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Articles 9901 - 9930 of 13866

Full-Text Articles in Comparative and Foreign Law

The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston Sep 2000

The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston

BYU Law Review

No abstract provided.

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Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith Sep 2000

Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith

BYU Law Review

No abstract provided.

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Some Controversial Aspects Of The New Brazilian Arbitration Law, Arnoldo Wald, Patrick Schellenberg, Keith S. Rosenn Jul 2000

Some Controversial Aspects Of The New Brazilian Arbitration Law, Arnoldo Wald, Patrick Schellenberg, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

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The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril Jul 2000

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril

Cardozo Journal of International and Comparative Law

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

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Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe Jul 2000

Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe

Cardozo Journal of International and Comparative Law

The note examines the challenges to freedom of expression in Israel, highlighting the absence of a written constitution and the tension between security concerns, religious influences, and democratic values. It argues that while the High Court of Israel has played a crucial role in protecting civil liberties, the lack of constitutional protections leaves freedom of expression vulnerable, particularly in cases involving national security and religious sensibilities.

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International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam Jul 2000

International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article, written by Malvina Halberstam, reflects on the 50th anniversaries of the Universal Declaration of Human Rights (UDHR) and the Israeli Supreme Court. It highlights the significance of the UDHR in establishing individual rights within international law and compares the protection of these rights in U.S. and Israeli domestic laws. While the U.S. Constitution provides robust protection for many UDHR rights, the article critiques the U.S. for its slow ratification of human rights treaties and the practice of adding reservations, particularly the declaration of treaties as non-self-executing. It also addresses concerns about restrictions on freedom of expression in Israel, …

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The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone Jul 2000

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone

Articles

The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.

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Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann Jul 2000

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …

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The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver Jun 2000

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

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German Mdps: Lessons To Learn, Laurel Terry Jun 2000

German Mdps: Lessons To Learn, Laurel Terry

Faculty Scholarly Works

This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …

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The Bolar Amendment Abroad: Preserving The Integrity Of American Patents Overseas After The South African Medicines Act, Matthew Kramer May 2000

The Bolar Amendment Abroad: Preserving The Integrity Of American Patents Overseas After The South African Medicines Act, Matthew Kramer

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng May 2000

The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng

Washington International Law Journal

The judgment of the Hong Kong Court of Final Appeal ("CFA") in the right of abode case has created several constitutional issues, three of which will be addressed in this paper. They are: (1) whether the CFA has the authority to review Chinese legislation; (2) whether the National People's Congress Standing Committee ("NPCSC") should interpret or amend the Basic Law; and (3) whether an original legislative intent approach or a purposive approach should be adopted for the interpretation of the Basic Law. Prompt resolution of these issues is necessary to resolve constitutional uncertainty in Hong Kong. Successful resolution of these …

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Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim May 2000

Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim

Washington International Law Journal

Under Korean law, local theaters in Korea must show Korean films for at least 146 days each year. In 1998, this screen quota became the subject of heated debate between the United States and the Korean film industry when the United States demanded that Korea abolish it. The United States believes the quota violates free trade principles, while the Korean film industry argues that cultural products such as films cannot be equated with other commercial commodities. Cultural identities must be protected because a diversified global culture benefits all. Domestic film industries should be protected because films constitute a vehicle for …

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Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi May 2000

Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi

Washington International Law Journal

Japan's Nationality Law has evolved into a law that tends to prevent or eliminate dual nationality. This characteristic conforms with the traditional view that every country should take steps to avoid situations of dual nationality. It also fits in with Japan's cultural homogeneity and long-developed sense of national loyalty. For over a century, the world viewed dual nationality as an evil to be avoided because of conflict of loyalty problems and difficulties with diplomatic protection. However, the postwar globalization process has produced a desire in many people to have dual nationality as a part of their global identity. Fewer conflicts …

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The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney May 2000

