Comparative and Foreign Law Commons^™

Writing The Law Of Latin America, Jorge L. Esquirol

Faculty Publications

No abstract provided.

The Chinese Regulatory Licensing Regime For Pharmaceutical Products: A Law And Economics Analysis, Qing Zhang

Michigan Telecommunications & Technology Law Review

China's pharmaceutical market has expanded dramatically in the past twenty years and is expected to become the largest in the world by the year 2050. However, entry to the market remains difficult for many international pharmaceutical manufacturers due to the country's costly and complicated regulatory licensing requirements. This Article provides an overview of the regulatory licensing regime for pharmaceutical products in China. Then, the Article evaluates three key features of the regulatory licensing regime through a law and economics approach. These features include the use of licensing, as contrasted with alternative regulatory and non-regulatory mechanisms; the standards to be met …

Reflection On The Finality Of Panel's Decisions In Domain Name Dispute Resolution Process, With Reference To China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009), Yun Zhao

UIC John Marshall Journal of Information Technology & Privacy Law

The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s …

Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais

ILSA Journal of International & Comparative Law

The debate concerning the protection of, and access to, "traditional knowledge ' 2 has been going on for some time.

The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson

ILSA Journal of International & Comparative Law

The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.

Panel Iv - "Can The West Learn From The Rest?" - The Chinese Legal Order's Hybrid Modernity, Nicholas Calcina Howson

UC Law SF International Law Review

No abstract provided.

Changing The Current Policy Towards Spousal Abuse: A Proposal For A New Model Inspired By Jewish Law, Yuval Sinai, Benjamin Shmueli

UC Law SF International Law Review

Abuse in general, and within an ongoing, intimate relationship with a spouse in particular, is a scourge that the legal system must uproot. This paper examines two models that differ in their approach to the issue of spousal abuse (physical, sexual, and emotional): modern secular common law, as represented by two legal systems-American and Israeli law-and ancient, religious Jewish law. Thus, the paper offers an opportunity to see and analyze the dialogue between an ancient, religious legal system and its modern, secular counterparts, and the possible-perhaps surprising--contribution of the former to the latter.

The two models, secular common law and …

A Law Of No Gods, No Masters - Developing And Defending A Participatory Legal System, Matt Halling

UC Law SF International Law Review

This note develops and analyzes a new legal vision consistent with recent activist literature about a participatory society. A participatory society (in this note) consists of collectively owned property, a decentralized state, and attempts to maximize citizen participation in politics. Rather than nation states, society is structured as a federation of councils deliberating and coordinating with each other to solve political issues. Participatory society's structure demands a "participatory law" be developed to manage it, and this note attempts to develop the overarching features of such a system. Once the basic legal model is outlined, the article then looks for comparisons …

The End Of Peremptory Challenges: A Call For Change Through Comparative Analysis, Amy Wilson

UC Law SF International Law Review

Lawyers use peremptory challenges to create partial juries. United States Supreme Court precedent has shown the Court's willingness to limit some blatantly discriminatory uses of the right to peremptory challenges. However, the use of peremptory challenges in jury voir dire is inherently discriminatory. Merely limiting the use of peremptory challenges is not sufficient. This note discusses how jury selection is treated in the United Kingdom. The analysis is specifically focused on the abolition of peremptory challenges in the United Kingdom and uses the experience there to argue for an abolition of their use in the United States as well.

Addressing Judicial Activism In The Indian Supreme Court: Towards An Evolved Debate, Madhav Khosla

UC Law SF International Law Review

The Indian Supreme Court has invited a great deal of interest for its alleged activism and the role that it has begun to play in Indian governance. Recent years have been witness to substantial debate on the Court's functioning, with scholars positing views and raising concerns with considerable passion. This paper analyzes the judicial activism discourse in the Indian Supreme Court by focusing on the contributions of Professor Upendra Baxi. It argues that, despite the attention the Court has received on the question of judicial activism, the debate in this area has, for the most part, failed to engage with …

The Influences Of The West On The 1993 Russian Constitution, Victoria Schwartz

UC Law SF International Law Review

This article explores the influences of the West on the text of the 1993 Russian Constitution. Although previous scholarship has identified Western influences on the Russian Constitution, these works do not trace how or why the particular transplant occurred. This article has a descriptive and analytical, but not normative goal of filling that gap by explaining the transplants that occurred, and why and how they were made. Among its conclusions, the article finds that the choices made by the framers of the 1993 Russian Constitution can often be explained by the contemporaneous political situation within Russia. Part of the uniqueness …

Divine Judgment: Judicial Review Of Religious Legal Systems In India And Israel, Josh Goodman

UC Law SF International Law Review

This paper analyzes and compares how two democratic states, India and Israel, incorporate discrete areas of religious law into their secular legal systems. As religion has become an increasingly important political force in India and Israel, both countries have turned to constitutionalism and to civil courts to manage the role of religious law within the democratic system. This development represents the convergence of two global trends: an expansion in the power of courts and the growth of religious politics. This paper examines how the conflict of secular and religious legal norms has played out in the Israeli and Indian civil …

