Comparative and Foreign Law Commons^™

Authority Heuristics, David J. Gerber

All Faculty Scholarship

Language plays two roles in acquiring knowledge of foreign law. One is obvious - it provides access to information. Language also performs, however, a second function that is less frequently acknowledged, but no less important: it shapes what we know. This knowledge-shaping (or "cognitive") role conditions all knowledge of foreign law, and it is seldom explored. This article focuses on one aspect of this cognitive role of language. It examines the ways in which assumptions about the authority of legal language shape and often fundamentally distort our knowledge of foreign law and foreign legal systems. My central claim is that …

Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber

All Faculty Scholarship

No abstract provided.

Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

Courts As Experts In European Merger Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

Discussed In Federico Stella, The Vitality Of The Covering Law Model: Considerations On Wright And Mackie, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott R. Lyons, Tali Neuwirth

ILSA Journal of International & Comparative Law

In September 2002, President Bush and his national security team released the annual review of the United States' National Security Strategy.

Internet Taxation & Burkina Faso: A Case Study, Scott Budnick

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries

Broad Stock Ownership: The Hurdle For Minority Shareholder Rights Development In Latin America, David Orozco

ILSA Journal of International & Comparative Law

Corporate governance reform has taken center stage in Latin America. Due to weak investor protection laws, Latin America has suffered decreased liquidity in its securities markets and this poses a troubling situation for these economies.

Amplia Propiedad De Acciones: La Barrera Para El Desarrollo De Los Derechos De Accionistas De Minoria En America Latina, David Orozco

ILSA Journal of International & Comparative Law

La reforma de gobemaci6n corporativa ha tornado un enfoque primario en America Latina.

Los Estados Unidos Y Africa Sobre La Mgf: Comparative Culturales, Resoluciones Y Derechos, Julie R. Hess

ILSA Journal of International & Comparative Law

Cuando comenc6 a investigar sobre la mutilaci6n genital femenina (en lo sucesivo "MGF"), tenfa una posici6n persistente de cambio para aquellas quienes son forzadas a someterse a la MGF, aquellas que permiten que la prdctica sea efectuada en ellas o, a fortiori, aquellas que la llevan a cabo ellas mismas sobre sus propios hijos u otros miembros familiares.

Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart

ILSA Journal of International & Comparative Law

The Treaty of Chaguaramas, as amended by the Grand Anse Declaration and other documents pertinent to the creation of the Caribbean Single Market & Ecorjomy (CSME)', outlines the establishment of a Common Market and eventual creation of an Economic Union.

Tributacion De Internet Y Burquina Faso: Estudio De Un Caso, Scott Budnick

ILSA Journal of International & Comparative Law

Una de las criticas mAs comunes de globalizaci6n moderna es que esta tendencia estd conduciendo a "una mayor desigualdad dentro de paises."

Sovereign Immunity: Ramifications Of Altmann, Jenny Adelman

ILSA Journal of International & Comparative Law

The Altmann family has tried for half a century to recover their valuable paintings from the Austrian government.

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

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."

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

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.

United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess

ILSA Journal of International & Comparative Law

When I began researching female genital mutilation (hereinafter "FGM"), I was adamant about change for those who are forced to submit to FGM, those who allow the practice to be performed on themselves or, afortiori, to perform it themselves on their own children and other family members.

Why Can't We Do What They Do? National Health Reform Abroad, Timothy Stoltzfus Jost

Scholarly Articles

This article describes how other countries organize and finance their health care systems, and how the performance of those health care systems compares with that of the United States. It also examines why the United States, unlike all other developed countries, has failed to provide universal access to health care services.

The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz

Florida State University Journal of Transnational Law & Policy

No abstract provided.

When Her Feet Touch The Ground: Conflict Between The Roma Familistic Custom Of Arranged Juvenile Marriage And Enforcement Of International Human Rights Treaties, Jeff Timmerman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown

UC Law SF International Law Review

One of the leading justifications for the 2003 U.S.-led invasion of Iraq and removal of the Ba'ath Party from power was that Iraq had developed chemical and biological weapons, and was rapidly developing nuclear capability. The author's previous article, "Enforcing Arms Control Agreements by Military Force: Iraq and the 800-Pound Gorilla," argued that the invasion was lawful, even without Security Council authorization, by taking a new, injury-remedy approach to war theory. With no weapons of mass destruction yet found in Iraq, new justifications must be found to legitimate the invasion. The author revisits the injury-remedy approach, incorporating good and bad …

Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Year In Review: The International Environment Community Celebrates A Series Of Successes But Laments The One That Got Away, Ronald C. Smith, Tikkun A. S. Gottschalk, Jeff Timmerman, Jennifer Ringsmuth

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Copyright Protection For Perfumes, Thomas G. Field Jr

Law Faculty Scholarship

In June 2004, the Lancome opinion from the Netherlands held that perfume compositions are copyrightable. NautaDutilh, the firm that represented Lancome, claimed the ruling was "internationally groundbreaking."

The thesis of this paper is that the Dutch Court erred in protecting compositions rather than scents or fragrances. As discussed below, such an approach runs afoul of basic copyright principles here and abroad.

Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

State Regulation Of Cruise Ship Pollution: Alaska's Commercial Passenger Vessel Compliance Program As A Model For Florida, Stephen Thomas Jr.

Florida State University Journal of Transnational Law & Policy

No abstract provided.