Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7531 - 7560 of 13717

Full-Text Articles in Comparative and Foreign Law

Strategy In International Litigation, John Fellas Jan 2008

Strategy In International Litigation, John Fellas

ILSA Journal of International & Comparative Law

The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.

Go to article

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals Jan 2008

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals

ILSA Journal of International & Comparative Law

It is not uncommon to hear credit cards referred to as "plastic money".

Go to article

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer Jan 2008

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer

ILSA Journal of International & Comparative Law

It was my great pleasure to participate in the 2007 International Law Weekend organized in New York City by the American Branch of the International Law Association and held at the House of the Association of the Bar of the City of New York on October 25-27, 2007

Go to article

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle Jan 2008

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle

ILSA Journal of International & Comparative Law

Sovereign state power, absolute and unlimited, were supposed to guarantee the lives and property of citizens. Instead, states became vectors for mass violence.

Go to article

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada Jan 2008

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.

Go to article

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Go to article

An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello Jan 2008

An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello

ILSA Journal of International & Comparative Law

Piercing the corporate veil is a doctrine created within the United States (U.S.) common law system.

Go to article

European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens Jan 2008

European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens

UIC Law Review

No abstract provided.

Go to article

"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis Jan 2008

"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis

Michigan Journal of Gender & Law

Part I of this Article defines intersexuality and highlights the legal and societal complications that occur when the concept of the fixed male-female gender binary is challenged. Part II describes the unique role of the hijras in India, who are both revered and discriminated against, and suggests that India is beginning to legally recognize a third gender through the grassroots advocacy of the hijras. Part III contrasts the experience of intersexed individuals in the United States by describing the current protocol to deal with the "medical emergency" of the birth of an intersexed child. This section forecasts legal issues facing …

Go to article

The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek Jan 2008

The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek

Michigan Journal of Gender & Law

The broad differences between the United States and Canadian cases raise important questions about the social, political and legal factors that have promoted the extension of marriage rights in Canada while retarding similar efforts in the U.S. This article will compare the recent history of same-sex marriage laws in the United States and Canada. We argue that proponents of same-sex marriage as well as lawmakers could learn important lessons from the recent legalization of same-sex marriage in Canada. Section II develops a framework for comparing the U.S. and Canadian experience with same-sex marriage law. The next section traces Canada's recent …

Go to article

Geographical Indications In China: Why Protect Gis With Both Trademark And Oac-Type Legislation?, Bradley M. Bashaw Jan 2008

Geographical Indications In China: Why Protect Gis With Both Trademark And Oac-Type Legislation?, Bradley M. Bashaw

Washington International Law Journal

Geographical indications identify the place of origin of a good and signify a distinctive quality, reputation, or other characteristic of the good that is essentially attributable to that geographic source. Besides serving as source-identifiers and guarantees of quality, they are valuable business interests. Consequently, World Trade Organization members are required to afford them protection under the Agreement on Trade Related Aspects of Intellectual Property Rights. Signatories are free to choose the legal means by which they comply with TRIPS. While a few states rely solely on unfair competition law to meet their obligations, most primarily rely on either trademark law …

Go to article

Money For Nothing, Your Crisis For Free?: A Comparative Analysis Of Consumer Credit Policies For Post-1997 South Korea And Thailand, Jasper Kim, Kemavit Bhangananda Jan 2008

Money For Nothing, Your Crisis For Free?: A Comparative Analysis Of Consumer Credit Policies For Post-1997 South Korea And Thailand, Jasper Kim, Kemavit Bhangananda

Washington International Law Journal

Both the South Korean and Thai governments encouraged consumer credit card usage to boost consumer spending and reinvigorate the national economy following the 1997-98 Asian financial crisis. Today, almost a decade following the crisis, the authors provide a comparative analysis of how policymakers in both South Korea and Thailand have attempted to regulate the rapid upsurge in consumer credit card debt in their respective economies. This Article also notes some of the benefits and risks of the approaches taken by the South Korean and Thai governments, using as focal points the South Korean government’s Individual Debtor Rehabilitation Act, a personal …

Go to article

Section 7209 Of The Intelligence Reform And Terrorism Prevention Act Of 2004: Balancing The Western Hemisphere Travel Initiative With International Tourism And Homeland Security, Marc Philip Hedrich Jan 2008

Section 7209 Of The Intelligence Reform And Terrorism Prevention Act Of 2004: Balancing The Western Hemisphere Travel Initiative With International Tourism And Homeland Security, Marc Philip Hedrich

Northwestern Journal of International Law & Business

A disproportionately large percentage of worldwide international tourism revenue comes from the spending of U.S. citizens abroad or by foreigners visiting the United States. The Western Hemisphere Travel Initiative ("WHTI"), as mandated by Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, puts intra-North American international tourism at risk. This Comment is an analysis of the WHTI and its effects on international tourism and homeland security in the United States.

