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Articles 8611 - 8640 of 13718

Full-Text Articles in Comparative and Foreign Law

Bank Insolvency Regimes In The United States And The United Kingdom, Heidi Mandanis Schooner Jan 2005

Bank Insolvency Regimes In The United States And The United Kingdom, Heidi Mandanis Schooner

Scholarly Articles

Bank insolvency regimes vary widely. First, many countries maintain separate bank insolvency rules from those that govern insolvency of other firms or individuals. Other countries have no special regime and rely on their general insolvency law for bank closure. Second, some countries rely on an administrative process for bank closure in which the bank supervisor, bank insurer, or other agency has the power to appoint the conservator or receiver, and, in some instances, may appoint itself to the job. Other countries rely on a judicial process in which the bank supervisor (or bank managers or creditors) must apply to the …

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Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez Jan 2005

Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Scholarly Articles

After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.

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The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson Jan 2005

The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

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Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof Jan 2005

Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof

Richmond Journal of Global Law & Business

No abstract provided.

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After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares Jan 2005

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

Richmond Journal of Global Law & Business

No abstract provided.

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Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner Jan 2005

Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner

Washington International Law Journal

As the end of the United Nations General Assembly's International Decade of the World's Indigenous Peoples (1995-2004) approaches, indigenous peoples worldwide are proactively seeking an unprecedented reclamation of aboriginal rights lost since European colonization. One of the most all-encompassing rights that is asserted by indigenous peoples is the right of "indigenous title," a legal term of art that is both difficult to define and challenging to recognize. Notwithstanding domestic opposition from their respective provincial or national legislatures, both the Haida of Canada and the Maori of New Zealand are currently pursuing recognition of this indigenous right through their respective judiciaries. …

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Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs Jan 2005

Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs

Washington International Law Journal

In 2002, in response to the United States' refusal to ratify the Kyoto Protocol, the Pacific island nation of Tuvalu, vulnerable to submersion due to the rising sea level, threatened to bring a lawsuit against the United States in the International Court of Justice for damages to its island. Outside of various jurisdictional issues that may preempt the suit, Tuvalu's suit will likely have a number of substantive law problems. Tuvalu must show not only that the United States is unlawfully causing the island damage, but also that it has a right to future damages that have yet to occur. …

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Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian Jan 2005

Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian

Northwestern Journal of International Law & Business

Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.

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The Use Of International Accounting Standards In The European Union, Alexander Schaub Jan 2005

The Use Of International Accounting Standards In The European Union, Alexander Schaub

Northwestern Journal of International Law & Business

2005 is a watershed year for the application of International Accounting Standards (1ASs) in the European Union. From the first of January this year, all listed European companies must prepare their consolidated accounts using IASs or International Financial Reporting Standards (IFRSs). This requirement represents a quantum leap in the use of a single consistent set of accounting standards for capital markets in the European Union.

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The Japanese Issues And Perspective On The Convergence Of International Accounting Standards, Mitsuru Misawa Jan 2005

The Japanese Issues And Perspective On The Convergence Of International Accounting Standards, Mitsuru Misawa

Northwestern Journal of International Law & Business

Japan is negotiating diligently with the European Union and is asking for its approval of the Japanese accounting standard as an equivalent to the IFRSs. If the Japanese accounting standard fails to be recognized as an equivalent of the IFRSs, disclosure by Japanese companies based on the Japanese accounting standard currently in the European Union would not be allowed. This would severely affect the financing activities of Japanese companies seeking to raise funds in the European Union. Japanese corporations are also concerned about the possibility that Japanese accounting standards could be branded as inferior to the European or U.S. Accounting …

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The Private Sector Amendment To Australia's Privacy Act: A First Step On The Road To Privacy, Alexandra T. Mckay Jan 2005

The Private Sector Amendment To Australia's Privacy Act: A First Step On The Road To Privacy, Alexandra T. Mckay

Washington International Law Journal

Global and national transfers of personal information and data protection laws meant to regulate such transfers will have a significant impact on the growing Internet. Yet vastly different philosophies on how to protect individuals' personal information from theft or misuse by the private sector have led to very different regulatory models throughout the world. In the industrialized world, the European Union's approach, a universally applicable, comprehensive data protection law, occupies one end of the regulatory spectrum, while a self-regulatory scheme like the United States' stakes out the other end. Australia's Private Sector Privacy Act Amendment ("2000 Amendment") lies somewhere in …

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La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn Jan 2005

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Michigan Journal of International Law

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

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Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii Jan 2005

Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii

Richmond Journal of Global Law & Business

No abstract provided.

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Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah Jan 2005

Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah

Richmond Journal of Global Law & Business

No abstract provided.

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Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff Jan 2005

Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff

Richmond Journal of Global Law & Business

No abstract provided.

