Comparative and Foreign Law Commons^™

Hostile Takeovers And Hostile Defenses: A Comparative Look At U.S. Board Deference And The European Effort At Harmonization, Tyler A. Theobald

ExpressO

The United States and the European Union have taken very different approaches in dealing with tender offers, especially in respect to the amount of power the board of directors has to block an unwanted takeover attempt. The United States has no single set of guiding principles regarding most of substantive corporate law and the field of tender offers is no different. The European Union, on the other hand, has very recently passed legislation that not only attempts to harmonize the corporate takeover laws of all its member states, but seeks to restrict the power of the board of directors. The …

Do Foreigners Need Title Insurance In Mexico? - An Analysis Of U.S. Title Insurance And Mexican Real Estate Law, Jeffrey G. Boman

ExpressO

This paper analyzes the title insurance industry in the United States and comparable institutions in Mexico. It begins with an overview of the history of title in both counties, followed by a description of their respective real estate systems. Finally, a summary of the laws that affect holding title to property in Mexico reveals that, although title insurance may provide other benefits for foreign investors, it provides duplicitous coverage for property in Mexico.

The Conditional Effects Of Ideology And Institutional Structure On Judicial Voting In State Supreme Courts, Jeff L. Yates, Paul Brace, Brent Boyea

ExpressO

Two enormously influential perspectives on courts offer fundamentally different predictions about court outcomes and the effects of judge ideology on those outcomes. Well-known to political scientists studying courts, the ideological voting (IV) literature argues that judge ideology is a strong predictor of court outcomes and that those outcomes should be proximate to the policy preferences of courts. Less known to political scientists but highly influential, the law and economics perspective (LE) focuses on settlement behavior of litigants who try to minimize costs and thus estimate likely outcomes in court, and settle simpler cases pre-trial. In this case selection process litigants …

Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald

ExpressO

This paper uses the issue of runaway production as a looking glass into the complex world of Hollywood economics and politics. As such, a broad overview of Hollywood's business practices, history, and technology are discussed so the reader can understand how runaway production (a major issue itself) is one piece of the Hollywood puzzle. Specifically, this paper attempts to study runaway productions from the Law and Economics approach described in Judge Richard Posner's text on the subject. Events in 2006 illustrate the continuing importance of runaway productions and CEIDR's August 2006 report is discussed in this paper.

Recently expanded, this …

Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus

ExpressO

Reforming Mexico’s Labor Law for Independent Labor Unions analyzes the legal difficulties Mexican independent labor unions face in establishing themselves and proposes a legislative solution. The methodology used examines the institutionalized behaviors of the administrative labor boards and businesses, which prevent the formation of independent labor unions. The discretion that Mexican labor law affords the labor boards and businesses explains, in large measure, the obstacles facing independent labor unions. Having analyzed the relevant legal framework this article proposes specific legislation to strengthen these independent labor unions. Within the context of a developing country, Reforming Mexico’s Labor Law for Independent Labor …

Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat

ExpressO

This paper explores the legal measures that have been enacted in Bosnia-Herzegovina (BiH) to counter the threat of terrorism, focusing particularly on the international and domestic political context in which the reform of the Bosnian criminal code was carried out, on the apparent origins of Article 201 of the BiH criminal code in the European Union Framework Decision on Combating Terrorism of June 2002 and on the strengths and weaknesses of this definition in the Bosnian context. The paper argues firstly that the events of 9/11, while certainly of significance, were less salient to the definition of terrorism adopted in …

From Origin To Delta: Changing Landscape Of Modern Constitutionalism, Jiunn-Rong Yeh, Wen-Chen Chang

ExpressO

This article deals with the question of whether and to what extent the two forces of democratization and globalization have altered our understandings of constitutionalism. We attempt to theorize a changing landscape of constitutionalism that includes transitional and transnational perspectives and examine respectively their features, functions and characteristics. First, we analyze respective developments of transitional and transnational constitutionalism by identifying their features, perspectives, functions, and characteristics. Then we examine to what extent and in what ways the developments in transitional and transnational constitutionalism pose challenges to our traditional understanding of modern constitutional laws. Finally, we shall picture a new constitutional …

The Role Of International Human Rights Law In The American Decision To Abolish The Juvenile Death Penalty, William A. Feldman

ExpressO

This article focuses on the recent (2005) decision of the United States Supreme Court in Roper v. Simmons, declaring the juvenile death penalty unconstitutional. The article discusses the impact of international law, particularly human rights law, on the decision of the Court, and speculates about the influence of international law on future decisions.

Oppression Through Violence: The Case Of Colombia - An Expansion Of The Fetish Object, Harris J. Corey

North Carolina Central Law Review

No abstract provided.

