Comparative and Foreign Law Commons^™

Did The Presumption Of Innocence Exist In Summary Proceedings, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

Having long admired Norma Landau's pioneering work on the seventeenth- and eighteenth-century English magistracy, I am grateful to her for bringing her considerable expertise to bear on my article. Characteristically, Landau's criticism is extremely forceful. Unfortunately, the intriguing questions that Landau raises in her comment are obscured by a host of criticisms based on a misunderstanding of the claims that I advance. Landau attributes arguments to me that I do not make and ignores important ones that I do. In the process, she fails to engage with my central thesis: In summary proceedings that required suspects to “account” for materials …

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Opening The Pandora's Box Of Space Law, Paul Tobias

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies: Implementing International Law In Israel/Palestine Conflict: Introduction, George E. Bisharat

UC Law SF International Law Review

No abstract provided.

International Law And The Peace Process, Richard Falk

UC Law SF International Law Review

No abstract provided.

International Law And Rights-Based Remedies In The Israel/Palestine Conflict: Settlements, Asli U. Bali

UC Law SF International Law Review

No abstract provided.

International Law And The Palestine Refugees, John Quigley

UC Law SF International Law Review

No abstract provided.

The Mirage Of Rights - Response, Elazar Barkan

UC Law SF International Law Review

No abstract provided.

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver

UC Law SF International Law Review

No abstract provided.

Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr

UC Law SF International Law Review

No abstract provided.

Judicial Reform In Afghanistan: A Case Study In The New Criminal Procedure Code, Faiz Ahmed

UC Law SF International Law Review

On January 4, 2004, the Islamic Transitional State of Afghanistan ratified a constitution. While lauded by many, a number of its articles have stirred debate within Afghanistan. Using the country's new criminal procedure code as a case study, the author addresses key questions pertaining to legal reform and development movements, including the foreign imposition of law, a lack of local participation in legal reform processes, and a blindness to the multiple layers of indigenous law practiced on the ground. The author concludes that these are all weaknesses that will fundamentally hamper the rebuilding of stable legal institutions in Afghanistan in …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Fair Trade And Ethical Labeling In The Clothing, Textile, And Footwear Sector: The Case Of Blue Jeans, Onno Kuik

ILSA Journal of International & Comparative Law

Consumer labels are quite common in the clothing, textiles, and footwear industry.

Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

Este articulo presenta y compara datos colectados en Argentina y los Estados Unidos durante la experiencia inicial de cada pais con la mediaci6n obligada por ley.

El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander

ILSA Journal of International & Comparative Law

Este papel apunta para analizar "el Modelo de Consejo de Administraci6n" por una comparaci6n del Consejo de Administraci6n Forestal (FSC por sus siglas en ingles) y el Consejo de Administraci6n Maritimo (MSC por sus siglas en ingles).

Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin

ILSA Journal of International & Comparative Law

Good afternoon. Please accept my apologies if I suddenly tear out of here, or look nervously at my watch throughout the panel.

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.

Jus Ad Bellum: The Next Iraq, Ian Johnstone

ILSA Journal of International & Comparative Law

Our chairman said that the task of this panel is to discuss preemptive military intervention to combat either: the threatened use of force, for example, by terrorists armed with weapons of mass destruction; or outrageous human rights violations, like genocide.

The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi

ILSA Journal of International & Comparative Law

The inauguration of a permanent tribunal for the prosecution of serious crimes has raised anew the problem of enforcement of human rights in international law.

Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin

ILSA Journal of International & Comparative Law

Since the Allied-overseen Nuremberg Trials in 1945, the legal measures pursued by nations negotiating political transition and responding to the human rights abuses of prior regimes ("transitional justice")' are subject to examination by the watchful eye of the international community and international standards.

Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In April of 2001, an agreement was entered into between Appollonia (Applicant) and Maguffin (not party to this case) for the exportation of MOX, produced by an Appollonian State-owned power plant. Since then, Appollonia has exported MOX to Maguffin via shipments traveling through the waters of Raglan (Respondent), located halfway between Appollonia and Maguffin.

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The Republic of Appollonia and the Kingdom of Raglan submit their differences concerning The Mairi Maru to this Court by Special Agreement, dated May 15, 2004, pursuant to Article 40(1) of the Court's Statute.

Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan

ILSA Journal of International & Comparative Law

Although the growth of extradition treaties has assisted in the prosecution of suspects who are not present in the state seeking their prosecution, there will always be situations where extradition is not available or plausible.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.

Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar

ILSA Journal of International & Comparative Law

The terrorist attacks in London 2 and Egypt' and other parts of the world have once again reinforced the attention of the international community on the problem of "terrorism."

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

Comercio Justo Y Etiquetaje Etico En El Sector De Ropa, Textil, Y Calzado: El Caso De Blue Jeans (Jeans Azules), Onno Kuik

ILSA Journal of International & Comparative Law

Etiquetas del consumidor son bastante comunes en la industria de ropa, textiles y calzado.

"We Are The World" - Or Are We? The United States' Conflicting Views On The Use Of International Law And Foreign Legal Decisions, Hadar Harris

Human Rights Brief

No abstract provided.

A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana

UIC Law Review

No abstract provided.