The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney

Washington International Law Journal

In response to pressure from the United States, Thailand amended its Patent Act in 1992 and 1999 to provide patent protection for drugs and to limit its control on the pricing, importation, and compulsory licensing of patented drugs. These amendments and, perhaps even more importantly, the threat of U.S. trade sanctions, will probably ensure continued high prices and thus restricted access to new, patented Acquired Immune Deficiency Syndrome ("AIDS") drugs in Thailand. These drugs have dramatically changed the length and quality of life of patients infected with Human Immunodeficieny Virus ("HIV") in developed countries. About one million Thais are infected …

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The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor May 2000

The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor

Washington International Law Journal

On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …

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A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson May 2000

A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson

Washington International Law Journal

For the past three decades, the repressive military junta that has ruled Burma has engaged in torture, extra-judicial killings, compulsory labor, and arbitrary arrests and detentions. Economic growth and human development in Burma have stagnated. In response to human rights abuses and uninhibited drug production and trafficking, the United States imposed investment sanctions on Burma in 1997. However, Burma's regional alliances and illicit profits from drugs have filled any vacuum left by withdrawal of U.S. investments and have neutralized the effect of the sanctions. Therefore, the United States needs to rethink its current sanctions scheme. The United States should consider …

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Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat May 2000

Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat

Washington International Law Journal

Both Japan and the United States face the ongoing threat of intentional and preventable pollution. From 1970 until the mid-1980s, Japan utilized its environmental crime laws to punish and prevent intentional and preventable acts of pollution. After this period, however, the number of environmental crime arrests and prosecutions in Japan declined. In contrast, since the 1980s, the United States has continued to expand the number of prosecutors and investigators dedicated to the enforcement of environmental crime laws. These divergent trends can be explained by the different pollution histories, enforcement personnel structures, regulatory strategies, and case law of the two countries. …

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The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi May 2000

The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi

Cardozo Law Review

No abstract provided.

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Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato May 2000

Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato

Cardozo Law Review

No abstract provided.

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Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard May 2000

Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard

Cardozo Law Review

No abstract provided.

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Franco's Spain, Queer Nation?, Gema Pérez-Sánchez Apr 2000

Franco's Spain, Queer Nation?, Gema Pérez-Sánchez

University of Michigan Journal of Law Reform

This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.

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Querying A Queer Spain Under Franco, Peter Kwan Apr 2000

Querying A Queer Spain Under Franco, Peter Kwan

University of Michigan Journal of Law Reform

There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …

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Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud Apr 2000

Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud

University of Michigan Journal of Law Reform

Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …

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Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther Apr 2000

Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid Apr 2000

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid

Cardozo Journal of International and Comparative Law

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …

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Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger Apr 2000

Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger

Faculty Works

In response to problems encountered in the administration of justice in Northern Ireland, the British government issued the Criminal Evidence (Northern Ireland) Order 1988 changing the character of how the right to silence and privilege against self-incrimination would apply in criminal justice proceedings occurring within Northern Ireland. In general terms, the Order provided that suspects under interrogation and criminal defendants at trial would be subject to adverse inferences if they failed to answer police questions or refused to testify in court. The Order included some qualifications on when and how adverse inferences would be used, and provided that such use …

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The Effectiveness Of The Comprehensive Test Ban Treaty On Nuclear Weapons Proliferation: A Review Of Nuclear Nonproliferation Treaties And The Impact Of The Indian And Pakistani Nuclear Tests On The Non-Proliferation Regime, Vejay Lalla Apr 2000

The Effectiveness Of The Comprehensive Test Ban Treaty On Nuclear Weapons Proliferation: A Review Of Nuclear Nonproliferation Treaties And The Impact Of The Indian And Pakistani Nuclear Tests On The Non-Proliferation Regime, Vejay Lalla

Cardozo Journal of International and Comparative Law

The Comprehensive Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) are insufficient to curb nuclear proliferation due to weaknesses in their enforcement mechanisms, loopholes in their provisions, and challenges posed by new nuclear states like India and Pakistan. The treaties fail to address critical issues such as arbitrary withdrawal clauses and inadequate verification systems, undermining their effectiveness in achieving global nuclear disarmament.

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Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

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Table Of Contents Mar 2000

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

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