Communicating Past The Conflict: Solving The Medical Futility Controversy With Process-Based Approaches, Bryan Rowland

University of Miami International and Comparative Law Review

No abstract provided.

The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau

University of Miami International and Comparative Law Review

No abstract provided.

U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner

University of Miami International and Comparative Law Review

No abstract provided.

Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch

University of Miami International and Comparative Law Review

No abstract provided.

Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson

University of Miami International and Comparative Law Review

No abstract provided.

Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison

University of Miami Inter-American Law Review

No abstract provided.

Pragmatic Responses To Interpretive Impediments: Article 7 Of The Cisg, An Inter-American Application, Shani Salama

University of Miami Inter-American Law Review

No abstract provided.

Official Language A, B, Cs: Why The Canadian Experience With Official Languages Does Not Support Arguments To Declare English The Official Language Of The United States, Marla B. Somerstein

University of Miami Inter-American Law Review

No abstract provided.

Brazil's Ip Opportunism Threatens U.S. Private Property Rights, Lawrence A. Kogan

University of Miami Inter-American Law Review

No abstract provided.

Foreum Non Conveniens Misconstrued: A Response To Henry Saint Dahl, Michael Wallace Gordon

University of Miami Inter-American Law Review

No abstract provided.

Child Pornography In Canada And The United States: The Myth Of Right Answers, Travis Johnson

Dalhousie Law Journal

Child pornography is an increasing worldwide concern and is one of the most active fronts in the ongoing battle between freedom of expression and public safety and morality. In 2005, the child pornography provisions of the Canadian Criminal Code were amended in response to the controversial decision of the Supreme Court in R. v. Sharpe. Similar legislative response has occurred in the United States following the U.S. Supreme Court decision inAshcroft v. Free Speech Coalition. A comparative examination of the legislative and judicial treatments of the issue of child pornography in these countries reveals that despite reaching differing rights-balancing positions, …

Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney

Cardozo Public Law, Policy & Ethics Journal

The article explores the tension between national security interests and procedural fairness in the use of secret evidence across non-Article III contexts, including military tribunals, Combatant Status Review Tribunals (CSRTs), and immigration courts. It examines the challenges of balancing government secrecy with individual rights, emphasizing the need for procedural safeguards to navigate this complex issue.

Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns

Dalhousie Law Journal

The traditional doctrine of testamentary undue influence developed in nineteenth century England. Its utility, however, is limited since the doctrine requires the person alleging undue influence to provide direct proof of coercion according to a high standard. In England the doctrine has remained static and there have been calls for reform. In Canada, some courts have ceased to apply the traditional doctrine so that today there is no one consistent and coherent doctrine of testamentary undue influence. This article explores two possible reforms of the doctrine both of which are evident in recent Canadian case law: a presumption of testamentary …

Assessing The Rule Of Law In Russia, Kathryn Hendley

Cardozo Journal of International and Comparative Law

The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the …

Medical Torture: End Of Life Decision-Making In The United Kingdom And United States, Jon D. Feldhammer

Cardozo Journal of International and Comparative Law

The note examines the legal and ethical challenges surrounding end-of-life medical decisions in the United States and the United Kingdom, highlighting the failure of both countries to effectively implement patients' end-of-life plans. It argues that the current legal frameworks in both nations often lead to prolonged, painful, and futile medical treatments, violating patient dignity and human rights. The analysis critiques the lack of consensus on medical futility and proposes a legislative model to balance patient autonomy, physician discretion, and ethical medical practice.

Rock, Paper, Scissors, Trademark? A Comparative Analysis Of Motion As A Feature Of Trademarks In The United States And Europe, Lesley Matty

Cardozo Journal of International and Comparative Law

Motion trademarks, or motion marks, represent a unique form of nontraditional trademarks that use movement to distinguish goods and services. Despite their recognition in the U.S. and Europe, motion marks face significant challenges in registration and enforcement due to limited case law and unclear protection standards. This note explores the legal and practical complexities surrounding motion marks, advocating for improved registration processes and alternative legal strategies, such as dilution claims, to enhance their protection.

Interpreting The Wiretap Act: Applying Ordinary Rules Of "Transit" To The Internet Context, Samantha L. Martin

Cardozo Law Review

No abstract provided.

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Journal of Legal Education

No abstract provided.

Criminal Law In Comparative Context, Markus D. Dubber

Journal of Legal Education

No abstract provided.

Incorporating Transnational Law In First Year Criminal Law And Procedure Classes, Ellen S. Podgor

Journal of Legal Education

No abstract provided.

Transnational Law And Regulation Of The Police, Christopher Slobogin

Journal of Legal Education

No abstract provided.