coast of Somalia, continues to pose a serious threat to the peace and security of one of the most-traveled waterways in the world, the neighboring states, and to the global economy.

Collective Human Rights: Public Health V. Structural And Ecological Violence (The Example Of Ecuador V. Colombia), Laura Westra

ILSA Journal of International & Comparative Law

"Public health and safety are not simply the aggregate of each individual's interest in health and safety .... Public health and safety are community or group interests."

Should Citizens Be Democratically Represented In The 21st Century International System?, Andrew Strauss

ILSA Journal of International & Comparative Law

Democracy is increasingly the sine quo non of legitimate governance at the local, provincial and national levels.

La Obligacion De Adoptar Medidas Especiales En La Convencion Internacional Sobre La Eliminacion De Todas Las Formas De Discriminacion Racial: Lecciones De Los Estados Unidos De America Y Sudafrica, Connie De La Vega

ILSA Journal of International & Comparative Law

La Convenci6n Internacional sobre la Eliminaci6n de todas las Formas de Discriminaci6n Racial' (CEDR) es el principal tratado de las Naciones Unidas que al desarrollar el Articulo 1 de la Carta de las Naciones Unidas 2 enfatiza la importancia de la prohibici6n de la discriminaci6n racial.

From Pariah To Partner-Russian-American Security Cooperation In The Artic Ocean, Dr. James Kraska

ILSA Journal of International & Comparative Law

The Obama administration seeks to push the "reset" button on Washington-Moscow relations.

La Americanizacion Del Derecho Constitucional Y Sus Paradojas: Teoria Y Jurisprudencia Constitucional En El Mundo Contemporaneo, Luis Roberto Barroso

ILSA Journal of International & Comparative Law

El modelo de constitucionalismo practicado en el mundo contempordneo, tanto en las democracias tradicionales como en las nuevas democracias, en tdrminos generales, puede decirse que sigue

Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor Reeves Dalton

ILSA Journal of International & Comparative Law

In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual could be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place.

The Essential Role Of Social Work In Addressing Victims And Survivors Of Trafficking, Nancie Palmer

ILSA Journal of International & Comparative Law

"All persons held as slaves ... are and henceforth free."' The orders from President Lincoln's Emancipation Proclamation first issued on September twenty-second in 1862 while limited in scope freeing certain slaves, served to ignite imagination and pride in those who now look back in history at this defining event.

The International Court Of Justice And The Question Of Kosovo's Independence, John Cerone

ILSA Journal of International & Comparative Law

If my mother were to stand in her living room and declare it to be an independent state, she would have violated no rule of international law.

The Treaty-Making Process: A Guide For Outsiders, Detlev F. Vagts

ILSA Journal of International & Comparative Law

This article guides the reader step by step through the process by which treaties are created.

Beyond Occupation: Protected Persons And The Expiration Of Obligations, Tom Syring

ILSA Journal of International & Comparative Law

In spite of the increasing importance and expanding scope of international law, some subjects of international law still fall outside of the protection offered by existing legal instruments.

International & Comparative Law, International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

The Puzzle Of "Freedom Of Contract" In China's Contract Law, Jun Zhao

ILSA Journal of International & Comparative Law

Recent events have intensified the debates over "freedom of contract" and governmental intervention in China: the Shanxi coal mining reform and the forced mergers, the corkage fee dispute in Guizhou, the offers posted on the Internet selling human milk, contractual surrogacy arrangement, contractually designed money laundering scam in western China under the name of western China development, just to name a few

Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti

ILSA Journal of International & Comparative Law

In the last fifty years, the international community has undergone a transformation, as social, economic, and political dynamics have been altered.

Quit Messing Around: Department Of Defense Anti-Prostitution Policies Do Not Eliminate U.S.-Made Trafficking Demand, Christopher M. Brown

ILSA Journal of International & Comparative Law

Thirty feet outside the main gate of Camp Casey, a group of soldiers wair for the cross-walk light to flash permission to walk.

Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.

Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher

Penn State International Law Review (1982 - 2011)

No abstract provided.

Hybridization: A Study In Comparative Constitutional Law, John Mceldowney

Penn State International Law Review (1982 - 2011)

Viewing constitutional law from a global perspective informs us about trends and concurrences that might otherwise go unnoticed. The main focus for this paper is how a new European legal tradition is being forged from two of the most influential Western traditions, the common and civil law. The term hybridization is used to refer to this phenomenon whereby there is convergence between different legal systems. This does not necessarily alter national sovereignty or substitute one system over another. It cannot be measured by success or failure of one legal system over another. It is a common sharing that is best …

Poverty And Constitutional Rights, Monica Pinto

Penn State International Law Review (1982 - 2011)

No abstract provided.

Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha

Penn State International Law Review (1982 - 2011)

No abstract provided.