Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8671 - 8700 of 13722

Full-Text Articles in Comparative and Foreign Law

The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto Jan 2005

The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto

Washington International Law Journal

In an effort to ease racial tension and the resulting political unrest, recent law reform in Fiji has focused on land tenure. Political coups in the wake of expiring agricultural leases demonstrate that the current tenure system fails to provide the security and predictability demanded by both Fijian owners and Indian tenants. Current law reform theory advocates adapting the rule of law to the local context to promote human rights and self-determination. A problem lies, however, in identifying the institutions and interests that define Fiji's local context. In addition to the country's divided ethnic population, Fiji's "tradition" is largely defined …

Go to article

Report Regarding The Pacific Mcgeorge Workshop On Globalizing The Law School Curriculum, Thomas O. Main Jan 2005

Report Regarding The Pacific Mcgeorge Workshop On Globalizing The Law School Curriculum, Thomas O. Main

Scholarly Works

No abstract provided.

Go to article

The Islamic Roots Of Democracy, Ali Iyad Yakub Jan 2005

The Islamic Roots Of Democracy, Ali Iyad Yakub

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster Jan 2005

The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

The Lengthening Shadow Of Androcentrism, Bryan K. Fair Jan 2005

The Lengthening Shadow Of Androcentrism, Bryan K. Fair

Cardozo Journal of Equal Rights & Social Justice

The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.

Go to article

Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner Jan 2005

Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner

Librarians' Articles

In reflecting on the various ways she has developed some expertise in the area of foreign and international research (without being an expert), Ms. Whisner offers suggestions to others who would like to build their own knowledge in this field.

Go to article

Planting A Standard: Proposing A Broad Reading Of In Re Elsner, Alicia L. Frostick Jan 2005

Planting A Standard: Proposing A Broad Reading Of In Re Elsner, Alicia L. Frostick

Michigan Law Review

This Note will show that one can read Elsner broadly to encompass both plant-type and widget-type inventions, and that applying Elsner to both plants and widgets is within the current statutory framework and case law. Such a reading would change the § 102 bar for inventions patentable under § 10i29 (hereinafter referred to as "widgets") as well as for plants. Part I of this Note argues that congressional sources require a flexible test-one that does not prejudice any objects under the Patent Act. Part II discusses the judicial interpretation of the Patent Act prior to Elsner in order to argue …

Go to article

Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton Jan 2005

Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Go to article

A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese Jan 2005

A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Perspectives On Brown: The South African Experience, Penelope Andrews Jan 2005

Perspectives On Brown: The South African Experience, Penelope Andrews

Articles & Chapters

In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …

Go to article

Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier Jan 2005

Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier

Journal Articles

England and Canada have adopted divergent approaches to the enforcement of foreign civil and commercial judgments. An English court will only enforce a foreign judgment where the defendant submitted to the junsdiction of the foreign court, or was present in the foreign jurisdiction when served with process. This position. while protecting domestic defendants, is outdated and does little to further the objectives underpinning judgment enforcement- Canadian courts, by contrast, have been far more liberal than their English counterparts, enforcing foreign judgments in cases where there is a "real and substantial connection" between the dispute and the judgment forum. While this …

Go to article

Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford Jan 2005

Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford

Faculty Scholarship

This Article details my disagreements with Professor Lynn LoPucki's article "Global and out of Control" (79 Am. Bankr. L.J. 79). Part I discusses universalism and territorialism, especially the modified version of universalism that I support. Part II examines the international venue provisions of the Model Law and the EU Regulation. Part III introduces the relevant venue shopping cases. Only two groups of cases are relevant for the purpose of this paper: the French and German subsidiaries of Daisytek and Eurofood (a subsidiary of Parmalat SpA, the Italian conglomerate). None of the other cases that Professor LoPucki discusses was subject to …

Go to article

The Importation Of Sexism: A Cost-Benefit Approach To The U.S.-South Korea Friendship, Commerce And Navigation Treaty, Jennifer D. Fease Jan 2005

The Importation Of Sexism: A Cost-Benefit Approach To The U.S.-South Korea Friendship, Commerce And Navigation Treaty, Jennifer D. Fease

Vanderbilt Journal of Transnational Law

The U.S.-South Korea Friendship, Commerce and Navigation Treaty was entered into by the signatory countries following World War II and governs the actions of corporations operating in a foreign country. One provision of the Treaty allows foreign corporations in the United States to choose executives "of their choice," arguably without regard to the statutory protections that the United States affords in the hiring process. In this Note, the Author contends that the U.S.-South Korea Friendship, Commerce and Navigation Treaty results in discrimination against women in the United States because South Korean employers tend to choose South Korean men to fill …

Go to article

Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Deystone Jan 2005

Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Deystone

Publications

No abstract provided.

Go to article

Player Restraints And Competition Law Throughout The World, Stephen F. Ross Jan 2005

Player Restraints And Competition Law Throughout The World, Stephen F. Ross

Faculty Scholarship

This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …

Go to article

The New Iraq: Resolving Public And Private Obligations Incurred Under Saddam Hussein's Rule In The Context Of International Arbitration, Darius Adam Marzec Jan 2005

The New Iraq: Resolving Public And Private Obligations Incurred Under Saddam Hussein's Rule In The Context Of International Arbitration, Darius Adam Marzec

Cardozo Journal of Conflict Resolution

Saddam Hussein's rule in Iraq collapsed on April 9, 2003, after an American-led coalition invasion. The coalition quickly deposed the Iraqi dictator and began the process of turning the nation away from authoritarian rule, murder, and death, to civility. While Saddam Hussein is gone, and no government-supported oppression of people exists, another form of tyranny persists: Iraq's modern economy is burdened with $383 billion in public debt and judgments. Adding insult to injury, after the coalition troops drove up to Baghdad through the desert, Iraq's banking system turned out to be insolvent.