Reassessing The Dialogic Possibilities Of Weak-Form Bills Of Rights, Christine Bateup

UC Law SF International Law Review

In recent years, weak-form bills of rights have generated much excitement in contemporary constitutional scholarship because they are believed to create a new balance between parliamentary and judicial supremacy based on inter-branch "dialogue" between courts and legislatures. Few scholars, however, have examined the foundational question of whether judges and legislators can actually be expected to behave in a way that realizes the dialogic potential of weak-form instruments. This Article takes a new approach to this question, applying the insights of positive theory to engage in a comprehensive assessment of the behavior we can realistically expect of courts and legislatures in …

Mere Words: The Enemy Entity Designation Of The Gaza Strip, Carey James

UC Law SF International Law Review

Israel has occupied the West Bank and Gaza Strip since June of 1967. Despite the withdrawal of Israeli military forces and the dismantling of Israeli settlements in 2005, Gaza is still generally considered occupied territory as a matter of international law. In September 2007, Israel declared the Gaza Strip a "hostile territory." This note examines the probable aims and legal effects of the hostile territory designation.

China's Anti-Monopoly Law: Insights From U.S. And Eu Precedents On Abuse Of Dominance And Ip Exemption Provisions, Yin Zhou

UC Law SF International Law Review

Since opening to the global market in 1978, China has enjoyed consistent and rapid economic growth for the past three decades. Such liberalization and economic growth created a need for regulations to maintain a smoothly functioning market. By the mid-1990s, the need for a set of antitrust laws became apparent in light of the rise in domestic consumerism and investments from large foreign corporations. After thirteen years of drafting and revisions, China passed its Anti-Monopoly Law ("AML") on August 30, 2007. The AML came into effect a year later on August 1, 2008, but many companies started seeking legal advice …

What The Rest Think Of The West - Legal Dimensions, Laura Nader

UC Law SF International Law Review

No abstract provided.

Law Across Borders: What Can The United States Learn From Japan, Eric A. Feldman

UC Law SF International Law Review

No abstract provided.

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

UC Law SF International Law Review

No abstract provided.

The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said

UC Law SF International Law Review

No abstract provided.

La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano

ILSA Journal of International & Comparative Law

El objetivo del presente articulo es reflexionar sobre la costumbre como fuente del derecho en el sistema juridico argentino y comparado.

U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez

ILSA Journal of International & Comparative Law

For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.

The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl

UIC Law Review

No abstract provided.

Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell

UIC Law Review

No abstract provided.

The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen

UIC Law Review

No abstract provided.

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …

Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman

Michigan Journal of Gender & Law

In this Article the author will examine not only the substantive legal differences between the United States, Canada, and France, but will also explore how these legal rules fit within a broader social, political, and religious setting. This Article will pursue four lines of inquiry. First, it will briefly chronicle the history of criminal prosecution of pregnant women in America and show how these prosecutions have become markedly more aggressive over the last twenty years. Second, it will situate these prosecutions in the full context of American law and culture, demonstrating how the fetus has received increasing legal recognition in …

Directors' Liability For Corporate Faults And Defaults—An International Comparison, Helen Anderson

Washington International Law Journal

Australia’s new Rudd Government has indicated to business leaders that it intends to review various aspects of corporate law, including the imposition of personal liability on directors for corporate fault. Their concern is that the present corporate law regime is causing directors to be overly cautious in making decisions, to the detriment of the efficient operation of companies and the well-being of our economy. At the same time, the government acknowledges the importance of imposing appropriate sanctions where a company or its officers fail to meet required standards. These are universal concerns. To inform this debate, this article will look …

Thin Shields Pierce Easily: A Case For Fortifying The Journalists' Privilege In New Zealand, Devin M. Smith

Washington International Law Journal

In late 2006, New Zealand’s Parliament inserted Section 68 into the nation’s Evidence Act 2006, providing for the first time a testimonial privilege specifically protecting journalists from compelled disclosure of their confidential sources. The privilege, commonly referred to as a shield law, has been met with approval from politicians, media commentators, and journalists, both in New Zealand and beyond. While New Zealand’s reporter shield law goes a long way toward extending press freedoms, it ultimately falls short of the country’s historically robust commitment to the free flow of information. Section 68’s most glaring shortcoming is the ease with which a …

Entitled Against None: How The Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession, Siiri Aileen Wilson

Washington International Law Journal

Australia’s 1992 landmark case of Mabo v. The State of Queensland [No. 2] revoked the concept of terra nullius and for the first time since European colonization of the continent allowed indigenous Australians to obtain legal ownership of their traditional lands. The following year this groundbreaking decision became statutory law with the enactment of the Native Title Act (NTA) of 1993. The case law and the statutory act both failed, however, to adequately address the question of Aboriginal claims to sea properties. For many Australian Aboriginal groups, ownership of traditional lands does not abruptly end at a shoreline but extends …

China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz

Washington International Law Journal

China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …