Comparative and Foreign Law Commons^™

Twining's Complaint, Dennis Patterson

University of Miami International and Comparative Law Review

No abstract provided.

The Impact Of The Inter-American Convention Against Corruption, Giorleny D. Altamirano

University of Miami Inter-American Law Review

No abstract provided.

General Jurisprudence, William Twining

University of Miami International and Comparative Law Review

No abstract provided.

Enhancing The Prospects For General Jurisprudence, Brian Z. Tamanaha

University of Miami International and Comparative Law Review

No abstract provided.

The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao

Cardozo Public Law, Policy & Ethics Journal

The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual …

Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz

University of Miami Inter-American Law Review

No abstract provided.

Globalization And The Pan-American Highway: Converns For The Panama-Columbia Border Region Of Darién-Chocó And Its Peoples, Daniel Suman

University of Miami Inter-American Law Review

No abstract provided.

"Minimum Contacts" Abroad: Using The International Shoe Test To Restrict The Extraterritorial Exercise Of United States Jurisdiction Under The Maritime Drug Law Enforcement Act, Stephanie M. Chaissan

University of Miami Inter-American Law Review

No abstract provided.

La Contratación Comercial En El Derecho Comparado (Commercial Contracting In Comparative Law) By Boris Kozolchyk, Dale Furnish

University of Miami Inter-American Law Review

No abstract provided.

Five Years Later: The Cms Award Placed In The Context Of The Argentine Financial Crisis And The Icsid Arbitration Boom, Harout Samra

University of Miami Inter-American Law Review

No abstract provided.

La Contratación Comercial En El Derecho Comparado (Commercial Contracting In Comparative Law) By Boris Kozolchyk, José Manuel Pallí

University of Miami Inter-American Law Review

No abstract provided.

Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol

UF Law Faculty Publications

Antitrust has entered a gilded age of increased international cooperation and enforcement at levels never before seen. Yet, increased globalization creates challenges to combat international anticompetitive conduct. Part I introduces the Article. Part II provides a brief overview of the history of international antitrust. This overview departs from previous historical analyses as it focuses on participation within each of the international antitrust institutions to explain these historical limitations. Part III identifies and explores three case studies which are generally representative of international antitrust. These case studies have been chosen because the issues they address have been at the top of …

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver

Law Faculty Scholarship

No abstract provided.

Citizens As Legal Decision Makers: An International Perspective, Valerie P. Hans

Cornell Law Faculty Publications

On May 1, 2007, Korea's National Assembly approved a judicial reform bill that introduces a jury system for serious criminal cases in Korean courts. The jury system is limited: jurors will only participate in cases where the defendant agrees to a trial by jury, and the jury's verdicts are only advisory to the judge. Nonetheless, Korean citizens now have a remarkable new opportunity to make judgments about criminal trials.

With this law reform, Korea joins a growing list of countries whose legal systems employ citizens as legal decision makers. The United States, Great Britain, and many other common law countries …

The Place Of Translation In Jerusalem's Criminal Trial Court, Irus Braverman

Journal Articles

The court-appointed translator is largely an invisible actor in the legal space. The Israeli context provides an extreme example of this invisibility: apart from a general statutory definition of the court's obligation to translate criminal proceedings, the work of translation in the Israeli courtroom is mostly unregulated by state law, rendering it highly susceptible to informal manifestations. This article offers a critical empirical investigation into the micropractices of translation performed in the Jerusalem criminal trial court in 2002. On the face of things, the court-appointed translator performs a technical task in the everyday working of the court. Expected to mediate …

The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan

Research Collection Yong Pung How School Of Law

This is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of …

A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades

Faculty Publications

No abstract provided.

From Reparation To Restoration: Moving Beyond Restoring Property Rights To Restoring Political And Economic Visibility, Bernadette Atuahene

All Faculty Scholarship

Abstract: How does a democratic state legitimize strong property rights when property arrangements are widely perceived to be defined by past theft? The answer, I argue, is through restorative justice measures that redistribute wealth based on past dispossession. This answer, however, leads to two more complex questions: Who gets priority in the restorative process given limited resources and how should the process unfold? The concise answers to these two ancillary questions are: First, instances of what I call property-induced invisibility should be prioritized as a baseline for achieving legitimacy. When property is confiscated in this manner people are removed from …

Burying Our Constitution In The Sand? Evaluating The Ostrich Response To The Use Of International And Foreign Law In U.S. Constitutional Interpretation, Cindy G. Buys

Brigham Young University Journal of Public Law

No abstract provided.

Constitution, Custom, And Creed: Balancing Human Rights Concerns With Cultural And Religious Freedom In Today's South Africa, Erin E. Goodsell

Brigham Young University Journal of Public Law

No abstract provided.

