Comparative and Foreign Law Commons^™

A Life In The Craft Of Comparative Law, John C. Reitz

Michigan Law Review

It is obvious to specialists in the law of the European Union ("E.U.") - a relatively small but steadily growing group in the United States - that a "retrospective" collection of Eric Stein's writings would be of great interest. From his 1955 article in the Columbia Law Review, the first article about the Court of Justice of the European Coal and Steel Community to appear in English (p. 473), he has been one of the dominant U.S. scholars of what was initially called "European Community" ("E.C.") law after the three original European Communities2 and more recently has been rechristened "European …

Constructing Baseball: Boston And The First World Series, Roger I. Abrams

Cardozo Law Review

No abstract provided.

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan

UF Law Faculty Publications

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …

The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci

The Journal of Appellate Practice and Process

No abstract provided.

2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta

CAO General 1999-Present

This statement by the World Bank in the context of its support for the largest private sector investment project in sub-Saharan Africa illustrates the problem in a nutshell. Can the world’s most powerful development agency achieve its goal of reducing poverty where political rights are repressed, where freedom of expression and discussion are absent and opposition forces are persecuted? This Article reflects a perspective drawn from the experience of Northern environmental organizations, such as Environmental Defense, which work closely with community groups, church groups, and development and human rights organizations as well as trade unions in many devel¬ oping countries. …

"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long

Cardozo Journal of International and Comparative Law

The article examines the evolving relationship between culture and intellectual property in the context of globalization, arguing that the current international harmonization process under the TRIPS Agreement is coercive and undemocratic, disproportionately favoring developed countries. It advocates for a more inclusive and balanced approach to harmonization that considers the diverse needs of developing countries and ensures equitable protection of intellectual property while preserving cultural and public domain interests.

A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin

Cornell Law Faculty Publications

In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. In contrast, the prevailing standard of proof for civil cases in civil-law systems is indistinguishable from the standard for criminal cases: the judge must be firmly convinced that the facts alleged are true. This striking difference in common-law and civil-law procedures has received very little attention from either civilian or comparative scholars.

The preponderance standard applied in common-law systems is openly probabilistic and produces, on average, …

Bijuralism In Legal Education: A French View, Xavier Blanc-Jouvan

Journal of Legal Education

No abstract provided.

Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy

Journal of Legal Education

No abstract provided.

The Louisiana State University Law Center's Bijural Program, John J. Costonis

Journal of Legal Education

No abstract provided.

Maladroit Or Not? Learning To Be Of Two Minds In The New Bijural Law Curricula, David Howes

Journal of Legal Education

No abstract provided.

Mcgill's Integrated Civil And Common Law Program, Yves-Marie Morissette

Journal of Legal Education

No abstract provided.

Global Law In The Perspective Of The Bijural Curriculum, Saúl Litvinoff

Journal of Legal Education

No abstract provided.

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.

The Elementary Economics Of Bijuralism: A First Cut, James W. Bowers

Journal of Legal Education

No abstract provided.

On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley

Journal of Legal Education

No abstract provided.

Introduction: Global Law And The Law School Curriculum, John J. Costonis

Journal of Legal Education

No abstract provided.

Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude

Washington International Law Journal

Hong Kong, like much of the world, is facing public criticism about the operation and accessibility of its civil litigation system. One judge and scholar has suggested increased use of a litigation rule requiring solicitors to pay any costs wasted by their misconduct. By comparing this rule to its counterparts in the United Kingdom and the United States, it becomes apparent that such a solution could work to improve litigation in Hong Kong. Increased use of the rule would compensate parties injured by abusive litigation tactics and deter solicitors from engaging in misconduct to line their pockets or win for …

Translation And Analysis Of The Doctrine Of Information Security Of The Russian Federation: Mass Media And The Politics Of Identity, Douglas Carman

Washington International Law Journal

The Doctrine of Information Security of the Russian Federation was one of the first policy documents issued by President Vladimir Putin's Security Council. The Doctrine, ostensibly drafted as a security policy document, was severely criticized by the Russian press and civil libertarians for its undue attention to the mass media and the prominence of politicized symbols of identity. The document extends the conventions of security policy discourse into the domain of information, thus legitimizing state intervention in the production of social knowledge. The Doctrine's textual representation of threat, or "discourse of danger," delimits the boundaries of national identity and legitimizes …

A Comparative Analysis Of Selected Aspects Of Patent Law In China And The United States, Louis S. Sorell

Washington International Law Journal

China's recent admission to the World Trade Organization will bring increased attention to China's patent law, especially as foreign companies expand their technology-based presence in China. This Article summarizes the development of patent law in the United States and China, and compares various aspects of Chinese and American patent law. These aspects include the administrative and judicial hierarchy of the American and Chinese patent systems, patentability requirements, infringement and validity issues, the availability of injunctive relief, and the determination of monetary damages. The Article also discusses the compulsory licensing provisions of China's patent law. Similarities and differences of each patent …

What's Yours Is Mine: Reform Of The Property Division Regime For Unmarried Couples In New Zealand, Virginia Grainer

Washington International Law Journal

In February 2002, when the Property (Relationships) Act came into force, unmarried couples in New Zealand became subject to the same legislative regime for division of property that has applied to married couples since the 1970s. The statutory regime is based on a deferred community property principle. Both partners are free to deal with their own property during the relationship, but at the end of the relationship all property is classified as either relationship property or separate property. Relationship property usually includes all property acquired by either party during the relationship. There is a presumption that this property must be …

"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser

Washington International Law Journal

On August 26, 2001, Australia attracted worldwide media attention by refusing entry to over 430 Afghan and Iraqi asylum seekers who were rescued at sea by a Norwegian freighter. Australia's Parliament subsequently passed legislation to heighten already strict migration laws pertaining to boat migrants. Even though Australia is party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, recent developments in national asylum policies retreat from the legal obligations, as well as the spirit, of these international treaties. Australia, however, is not the only country acting to deter boat migrants; the United States, for example, …

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka

Cardozo Law Review

No abstract provided.

Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Foreign Sovereign Immunities Act And The Human Rights Violations, Elizabeth Defeis

ILSA Journal of International & Comparative Law

The Foreign Sovereign Immunities Act (FSIA) was enacted in 1976 and provides the sole basis for obtaining jurisdiction over a foreign state in the federal courts.'

Panel On Peacekeeping: Legal And Political Issues, Roy S. Lee

ILSA Journal of International & Comparative Law

Lee: Welcome to this panel, dealing with one of the most important activities of the United Nations, peacekeeping operations.

Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali

ILSA Journal of International & Comparative Law

When this panel was originally conceived, we could not have anticipated the extent to which the limits of international law would have to be stretched by events in the city where our conference would be held.

The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert

ILSA Journal of International & Comparative Law

As someone who has been close to the ICC for more than fifteen years, my position on this afternoon's topic must seem preordained, except to those cynical enough to believe that familiarity breeds contempt rather than. more familiarity.

Mirando A Traves De Un Cristal Oscuramente: Aplicando Los Lentes Del Cubism Social Al Conflicto De Policia-Minoria En America, K. Michelle Scott

ILSA Journal of International & Comparative Law

En los tiltimos afios, ha habido una corriente continua de preocupaci6n e inter6s creciente en las naciones del mundo sobre el empleo por parte de las autoridades de fuerza excesiva y brutal, a veces mortal donde las circumstancias no garantizan tales acciones.

Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller

ILSA Journal of International & Comparative Law

In the United States federalist model, constituent states haven't much opportunity to irritate foreign nations.