Comparative and Foreign Law Commons^™

Below The Surface: Comparing Legislative History Usage By The House Of Lords And The Supreme Court, James J. Brudney

ExpressO

Abstract for “Below the Surface: Comparing Legislative History Usage by the House of Lords and the Supreme Court

In 1992, the Law Lords (the judicial arm of the House of Lords) overruled more than two centuries of precedent when it decided in Pepper v. Hart that courts could refer to and rely on legislative history to aid in construing enacted laws. The ensuing fourteen years have witnessed a robust debate among British judges and legal scholars as to the scope and propriety of Pepper. This article offers the first empirical and comparative analysis of how Britain’s highest court has used …

The Effects Of Domestic Legal Institutions On International Trade Flows, Yu Wang

ExpressO

The effects of institutions on international trade relations are of theoretical and practical interest. By following the research perspective that interprets institutions as the “rules of the game”, I suggest and study three domestic legal institutions---tenure system for judges, precedent law, and judicial review that supposedly have significant effects on international trade flows. My empirical tests show that both precedent law and judicial review have independent effects on bilateral trade volume while the proposed independent effect of tenured judge is unsupported. Moreover, my empirical evidences suggest that precedent law introduces its effect in a monadic fashion while judicial review (measured …

Civil Liberties Advocacy Organizations In Canada: A Survey And Critique, Jeremy Patrick

ExpressO

Civil Liberties Advocacy Organizations in Canada: A Survey and Critique.” This article explores the structure and activities of modern civil liberties groups in Canada through a comparative look with the ACLU in the United States. The thesis of the article is that the Canadian model of having fragmented and isolated groups in some provinces is not as effective as the American model of having a single, national organization with affiliates in each state.

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

ExpressO

The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”

No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

ExpressO

The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …

Controlling Family Shareholders In Developing Countries: Anchoring Relational Exchange, Ronald J. Gilson

ExpressO

The Law and Finance account of the ubiquity of controlling shareholders in developing markets is based on conditions in the capital market: poor shareholder protection law prevents controlling shareholders from parting with control out of fear of exploitation by a new controlling shareholder who acquires a controlling position in the market. This explanation, however, does not address why we observe any minority shareholders in such markets, or why controlling shareholders in developing markets are most often family-based. This paper looks at the impact of “bad law” on shareholder distribution in a very different way. Developing countries typically provide not only …

Triumph Or Tragedy? The Curious Path Of Corporate Disclosure Reform In The U.K., Cynthia A. Williams, John M. Conley

William & Mary Environmental Law and Policy Review

No abstract provided.

A Contextual Study Of Islamic Laws Of War: The Case Of Ibn Hazm, Nesrine Badawi

Archived Theses and Dissertations

No abstract provided.

From Free Trade To Fair Trade: Reclaiming Special And Differential Treatment, Mahmoud Ahmed Sabry

Archived Theses and Dissertations

No abstract provided.

War And Peace: The Changing Face Of Development Discourse, Ahmed Arif

Archived Theses and Dissertations

No abstract provided.

Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov

ExpressO

Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.

International Law And Legitimacy And The Palestine Question, Rashid Khalidi

UC Law SF International Law Review

In this speech delivered at the Fourth Annual Rudolf B. Schlesinger Memorial Lecture on October 25, 2006, Rashid Khalidi discussed aspects of the history of how international law and the growing 20th century framework of international legitimacy emerging from the League of Nations and the United Nations have intersected with the issue of Palestine over the past century or so. Indeed, in some measure, the treatment of the Palestine issue by these two bodies has shown the limits of international law, and of an international order founded on it. In making policy on Palestine over most of the past century, …

Ireland Goes Bananas: Irish Insider Trading Law And Price-Sensitive Information After Fyffes V. Dcc, Jeremiah Burke

UC Law SF International Law Review

In Fyffes v. DCC, the Irish High Court ruled that James Flavin, a non-executive director of the banana distributer, Fyffes PLC, did not engage in insider trading. The case is Ireland's most significant ruling on insider trading because it clarifies the test, under Irish law, for determining whether information available to an insider is price-sensitive. A comparison of Irish and American securities law reveals that an American court may have viewed Flavin's dealings as insider trading because American courts focus on whether non-public information is material. While Fyffes was not a sympathetic plaintiff, the Irish statutory focus on price-sensitive information …

Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber

All Faculty Scholarship

Private enforcement has long been a central part of US antitrust law experience, while it has played minor roles or none at all in European competition law systems. This contrast is fundamental to understanding differences between European and US competition law and to assessing the potential consequences of increasing the role of private enforcement of competition law in Europe. It is also central to decisions about competition law development in much of the world, because in this respect most competition law systems in the world resemble European competition laws rather than US antitrust law.

