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Articles 7801 - 7830 of 13717

Full-Text Articles in Comparative and Foreign Law

Satellite Remote Sensing: Commercialization Of Remote Sensing. Is The Use Of Satellite Derived Information For Military Purposes In Violation Of The Peaceful Purposes Provision Of The Outer Space Treaty?, Aylia Licor Jan 2007

Satellite Remote Sensing: Commercialization Of Remote Sensing. Is The Use Of Satellite Derived Information For Military Purposes In Violation Of The Peaceful Purposes Provision Of The Outer Space Treaty?, Aylia Licor

ILSA Journal of International & Comparative Law

Space offers the potential for practically limitless wealth, some already being exploited, some we may only harness in the distant future, and undoubtedly some we cannot begin to guess."


Case Concerning The Rotion Union: The Republic Of Adaria V. The Republic Of Bobbia, The Kingdom Of Cazalia, The Commonwealth Of Dingoth, The State Of Ephraim, And The Kingdom Of Finbar, Maria Noelia Gamio, Barbara Sofia Aubert Casas, Ignacio Herrera, Ignacio Javier Uresandi Jan 2007

Case Concerning The Rotion Union: The Republic Of Adaria V. The Republic Of Bobbia, The Kingdom Of Cazalia, The Commonwealth Of Dingoth, The State Of Ephraim, And The Kingdom Of Finbar, Maria Noelia Gamio, Barbara Sofia Aubert Casas, Ignacio Herrera, Ignacio Javier Uresandi

ILSA Journal of International & Comparative Law

The Republic of Adaria, on one side, and the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim and the Kingdom of Finbar, jointly on the other, have submitted by Special Agreement their differences concerning the Rotian Union, and transmitted a copy thereof to the Registrar of the Court pursuant to article 40(1) of the Statute.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

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

ILSA Journal of International & Comparative Law

No abstract provided.


The Right To Resist The Government: Tyranny, Usurpation, And Regicide In Shakespeare's Plays, C.M.A. Mccauliff Jan 2007

The Right To Resist The Government: Tyranny, Usurpation, And Regicide In Shakespeare's Plays, C.M.A. Mccauliff

ILSA Journal of International & Comparative Law

William Shakespeare (1564-1616) lived in turbulent times. In the guise of examining what the Romans had done, political authority was being challenged seriously from various points along the political spectrum, from communal to individual demands and absolutist stances to the Diggers of the mid- 17th century.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

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

ILSA Journal of International & Comparative Law

No abstract provided.


What Is A Twentieth-Century Constitution?, Peter E. Quint Jan 2007

What Is A Twentieth-Century Constitution?, Peter E. Quint

Faculty Scholarship

At present, almost all of the constitutions in the world are twentieth-century constitutions; indeed, most of them were not adopted until the second half of the twentieth century. Accordingly, the eighteenth-century Constitution of the United States -- which includes the original constitution of 1787-89; the first ten amendments, adopted in 1791; and the Eleventh Amendment, adopted in 1798 -- antedates most other constitutions of the world by at least 150 years. Using the eighteenth-century Constitution of the United States as a form of base-line (a method that may be parochial, but one that I think also has a lot to …


Asset-Backed Securitization In China, Yuwa Wei Jan 2007

Asset-Backed Securitization In China, Yuwa Wei

Richmond Journal of Global Law & Business

No abstract provided.


Protocol No. 14 To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: Toward A More Effective Control Mechanism?, Patricia Egli Jan 2007

Protocol No. 14 To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: Toward A More Effective Control Mechanism?, Patricia Egli

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua Jan 2007

Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Stepchildren Of The Eu: Bulgaria And Romania, Ruth Jackson Lee Jan 2007

The Stepchildren Of The Eu: Bulgaria And Romania, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Improving The Pharmaceutical Industry:Optimality Inside The Framework Of The Current Legal System Provides Access To Medicines For Hiv/Aids Patients In Sub-Saharan Africa, Gourav N. Mukherjee Jan 2007

Improving The Pharmaceutical Industry:Optimality Inside The Framework Of The Current Legal System Provides Access To Medicines For Hiv/Aids Patients In Sub-Saharan Africa, Gourav N. Mukherjee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Corporate Accountability For Environmental Human Rights Abuse In The Developing Nations: Making The Case For Punitive Damages Under The Alien Tort Claims Act, Audrey Koecher Jan 2007

Corporate Accountability For Environmental Human Rights Abuse In The Developing Nations: Making The Case For Punitive Damages Under The Alien Tort Claims Act, Audrey Koecher

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee Jan 2007

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Nao Valel A Pena (Not Worth The Trouble?) Afro-Brazilian Workers And Brazilian Anti-Discrimination Law, Benjamin Hensler Jan 2007

Nao Valel A Pena (Not Worth The Trouble?) Afro-Brazilian Workers And Brazilian Anti-Discrimination Law, Benjamin Hensler

UC Law SF International Law Review

In this paper Benjamin Hensler examines the paradoxical underdevelopment of Brazilian antidiscrimination law and its impact on the country's Afro-Brazilian population - a group that includes more than 40% of Brazil's citizens, and the vast majority of its poor. The author considers why, despite the presence of both widespread racial discrimination in the country's private labor market and explicit prohibitions on employment discrimination in its constitution, there has been - until quite recently - a glaring absence of successful legal challenges to racial discrimination by Afro-Brazilian workers. His paper discusses the interwoven relationships among three key factors that have inhibited …


Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci Jan 2007

Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci

UC Law SF International Law Review

This article discusses recently enacted changes to U.S. immigration law allowing for deportation of violators of international human rights norms. By (1) examining Canada's implementation of similar immigration-based accountability measures for human rights violators; (2) analyzing three cases of alleged human rights violators who left their countries of origin; and (3) discussing deportation. of human rights violators in light of traditional theories of criminal punishment, this paper concludes that deportation alone is an inadequate means of achieving accountability. The article concludes with a series of guidelines for determining whether deportation should be used as part of a greater scheme to …


Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos Jan 2007

Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos

Richmond Journal of Global Law & Business

No abstract provided.


