Comparative and Foreign Law Commons^™

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …

Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland

Buffalo Human Rights Law Review

No abstract provided.

Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema

Buffalo Human Rights Law Review

No abstract provided.

Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello

Penn State International Law Review (1982 - 2011)

No abstract provided.

Grappling With Religious Differences In South Africa: A Draft For A Charter Of Religious Rights, Pieter Coertzen

BYU Law Review

No abstract provided.

Religious Symbols In The Classroom: A Controversial Issue In The United Kingdom, Javier Garcia Oliva

BYU Law Review

No abstract provided.

Ministers Of Religion In Chilean Law, M. Elena Pimstein

BYU Law Review

No abstract provided.

Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi

BYU Law Review

No abstract provided.

How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt

BYU Law Review

No abstract provided.

Religious Freedom In Kosovo: Prenatal Care To A New Nation, Kyle Woods

BYU Law Review

No abstract provided.

The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …

Tales Of Two Regimes For Regulating Limited Liability Law Firms In The Us And Australia: Client Protection And Risk Management Lessons, Susan Saab Fortney

Faculty Scholarship

This essay contrasts the regimes that allow limited liability partnerships in the US and fully incorporated legal practices in Australia. The essay argues that Australia has taken advantage of an opportunity to develop innovative and necessary regulation of law firm ethical infrastructure with the introduction of incorporated legal practices, but the United States has not yet adequately addressed the consumer and ethical risks of limited liability partnerships. This essay raises the issue of whether Australia’s requirement that incorporated law firms should implement “appropriate management systems” to ensure ethical conduct is a model that could fruitfully be applied to all law …

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David Fidler

Articles by Maurer Faculty

No abstract provided.

Zappers And Phantomware: Are State Tax Administrators Listening Now?, Richard Thompson Ainsworth

Faculty Scholarship

When the Federation of Tax Administrators (FTA) held a national Compliance and Education Workshop in Louisville, Kentucky (February 25-27, 2001) one of the invited speakers was Kevin Pratt, Manager, Underground Economy, Canadian Customs and Revenue Authority (CCRA). He spoke on Zappers.

To the best of anyone's present recollection, this was the first time zappers had been discussed with a large group of state-level US tax compliance professionals. However, most of the information that the CCRA presented to the FTA in 2001 was not its own - it was derivative. Zapper investigations were not an in-house specialty of the CCRA (although …

Public Law, Private Law, And Legal Science, Chaim Saiman

Working Paper Series

This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by …

Filling Gaps Left By Congress Or Violating Federal Rights: An Analysis Of Local Ordinances Restricting Undocumented Immigrants' Access To Housing, Clifton R. Gruhn

University of Miami Inter-American Law Review

No abstract provided.

The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet

University of Miami Inter-American Law Review

No abstract provided.

The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary

University of Miami Inter-American Law Review

No abstract provided.

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.

Examining The Codification Of History And The Search For First Principles In Professor Alejandro Guzmán Brito's History Of The Codification Of Civil Law In Iberoamerica, Pedro J. Martinez-Fraga

University of Miami Inter-American Law Review

No abstract provided.

Who Is Really Protecting Barbie: Goliath Or The Silver Knight? A Defense Of Mattel's Aggressive International Attemps To Protect Its Barbie Copyright And Trademark, Liz Somerstein

University of Miami Inter-American Law Review

No abstract provided.

Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar

Cardozo Journal of International and Comparative Law

Bankruptcy law plays a crucial role in a capitalist economy by facilitating resource reallocation through creative destruction, with its effectiveness hinging on balancing creditor protection and debtor rehabilitation. The article examines bankruptcy statutes and practices across 50 countries, emphasizing the need for efficient, practical reforms that maximize estate value while addressing global diversity in insolvency frameworks. It advocates for a comprehensive approach to bankruptcy law, ensuring transparency, fairness, and alignment with economic goals.

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles

Cornell Law Faculty Publications

Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, …

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Publications

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Exporting American Legal Education, James E. Moliterno

Journal of Legal Education

No abstract provided.

The Us Subprime Mbs Crisis: New Legislative Agenda And Potential Ramifications For Foreign Jurisdictions, Yuliya Guseva

Cornell Law School Inter-University Graduate Student Conference Papers

The recent US liquidity crisis, triggered by the failure of mortgage-related securities, produced long-lasting ramifications inside and outside of the US. International financial indicators and the housing markets demonstrate that the mortgage-related liquidity problems keep reverberating throughout the US and the global economy. In the US, even such giants as Freddie Mac and Fannie Mae, which were expected to inject market liquidity, have declared considerable losses from subprime MBS. The ongoing crisis provided a fertile ground for a number of publications and research. However, a range of fundamental issues regarding legislative responses to the US MBS crisis and its international …

``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether

Working Paper Series

In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to the work of Mark Tushnet, I read his antijuridification scholarship “against the grain,” concluding both that Tushnet’s later scholarship is neo-Realist rather than critical in its orientation, and that both his early scholarship on slavery and his post-9/11 constitutional work reveal an ambivalence about the claim that we learn from history to circumscribe our excesses, which anchors his popular constitutionalist rhetoric.

The likeness of Tushnet’s scholarship to the work of the Realists lies in this: while the Realists’ search for a science that would satisfy …

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle

Penn State International Law Review (1982 - 2011)

No abstract provided.

Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips

Penn State International Law Review (1982 - 2011)

No abstract provided.