Go to article

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone Jan 2008

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone

Northwestern Journal of International Law & Business

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …

Go to article

South Africa's National Credit Act: A Possible Model For The Proper Role Of Interest Rate Ceilings For Microfinance, Megan Whittaker Jan 2008

South Africa's National Credit Act: A Possible Model For The Proper Role Of Interest Rate Ceilings For Microfinance, Megan Whittaker

Northwestern Journal of International Law & Business

This comment will discuss the current debate regarding the proper role of interest rate ceilings in microfinance and how the South African National Credit Act should serve as a model for future studies of microcredit systems in developing countries. Part II will discuss the controversy over interest rate ceilings in microfinance, setting concerns regarding the effect of ceilings on the viability of microfinance institutions against the need to protect marginalized consumers from predatory lending. Part III will analyze various alternatives to usury laws that microfinance experts have proposed, with an emphasis on supervisory and regulatory systems as the most promising …

Go to article

Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall Jan 2008

Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall

Richmond Journal of Global Law & Business

While domestic casinos and lotteries take in about $84.7 billion a year; internet gambling is worth about $12 billion. By comparison, movies bring in about $23.24 billion a year. Fifty-two percent of the population gambles. Although all but two states (Utah and Hawaii) permit gambling of some sort, none license internet gambling. It is therefore illegal in all 50 states. Estimates suggest that only 1% of the population engages in internet gambling.

Go to article

Internet Gambling And The Law, I. Nelson Rose Jan 2008

Internet Gambling And The Law, I. Nelson Rose

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster Jan 2008

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster

Michigan Journal of International Law

This Essay proceeds in four parts. Part I situates these lawsuits in the context of Japan's growing ethnic diversity. Part II analyzes a decade of racial discrimination lawsuits in Japan, ultimately synthesizing the elements of a compensable act of racial discrimination under current Japanese law. Part III begins with a brief examination of the role of international law in Japan before turning to discussions between the Japanese government and U.N. bodies regarding the proper treatment of foreigners in Japan and the desirability of anti-discrimination laws. Part IV then discusses several failed attempts by national and local lawmakers to pass anti-discrimination …

Go to article

Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev Jan 2008

Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev

Richmond Journal of Global Law & Business

George C. Freeman, III presented a business overview of Universal Corporation at the University of Richmond on September 5, 2007. Prior to joining Universal Leaf Tobacco Company in 1997, Mr. Freeman served as a law clerk for the Honorable Richard S. Arnold, Circuit Judge, United States Court of Appeals for the Eighth Circuit, and for the Honorable Lewis F. Powell, Jr., Associate Justice of the United States Supreme Court. He also spent time as an associate with Hunton & Williams, an international law firm. Mr. Freeman was elected General Counsel and Secretary of Universal Corporation in February 2001 and Vice …

Go to article

Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr. Jan 2008

Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.

Richmond Journal of Global Law & Business

Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.

Go to article

Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk Jan 2008

Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk

Richmond Journal of Global Law & Business

In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and …

Go to article

Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant Jan 2008

Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant

Richmond Journal of Global Law & Business

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …

Go to article

Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown Jan 2008

Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown

Richmond Journal of Global Law & Business

Chinese international finance may sound to many of you like a daunting subject. It really is not, but I have to admit it’s not quite intuitive. International finance is a lot like accounting; you have to learn the rules. And on top of that, in this case we have to add the never intuitive issue of Chinese policy-making. I didn’t learn anything about these topics in graduate school but rather in my first job as a CIA economist, over thirty years ago. At that time China published no economic data; it was just sort of a black hole in the …

Go to article

Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem Jan 2008

Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem

Richmond Journal of Global Law & Business

What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no …

Go to article

Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson Jan 2008

Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.

Go to article

Foreword, Melanie Clevinger Holloway Jan 2008

Foreword, Melanie Clevinger Holloway

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

The Current State Of The Unlawful Internet Gambling Enforcement Act And Recently Adopted Prohibition On Funding Of Unlawful Internet Gambling, Kristina L. Perry Jan 2008

The Current State Of The Unlawful Internet Gambling Enforcement Act And Recently Adopted Prohibition On Funding Of Unlawful Internet Gambling, Kristina L. Perry

Richmond Journal of Global Law & Business

Afterward

Go to article

Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote Jan 2008

Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Toward A Legislative Solution To The Growing Hiv/Aids Epidemic In Russia: A Case For Expanded Health Privacy, Carrie C. Gage Jan 2008

Toward A Legislative Solution To The Growing Hiv/Aids Epidemic In Russia: A Case For Expanded Health Privacy, Carrie C. Gage

Washington International Law Journal

The Russian Federation faces one of the fastest growing rates of Human Immunodeficiency Virus (“HIV”) infection in the world. In 1995, Russia adopted comprehensive legislation addressing HIV and the disease caused by this virus, Acquired Immune Deficiency Syndrome (“AIDS”). The legislation prohibited discrimination based on HIV infection and provided access to medical care for people living with HIV/AIDS. Having recognized that Injecting Drug Users involved in sex work will likely act as a bridge to the general population, the Russian government has recently taken greater steps to curb transmission. Russia has moved to decriminalize the distribution of hypodermic needles for …

Go to article

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Go to article

First Prev Next Last