Global Issues In Criminal Law, Linda Carter, Christopher L. Blakesley, Peter J. Henning Jan 2007

Global Issues In Criminal Law, Linda Carter, Christopher L. Blakesley, Peter J. Henning

McGeorge School of Law Teaching Materials

This book provides an introduction to issues arising in international and transnational crimes, giving students a broader perspective on a developing area of the law. Faculty and students have access to material from domestic and international sources. The book builds on a number of subjects treated in the traditional criminal law class, such as mens rea, actus reus, accomplice and conspiratorial liability, and defenses, by analyzing three subjects of current interest: transnational crimes, terrorism, and genocide.


Global Issues In Employment Discrimination Law, Brian K. Landsberg, Samuel Estreicher Jan 2007

Global Issues In Employment Discrimination Law, Brian K. Landsberg, Samuel Estreicher

McGeorge School of Law Teaching Materials

This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Topics include what employers are covered, including extraterritorial application; protected classes in Europe, Asia, South Africa and Mexico; types of unlawful discrimination; and remedies and enforcement mechanisms. The primary material is enhanced by brief notes and questions. The book can supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.


From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer Jan 2007

From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer

UC Law SF International Law Review

Elite athletes have a long history of using various doping methods to enhance performance, from ingesting cocaine to injecting growth hormones. The World Anti-Doping Agency has taken a number of steps to rid sports of doping to level the playing field for all athletes. A new frontier in doping, however, is beginning to emerge in the form of genetic doping, whereby athletes may alter their genetic makeup to improve performance and speed recovery from injuries. This note discusses various legal implications and concerns of the rising threat of genetic doping to international sports.


You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole Jan 2007

You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole

UC Law SF International Law Review

The Recovered Factory Movement in Argentina - in which workers assume control and ownership of factories abandoned by their owners - has piqued the interest of social activists worldwide. However, despite a noticeable buzz within leftist circles, the movement has received little more than a cursory examination from its enthusiasts. This note attempts to nudge the discourse in a substantive direction by explaining the pertinent law, discussing the changes sought by the movement, and analyzing the accompanying policy issues. In so doing, this note is meant to serve as a starting point to encourage more exhaustive treatment of the relevant …


End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode Jan 2007

End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode

UC Law SF International Law Review

The attention that the Schiavo case has brought to end-of-life decisionmaking presents an opportunity to re-examine current laws addressing treatment for incompetent patients. In the United States, the right to self-determination is the primary value in making treatment decisions for incompetent patients. Alternatively the United Kingdom and Australia recognize a more objective "best interest" approach, and Japan places primary importance on the role of families in end-of-life decisionmaking. This note describes these different approaches to making treatment decisions for patients in persistent vegetative states and explores how the "best interest" and family-centered approaches can inform and improve healthcare law in …


The Republic Of Adaria V. The Republic Of Bobbia, Kingdom Of Cazalia, Commonwealth Of Dingoth, State Of Ephraim, And Kingdom Of Finbar, Luke Mclaurin, Rachel Olander, Marquerite Roy, Ashley Walker, Liang Wei Wong Jan 2007

The Republic Of Adaria V. The Republic Of Bobbia, Kingdom Of Cazalia, Commonwealth Of Dingoth, State Of Ephraim, And Kingdom Of Finbar, Luke Mclaurin, Rachel Olander, Marquerite Roy, Ashley Walker, Liang Wei Wong

ILSA Journal of International & Comparative Law

The Republic of Adaria, the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim, and the Kingdom of Finbar submit the present dispute to this Court by Special Agreement, dated September 1,2006, pursuant to article 40(1) of the Court's Statute.


Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers Jan 2007

Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers

UIC John Marshall Journal of Information Technology & Privacy Law

Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …


The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey Jan 2007

The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey

UC Law SF International Law Review

Each year, hundreds innocent children are abducted from their homes and taken to foreign countries - victims of international parental abduction. In 1980, the U.N. developed The Hague Convention on Civil Aspects of International Childhood Abduction in order to protect children from wrongful international abduction, and to ensure that abducted children are safely returned to their homes. Although scholars laud the Convention as being generally effective, perverse results sometimes arise in the U.S., where courts are struggling to interpret the Convention's provisions so that they do not harm victims of domestic violence. This note suggests a novel way to improve …


Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow Jan 2007

Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow

Faculty Publications

In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …


Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman Jan 2007

Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will Jan 2007

A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead Jan 2007

The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead

Florida State University Journal of Transnational Law & Policy

No abstract provided.


China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett Jan 2007

China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee Jan 2007

Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.