Comparative and Foreign Law | Open Access Articles

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

Addison C. Harris Lecture

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A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.

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Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.

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Methodological Approaches To Comparative Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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Comparative Federalism And The Role Of Judiciary, Daniel Halberstam

Book Chapters

The distinctive feature of federalism is to locate the central and constituent governments' respective claims of organizational autonomy and jurisdictional authority within a set of privileged legal norms that are beyond the arena of daily politics. For the most part, the debate about the role of the judiciary as federal umpire has taken place within two separate disciplinary compartments: comparative politics and law. Building on recent e��orts to bring these two disciplines closer, this article provides a fresh look at three common criticisms of granting the central judiciary power to protect federalism. It argues that political safeguards of federalism are …

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A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong

Research Collection Yong Pung How School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.

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Remarks, More Remarks And A Grounds Of Decision: One Judgment Too Many? Tt Durai V Public Prosecutor, Unreported Magistrate's Appeal, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

In May 2008, the High Court dismissed the appeal of former NKF CEO, T T Durai, against his conviction and sentence. What is little known is that one of Durai's six grounds of appeal was in fact upheld. The appellate judge subsequently devoted nine out of 12 paragraphs of his four-page Grounds of Decision, to explain is reasons for doing so. Although this ruling did not affect the final outcome of the Durai appeal, it has to some extent helped to settle a question that has vexed criminal law practitioners in recent years. This concerns the legality and propriety of …

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Religion And Rule Of Law In China Today, Zhuo Xinping

BYU Law Review

No abstract provided.

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The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

No abstract provided.

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Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

No abstract provided.

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The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

No abstract provided.

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The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

No abstract provided.

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The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

No abstract provided.

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The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

No abstract provided.

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Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro

BYU Law Review

No abstract provided.

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To Disclose Or Not To Disclose? Csx Corp., Total Return Swaps, And Their Implications For Schedule 13d Filing Purposes, Daniel Bertaccini

Cardozo Law Review

No abstract provided.

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Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat

Washington International Law Journal

The following is a translation of Electronic Money and the Law: Legal Realities and Future Challenges, an essay written by Professor Nobuhiko Sugiura in the August 1, 2008 issue of the Japanese periodical Jurisuto. Stored-value cards are growing rapidly in urban areas in Japan, to a degree where they are beginning to challenge cash as a primary method of payment. In this article, Professor Sugiura outlines the growth of stored-value cards, how stored-value cards should be defined, legal structures that currently regulate stored-value cards, and how growth and technological development are likely to affect that legal structure. As Japan’s takes …

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Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips

Washington International Law Journal

Australian indigenous communities are vulnerable to communal harm inflicted by the unauthorized, derogatory use of their works of folklore. Such works are often considered sacred to indigenous communities and are granted significant protection under customary law. However, under many circumstances, the 1968 Copyright Act, the Australian law governing authored works, fails to protect works of indigenous folklore. While an amendment to the Copyright Act appears a likely next step in Australia’s efforts to recognize a community’s interest in communal works of folklore, Australia’s Heritage Protection Act represents a more appropriate and efficient vehicle for addressing unique communal interests in these …

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Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams

Washington International Law Journal

Like many post-conflict countries, Timor-Leste grapples with land conflicts that resulted from successive waves of property dispossession. Colonized by the Portuguese, invaded and occupied by the Indonesians, and briefly administered by the United Nations, Timor-Leste’s history has produced disjointed patterns of land tenure. These land tenure systems have given rise to five separate categories of land claimants, each of whom often have conflicting interests in property. While the newly independent country has taken steps to resolve conflicting land claims through legislation, existing law does not address the longstanding tensions underlying these conflicts, making it difficult for the courts to reach …

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A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat

Washington International Law Journal

The use of stored-value cards is growing rapidly in urban areas in Japan and gaining acceptance as a major means of payment. While institutional and cultural factors as well as business strategies go far in explaining the rapid growth of stored-value cards in Japan, regulation has also played an important role in enabling their use. In Japan, the regulation of stored-value cards has been mostly left to the Prepaid Card Law, which provides a comparatively simple regulatory framework with flexible capital requirements. The European Union (“EU”) and France provide a compelling counter-example to Japan; the EU has pursued a different …

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Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr.

Washington International Law Journal

In Japan’s civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or “title-transfer security interest,” that is created by conveying legal title to the creditor, with a promise to restore it to the debtor upon repayment. Although best known today as a means to providing security in movables, jōto tanpo was originally an alternative means of mortgaging real estate, and this latter use of the interest is the subject of this Article. The two early attractions of the jōto tanpo interest to creditors were 1) the ability to avoid inefficient procedures for the enforcement of …

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Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …

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Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

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Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.

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A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

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Batson, Empowerment And New Jury Models: The Case For ‘Open Inquiry’, Patrick C. Brayer

Faculty Works

This 2009 article recommends the practice technique of “open inquiry,” which encourages attorneys and courts to ask jurors to openly identify their race, gender, and ethnicity during voir dire for purposes of appellate review under Batson v. Kentucky and related holdings. An open inquiry helps protect the rights of all jurors to sit. It thus creates a greater chance that juries are more diverse and promotes more voices and experiences during deliberation. The open inquiry method also promotes individual juror participation and increases the group's receptiveness toward individual voices during deliberations. Most importantly, open inquiry forces practitioners to rethink how …

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From The Chair, Lela P. Love

Articles

No abstract provided.

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Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Full-Text Articles in Comparative and Foreign Law

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

Methodological Approaches To Comparative Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

Comparative Federalism And The Role Of Judiciary, Daniel Halberstam

Book Chapters

A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers

Penn State International Law Review (1982 - 2011)

Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons

Penn State International Law Review (1982 - 2011)

Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong

Research Collection Yong Pung How School Of Law

Remarks, More Remarks And A Grounds Of Decision: One Judgment Too Many? Tt Durai V Public Prosecutor, Unreported Magistrate's Appeal, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

Religion And Rule Of Law In China Today, Zhuo Xinping

BYU Law Review

The Protection Of Religious Rights Under Australian Law , Denise Meyerson

BYU Law Review

Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko

BYU Law Review

The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes

BYU Law Review

The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras

BYU Law Review

The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval

BYU Law Review

The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete

BYU Law Review

Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro

BYU Law Review

To Disclose Or Not To Disclose? Csx Corp., Total Return Swaps, And Their Implications For Schedule 13d Filing Purposes, Daniel Bertaccini

Cardozo Law Review

Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat

Washington International Law Journal

Australia's Heritage Protection Act: An Alternative To Copyright In The Struggle To Protect Communal Interests In Authored Works Of Folklore, Jake Phillips

Washington International Law Journal

Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams

Washington International Law Journal

A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat

Washington International Law Journal

Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr.

Washington International Law Journal

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan

Indiana Law Journal

Batson, Empowerment And New Jury Models: The Case For ‘Open Inquiry’, Patrick C. Brayer

Faculty Works

From The Chair, Lela P. Love

Articles

Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills

Penn State International Law Review (1982 - 2011)