In this essay, I examine the …

Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Criminal Conspiracy And The Military Commissions Act: Two Minds That May Never Meet, Charles H. Rose Iii

ILSA Journal of International & Comparative Law

Good morning. I wish to thank my fellow panelists, the International Law Society, and the New York City Bar Association for hosting this excellent conference.

Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen

ILSA Journal of International & Comparative Law

The theme of our presentation is "Military Jurisprudence: Bastion of Conservatism or Progressive Problem Solver."

The Republic Of Georgia's Fight Against Torture: A Model For Emerging Democracies, Jason D. Reichelt

ILSA Journal of International & Comparative Law

On May 10, 2005, President George W. Bush became the first U.S. President to visit the Republic of Georgia, a small country nestled between the Black Sea and the Caspian Sea and formerly part of the Soviet Union, which earned its independence in 1991.

La Lucha De La Republica De Georgia En Contra De La Tortura: Un Modelo Para Democracias Emergentes, Jason D. Reichelt

ILSA Journal of International & Comparative Law

El 10 de mayo del 2005, el Presidente George W. Bush se convirti6 en el primer presidente estadounidense en visitar la Republica de Georgia, un pais pequehio ubicado entre el Mar Negro y el Mar Caspio, y anteriormente parte de la Uni6n Sovi6tica, la cual obtuvo su independencia en 1991.

Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Sheng

ILSA Journal of International & Comparative Law

The signing of the Rome Statute that created the International Criminal Court (ICC) was viewed by many in the international law community as a constitutional moment not unlike the passage of the Judiciary Act of 1789.

Comentario: La Decision Del Tribunal De Justicia De Las Comunidades Europeas De Anular El Acuerdo Entre Los Estados Unidos Y La Comunidad Europea En Cuanto A La Transferencia Detos De Registro De Nombres Personales, Sus Efectos, Y Recomendaciones Para Una Nueva Solucion, Vanessa Serrano

ILSA Journal of International & Comparative Law

Como consecuencia de los ataques terroristas del I I de septiembre en los Estados Unidos, el gobiemo estadounidense implement6 nuevas leyes y regulaciones para aerolineas intemacionales que aterrizan en aeropuertos estadounidenses.

Dual System Of Human Rights: The European Union, Elizabeth Defeis

ILSA Journal of International & Comparative Law

Developments in the area of human rights continue to figure prominently in the evolving jurisprudence of the European Union.

Comment: The European Court Of Justice's Decision To Annul The Agreement Between The United States And European Community Regarding The Transfer Or Personal Name Record Data, Its Effects, And Recommendations For A New Solution, Vanessa Serrano

ILSA Journal of International & Comparative Law

As a result of the September 11 th terrorist attacks on the United States, the U.S. government implemented new laws and regulations for international air carriers landing in U.S. airports.

Targeted Killings And The Soliders' Right To Life, Solon Solomon

ILSA Journal of International & Comparative Law

Targeted killings are a major, albeit controversial, policy in the modern war against terror.

Analisis Del Principio De Complentariedad De La Corte Penal Internacional Tras El Lente De Las Cortes Federales, Ada Sheng

ILSA Journal of International & Comparative Law

La firma del Estatuto de Roma que cre6 la Corte Penal Internacional (CPI) fue visto por muchos en la comunidad de derecho internacional como un momento constitucional similar a la implementaci6n del Acto de Judicatura de 1789.

"The Ghosts Of Colonialism In Africa": Silences And Shortcomings In The Icjs 2005 Armed Activities Decision, Guy Fiti Sinclair

ILSA Journal of International & Comparative Law

International law likes to imagine itself as neutral, dispassionate, and prin- cipled, operating above the petty squabbles and prejudices of states and peoples.

Torture On Trial: How The Alien Tort Statute May Expose The United States Government's Illegal "Extraordinary Rendition" Program Through Its Use Of A Private Contractor, Jamie A. Baron Rodriguez

ILSA Journal of International & Comparative Law

While traveling through Pakistan, British resident Binyam Mohamed (Mohamed) was arrested and handed over to U.S. government agents for four months of abusive first-round interrogation while denied access to a legal representation.'

The Icc In Darfur-Savior Or Spoiler?, Philipp Kastner

ILSA Journal of International & Comparative Law

As we have witnessed since the beginning of the 1990s, international law, in particular international criminal justice, can have a significant impact on the peace process and the reconciliation of societies in post-conflict periods.