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Court Polarization: A Comparative Perspective, Iddo Porat 2023 University of California, Hastings College of the Law

Court Polarization: A Comparative Perspective, Iddo Porat

Hastings International and Comparative Law Review

Polarization is on the rise around the globe. Political views are driven to the poles, and moderate views are weakened. Many studies have been carried out on the increase in social and political polarization, but far fewer on the effects of polarization on constitutional and supreme courts, and none on a comparative or global scale. This Article attempts to fill this gap. It aims, for the first time, to describe and typologize the effects of political polarization on constitutional and supreme courts in different parts of the world.

The Article identifies three models of such effects: mirror polarization (the U.S.) …


From The Editor-In-Chief, Monica Ratajczak 2023 University of California, Hastings College of the Law

From The Editor-In-Chief, Monica Ratajczak

Hastings International and Comparative Law Review

No abstract provided.


The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud 2023 University of California, Hastings College of the Law

The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud

Hastings International and Comparative Law Review

In this paper, I use the certainty-severity tradeoff as my analytical lens—a novel move in antitrust—to explain the difference between U.S. and Indian antitrust law. I argue that, in antitrust, India prefers certainty of enforcement while the U.S. prefers severity of enforcement. This difference is not driven by doctrine or economic policy; rather, I locate this difference in six key institutional factors. And using economic theory, I argue that a difference in social attitudes to risk explains and justifies this institutionally-manifested difference in law.


Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert 2023 University of California, Hastings College of the Law

Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert

Hastings International and Comparative Law Review

Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). If approved, states would be permitted to adopt domestic measures suspending the minimum protections afforded to Covid-19 vaccine patents under the TRIPS Agreement. In this article, I consider whether the owners of Covid-19 vaccine patents may have a compensable indirect expropriation claim under investment treaty arbitration against …


Masthead, 2023 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge 2023 University of California, Hastings College of the Law

Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge

Hastings International and Comparative Law Review

No abstract provided.


Just Transition Litigation In Latin America: An Initial Categorization Of Climate Litigation Cases Amid The Energy Transition, Maria Antonia Tigre, Lorena Zenteno, Marlies Hesselman, Natalia Urzola, Pedro Cisterna-Gaete, Riccardo Luporini 2023 Columbia Law School, Sabin Center for Climate Change Law

Just Transition Litigation In Latin America: An Initial Categorization Of Climate Litigation Cases Amid The Energy Transition, Maria Antonia Tigre, Lorena Zenteno, Marlies Hesselman, Natalia Urzola, Pedro Cisterna-Gaete, Riccardo Luporini

Sabin Center for Climate Change Law

Just transition litigation is a novel field representing a sub-set of climate change litigation cases that is under-researched and studied. The report provides a novel comparative analysis of legal developments found in 20 just transition litigation cases in four Latin American countries and questions whether initiatives for achieving energy transformation in the region may have erred in failing to consider key just transition principles or dimensions, leading applicants to bring legal cases to claim their rights or demand more just solutions. The cases found – limited to the energy sector – not only question decarbonization policies or projects (in typical …


Characterisation And Choice Of Law For Knowing Receipt, Adeline CHONG 2023 Singapore Management University

Characterisation And Choice Of Law For Knowing Receipt, Adeline Chong

Research Collection Yong Pung How School Of Law

Knowing receipt requires the satisfaction of disparate elements under English domestic law. Its characterisation under domestic law is also unsettled. These in turn affect the issues of characterisation and choice of law at the private international law level as knowing receipt sits at the intersection of the laws of equity, restitution, wrongs and property. This paper argues that under the common law, knowing receipt ought to be considered as sui generis for choice of law purposes and governed by the law of closest connection to the claim. Where the Rome II Regulation applies, knowing receipt fits better within the tort …


Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang 2022 University of Dundee, United Kingdom

Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang

Indonesia Law Review

On 21 December 2018, the European Union (EU) issued a regulation titled Renewable Energy Directive II (RED II), where the RED II policy introduced the indirect land use change (ILUC) criteria for palm oil. RED II states that palm oil is classified as a commodity with a “ high ILUC risk” type, and as such, the EU will gradually reduce palm oil consumption and no longer use palm oil by 2030. Indonesia brought this issue to WTO in 2020. Indonesia, through its consultation, argued that the RED II is inconsistent with the few provisions of the General Agreement on Tariffs …


An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah 2022 Faculty of Law, Hasanuddin University, Makassar, Indonesia,

An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah

Indonesia Law Review

Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer …


Front Matter And Table Of Contents, 2022 University of Miami Law School

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu 2022 Institute of Criminal Law, Law School, Southwestern University of Finance and Economics

Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu

University of Miami International and Comparative Law Review

Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …


Masthead, 2022 University of Miami Law School

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam 2022 University of Miami School of Law

The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam

University of Miami International and Comparative Law Review

This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create …


Gender Justice And Human Rights Symposium Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman 2022 University of Miami School of Law Human Rights Clinic

Gender Justice And Human Rights Symposium Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman

University of Miami International and Comparative Law Review

No abstract provided.


From The Vatican With Cash: Prosecuting Money Laundering In London Real Estate, Jane Tien 2022 Duke University School of Law

From The Vatican With Cash: Prosecuting Money Laundering In London Real Estate, Jane Tien

University of Miami International and Comparative Law Review

It is no news that donations from the Catholic faithful reemerge from the dark underground of Church finances as lace vestments, embroidered mitres, velvet slippers, and posh mansions. A year after Pope Francis announced the overhaul of the Vatican’s antimoney laundering (AML) laws, a makeshift courtroom in the Vatican Museum witnessed the largest criminal trial in the Vatican’s modern history. At the center was Cardinal Angelo Becciu—the former No. 3 in the Vatican—for allegedly defrauding the Vatican’s investment in London real estate. After the tumbrels, now comes the reckoning: How could the Vatican mend a broken system and effectively tackle …


Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba 2022 University of Hong Kong.

Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba

University of Miami International and Comparative Law Review

Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …


Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz 2022 University of Miami School of Law

Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz

University of Miami International and Comparative Law Review

This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of …


Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser 2022 Cleveland State University College of Law

Comparative Intellectual Property Protection For Marijuana: United States Vs. The European Union, Jillian Gosser

The Global Business Law Review

Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores …


Limited Shareholder Inspection Rights In Singapore: Worrying Legal Gap Or Unnecessary For Rankings?, Dan W. PUCHNIAK, TANG Samantha S. 2022 Singapore Management University

Limited Shareholder Inspection Rights In Singapore: Worrying Legal Gap Or Unnecessary For Rankings?, Dan W. Puchniak, Tang Samantha S.

Research Collection Yong Pung How School Of Law

Singapore’s formal corporate law and governance rules normally meet or exceed global standards – which explains why it regularly tops prominent Asian and global rankings for good corporate governance. As such, Singapore’s outlier status, as the only leading economy in Asia that does not provide a specific mechanism for shareholders to access corporate information, is puzzling.In this Article we aim to solve this puzzle by offering two explanations that appear to make sense out of Singapore’s outlier status as having an unusually restrictive shareholder inspection rights regime. The first, demand-side, explanation is that Singapore’s controlling shareholder-dominated landscape generates little demand …


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