Go to article

Publicity Rights As Property Rights, David Westfall, David Landau Jan 2005

Publicity Rights As Property Rights, David Westfall, David Landau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault Jan 2005

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market. This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …

Go to article

Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas C. Howson Jan 2005

Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas C. Howson

Articles

Mr. Chairman, colleagues, and friends: It is a great honor for me to be able to address this group of experts and legislators, and many colleagues and friends, on a topic I care deeply about-the regulation of so-called public companies, both outside of China and, since the early 1990s, inside of China. First, and with many of the others invited to participate in this conference today and tomorrow, I thank the Office of Legislative Affairs ("OLA") of the State Council of the People's Republic of China ("PRC") as well as the China Securities Regulatory Commission ("CSRC") for convening this very …

Go to article

Unity And Pluralism In Contract Law, Nathan B. Oman Jan 2005

Unity And Pluralism In Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.

Go to article

The Case Of The Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions In Federal Statutes And International Treaties?, Diane Lourdes Dick Jan 2005

The Case Of The Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions In Federal Statutes And International Treaties?, Diane Lourdes Dick

Faculty Articles

This article analyzes conflicts that arise under international agreements that define and protect foreign ownership interests in civil aircraft, on the one hand, and domestic laws that allow Americans to bring suit against state sponsors of terrorism, on the other hand. Finding that courts often perform concealed interest analyses under the guise of mechanical application of canons of construction, this article recommends a comparative impairment interest analysis approach to resolving this and related conflicts.

Go to article

The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till Jan 2005

The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till

Seattle University Law Review

This article surveys the contemporary status of Washington's navigability doctrine and public trust laws and proposes a solution to the increased conflicts between riparian property owners and recreational river users. Part II addresses the federal navigability jurisprudence that establishes the minimum standards for determining whether a river is navigable. Part III surveys the law of navigability and the public trust doctrine in Washington. Part IV highlights the importance of recreation to Washington residents. Part V analyzes how other jurisdictions, particularly Montana, have resolved conflicts between recreationalists and riparian property owners. Part VI argues that Washington should adopt a recreational boat …

Go to article

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown Jan 2005

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

Articles

Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …

Go to article

Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin Jan 2005

Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin

Faculty Scholarship

This Article provides a summary comparison of the processes in the United States and Canada for governmental approval of bank mergers. The topic came to prominence in 1998 when four of Canada's five largest banks unveiled plans that would have resulted in the Royal Bank of Canada merging with the Bank of Montreal and the Toronto Dominion Bank combining with the Canadian Imperial Bank of Commerce ("CIBC"). These proposed mergers were rejected by the then Finance Minister, Paul Martin. The reasons given included: (1) the resulting banking industry structure would have concentrated too much economic power in the hands of …

Go to article

International Contracting Meets Information Technology: Tales From A Transpacific Seminar, Daniel H. Foote Jan 2005

International Contracting Meets Information Technology: Tales From A Transpacific Seminar, Daniel H. Foote

Articles

The following account is in essence a personal memoir concerning the first year of what, at the time, was a novel course offering: an international negotiation simulation, conducted transnationally, in which teams of students from the University of Tokyo utilized e-mail, videoconference facilities, and other resources to negotiate a major acquisition agreement with teams of students from the University of Washington. I originally wrote the account in 2001. As of this writing, in early 2005, we have just completed the fifth year of the course; and in the interim, professors at a number of other universities have established courses along …

Go to article

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez Jan 2005

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez

Faculty Publications

No abstract provided.

Go to article

Going-Private Decisions And The Sarbanes-Oxley Act Of 2002: A Cross-Country Analysis, Ehud Kamar, Pinar Karaca-Mandic, Eric L. Talley Jan 2005

Going-Private Decisions And The Sarbanes-Oxley Act Of 2002: A Cross-Country Analysis, Ehud Kamar, Pinar Karaca-Mandic, Eric L. Talley

Faculty Scholarship

This article investigates whether the passage and the implementation of the Sarbanes-Oxley Act of 2002 (SOX) drove firms out of the public capital market. To control for other factors affecting exit decisions, we examine the post-SOX change in the propensity of public American targets to be bought by private acquirers rather than public ones with the corresponding change for foreign targets, which were outside the purview of SOX. Our findings are consistent with the hypothesis that SOX induced small firms to exit the public capital market during the year following its enactment. In contrast, SOX appears to have had little …

Go to article

Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand Jan 2005

Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand

Scholarly Works

This paper examines an ongoing debate about the origins and legitimacy of judicial review as practiced in Britain. I begin by examining how British law traditionally has attempted to justify judicial review of governmental actions. I then discuss how that orthodox view has been challenged, and how the proponents of the orthodoxy responded to that challenge. In doing so, I explain how the British debate has evolved into a far-reaching examination of the role of interpretive methodologies in legitimating judicial power. I conclude by exploring how the richness and depth of the British discussion can inform the larger debate about …

Go to article

Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo Jan 2005

Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.

Go to article

The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow Jan 2005

The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow

Faculty Publications

Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.

Go to article

First Prev Next Last