When The Price Is Too High: Rethinking China's Deterrence Strategy For Robbery, Peter D. Nestor

Washington International Law Journal

Economic property crime in China has soared since the country enacted market reforms in the early 1980s. Robbery rates are rising faster than most economic property crimes, such as larceny and fraud, and violent crimes, such as rape, murder, and assault. China’s strategy for deterrence is to raise the “price” of the crime by increasing the severity of the penalty. Since 1979, China’s criminal law has permitted the use of the death penalty for robbers in nearly all cases, and courts have applied it regularly and in many different types of robbery cases. Since 1983, China has formally engaged in …

The 2006 Revisions To Japan's Equal Opportunity Employment Law: An Narrow Approach To A Pervasive Probem, Megan L. Starich

Washington International Law Journal

In June 2006, Japan changed its approach to employment discrimination by amending the Equal Employment Opportunity Law (“EEOL”). The change was prompted by increased gender discrimination litigation, domestic economic pressures relating to the low birth rate, a stagnant economy and declining labor force, and criticism from the United Nations. The revised law attempts to address several of the shortcomings of the old law. First, Japan has made the law applicable to all workers rather than just to women workers. Second, the revisions expand the scope of the law by including a section on indirect discrimination. Third, the revisions provide greater …

Korea's New Prostitution Policy: Overcoming Challenges To Effectuate The Legislature's Intent To Protect Prostitutes From Abuse, Ji Hye Kim

Washington International Law Journal

Prostitution has been rampant in South Korea, exposing tens of thousands of women to abuse and violence. Beginning in 2000, however, women’s rights organizations spearheaded a legal reform campaign to change the nation’s prostitution policy. They drafted and proposed two bills to the National Assembly, which subsequently enacted them as laws. In passing the new legislation, the South Korean government vowed to eliminate prostitution as well as protect victims of exploitation and violence in the sex industry. However, the legislation fails to achieve these goals due to inherent inadequacies in the language and structure of the laws. This shortfall arises …

China's Practice Of Procuring Organs From Executed Prisoners: Human Rights Groups Must Narrowly Tailor Their Criticism And Endorse The Chinese Constitution To End Abuses, Joan E. Hemphill

Washington International Law Journal

For the past two decades, human rights groups, medical organizations, and the international media have excoriated China for procuring transplant organs from executed prisoners. This practice was first authorized under China’s 1984 “Temporary Rules Concerning the Utilization of Corpses or Organs from the Corpses of Executed Criminals” and it is widely used by the Chinese government. Reports from Chinese doctors and media sources reveal significant deficiencies both in the text and application of China’s current organ-procurement laws. The lack of clear legal parameters and the absence of enforcement measures have opened the door to problems of interpretation and misapplication, resulting …

When Are There More Laws? When Do They Matter? Using Game Theory To Compare Laws, Power Distribution, And Legal Environments In The United States And China, Ji Li

Washington International Law Journal

In several recent cases, the Supreme People’s Court of China ruled that local police owe a positive duty to protect individual members of the general public. In strong contrast, the United States Supreme Court declared in two police nonfeasance cases that such duty did not exist under the Federal Constitution. This is counterintuitive, because one would expect that in a liberal democracy where the judiciary is independent and powerful, judges would impose higher standard on local law enforcement officers. One possible explanation is that law does not matter in a developing country such as China, so laws are drafted and …

What Impact Will The Revised Trade Union Law Of China Have On Foreign Business?, Zana Z. Bugaighis

Washington International Law Journal

Cheap labor. Minimal regulations. Bribable officials. Foreign corporations attracted to China because of its low cost of business have avoided the unionization desired by the Chinese Communist Party (“CCP”) despite China’s history of weak trade union laws and inconsistent enforcement of union mandates. However, recent concerns of social unrest have forced the CCP to consider reforming the political tools used to control Chinese society. The CCP wants to create social stability, avoid independent unionization, and prevent the westernization of China. Foreign Investment Enterprises (“FIEs”) present new challenges for labor market regulation in China with their large number of non-unionized workers …

Conflict, Terrorism And The Media In Asia, Rebekah L. Bina

Federal Communications Law Journal

Book Review: Conflict, Terrorism and the Media in Asia (Benjamin Cole ed., RoutledgeCurzon 2006) [hereinafter Cole].

The fourth and latest release in a series of publications on the impact of media and changes in societal culture in Asia, this book provides a study of the subnational conflicts across Asia and the global "War on Terror." The authors examine the condition of free press, access to media, and diversity in news reporting to explore how media is used as a tool to facilitate ideological coalition, shelter populations, and maintain political stability.

Comparing Foreign Investment In China, Post-Wto Accession, With Foreign Investment In The United States, Post-9/11, Jordan Brandt

Washington International Law Journal

Ever since China instituted its “open-door policy” (gai ge kai fang) in 1978, the historically autarkic and largely mysterious country has morphed through external interactions with foreign countries and corporations into a hotbed for foreign investment activity. This foreign investment activity has forever changed China’s standing in the global community; today, China stands firm and elevated amongst the ranks of the globalized community as one of the leaders in attracting foreign investment. This article examines China’s rise as an economic power through the use of its foreign investment laws. It then compares the experience of China, a communist …

Daughters Of The Nile: The Evolution Of Feminism In Egypt, Mohamed Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

British tradition and the American Constitution guarantee trial by jury for serious crime. But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways. First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence. Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, …