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Caught Between A Rock And A Soft Place: Regulating Legal Ethics To Police Corporate Governance In The United States And Hong Kong, Susan E. Carroll Jan 2005

Caught Between A Rock And A Soft Place: Regulating Legal Ethics To Police Corporate Governance In The United States And Hong Kong, Susan E. Carroll

Washington International Law Journal

Both the United States and Hong Kong have suffered through corporate governance scandals in recent years. The two nations have tried different methods of regulating legal ethics in order to curtail future corporate governance scandals. The United States, via the Sarbanes-Oxley Act of 2002, empowered the Securities and Exchange Commission ("SEC") to dictate disclosure requirements to U.S. lawyers who represent listed corporations. This mandate creates conflicts between lawyers' duty to keep clients' secrets and their duty to disclose client information for the protection of public interests. Hong Kong took a completely different approach. The Hong Kong Stock Exchange negotiated the …

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Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall Jan 2005

Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall

Washington International Law Journal

Online music piracy is a major problem in the United States and a growing problem in the People's Republic of China ("PRC"). Despite awareness of the roots of the problem, the responses of the American government and recording industry have enjoyed only mixed success. The most effective ways of combating online music piracy have been the legal pursuit of individual copyright infringers and the emergence of fee-based download services. In light of the differences in social background, laws, enforcement structure, and cultural beliefs between the United States and the PRC, simply transplanting American responses to online music piracy to the …

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Political Developments In Post-Eyadema Togo: A Critical Analysis, Kwadwo Appiagyei-Atua Jan 2005

Political Developments In Post-Eyadema Togo: A Critical Analysis, Kwadwo Appiagyei-Atua

Human Rights Brief

No abstract provided.

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Iraq’S Constitutional Process: Challenges And The Road Ahead, Vanessa J. Jiménez Jan 2005

Iraq’S Constitutional Process: Challenges And The Road Ahead, Vanessa J. Jiménez

Human Rights Brief

No abstract provided.

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Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon Jan 2005

Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use scholars and practitioners in the United States trace the development of domestic land use law to 1916, when the City of New York adopted the nation's first comprehensive zoning law, and then on to 1926 when the U.S. Supreme Court declared zoning constitutional in Euclid v. Ambler Realty. Some have studied European influences stemming from late nineteenth century regulations and the urban design principles imported from the great cities of the era. Others know about the catastrophic London fire of 1666 and how it transformed society's understanding of why individual property rights, to some degree, must be subject …

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Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest Jan 2005

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.

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Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle Jan 2005

Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle

UC Law SF International Law Review

No abstract provided.

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Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu Jan 2005

Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu

UC Law SF International Law Review

Since the 1990s, China has witnessed large-scale demolition projects aimed at making room for commercial development. Commercial developers have been reluctant to provide residents with compensation and relocation arrangements, resulting in tension between residents and developers. To strike a balance between economic development and private property protection, lawmakers passed several laws to regulate government takings. In March 2004, a clause was added to Article 13 of the Constitution, requiring the government to compensate private owners when their property is taken for public use. The author concludes that widespread misuse of public purpose takings and forced evictions indicate that these new …

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Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page Jan 2005

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

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The German Parental-Leave System As A Model For California: Creating A Race To The Top Within A Federal System, Dirk Larsen Jan 2005

The German Parental-Leave System As A Model For California: Creating A Race To The Top Within A Federal System, Dirk Larsen

UC Law SF International Law Review

When the U.S. Congress was drafting the Family and Medical Leave Act of 1993, it looked to Germany as an example of a country with generous family-leave policies as well as a strong economy. Due to opposition from the business sector and reluctance to regulate family life, the resulting legislation was much weaker than its German counterpart. Since that time, Germany's social order proved less self-sustaining than previously thought. The author compares the relative merits, successes, and failures of Germany's and California's parental-leave policies and suggests that California could stand to benefit by adopting modified aspects of the German model …

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The Role Of U.S. Foreign Policy In Establishing Jurisdiction: Should Foreign Policy Be An Exclusively Federal Concern, Benjamin R. Ehrhart Jan 2005

The Role Of U.S. Foreign Policy In Establishing Jurisdiction: Should Foreign Policy Be An Exclusively Federal Concern, Benjamin R. Ehrhart

UC Law SF International Law Review

No abstract provided.

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Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh Jan 2005

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

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The Law And Culture Of The Apology In Korean Dispute Settlement (With Japan And The United States In Mind), Ilhyung Lee Jan 2005

The Law And Culture Of The Apology In Korean Dispute Settlement (With Japan And The United States In Mind), Ilhyung Lee

Michigan Journal of International Law

This Article addresses the apology in civil dispute settlement in Korea, Japan's neighbor across the East Sea, using the U.S.-Japan comparative discussion as a helpful frame of reference. Part I provides the necessary background on the meaning of the apology and the leading commentary along the U.S.-Japan axis, beginning with the work of Wagatsuma and Rosett. Culture appears in this discussion in two regards. First, a question arises as to whether the very meaning of the apology as noted in the commentary reflects the U.S. cultural orientation, or instead has universal application. Second, some argue that cultural norms explain the …

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Can The Sauvegarde Reform Save French Bankruptcy Law?: A Comparative Look At Chapter 11 And French Bankruptcy Law From An Agency Cost Perspective, Robert Weber Jan 2005

Can The Sauvegarde Reform Save French Bankruptcy Law?: A Comparative Look At Chapter 11 And French Bankruptcy Law From An Agency Cost Perspective, Robert Weber

Michigan Journal of International Law

This Note will attempt to explain the intersection of agency costs and bankruptcy law, looking first to general agency problems involved when firms are insolvent and moving next to discussions of how U.S. Chapter 11 and French bankruptcy laws attempt to address these problems. First, I will attempt to articulate the relationship between agency costs and (1) debtor control over the firm during Chapter 11 reorganizations and (2) deviations from the absolute priority rule in Chapter 11. Specifically, I will argue that creditors voluntarily accede to plans proposed by management that impair the same creditors' legal entitlements, and that this …

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Federalism In Brazil, Keith S. Rosenn Jan 2005

Federalism In Brazil, Keith S. Rosenn

Articles

No abstract provided.

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