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

Comparative and Foreign Law Commons™

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

14,107 Full-Text Articles 12,246 Authors 14,798,749 Downloads 164 Institutions

All Articles in Comparative and Foreign Law

Faceted Search

14,107 full-text articles. Page 124 of 371.

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham 2022 University of Georgia School of Law

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.


Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy 2022 Health Law Institute at the University of Neuchâtel; Tel Aviv University

Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy

Michigan Journal of Gender & Law

This paper tells a story of shifting normativities, from tradition to modernity and back, regarding the recognition of legal parenthood in non-traditional families created through crossborder surrogacy. The cross-border nature of the surrogacy is often forced as most domestic legal frameworks in Europe still restrict the creation of non-traditional families through assisted reproductive technologies. Once back home, these families struggle to have birth certificates recognized and establish legal parenthood. The disjuncture between social reality and domestic law creates a situation of legal limbo. In its recent case law, the European Court of Human Rights has pushed for domestic authorities to …


Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke 2022 University of Michigan Law School

Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke

Michigan Journal of Gender & Law

Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and, second, an indirect sex …


Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak 2022 Northeastern University

Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak

University of Michigan Journal of Law Reform

Algorithmic accountability law—focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools—is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of group-level harms such as discrimination and modes of democratic participation. While a welcome and long overdue shift, the current discourse ignores systems like databases, which are viewed as technically “rudimentary” and often siloed from regulatory scrutiny and public attention. Additionally, burgeoning regulatory proposals like algorithmic impact assessments are not structured to surface important –yet …


Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. TI 2022 Singapore Management University

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …


Masthead & Table Of Contents, 2022 Schulich School of Law, Dalhousie University

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.


Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros 2022 The American University in Cairo AUC

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …


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

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway 2022 Southern Methodist University

Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway

The Year in Review

No abstract provided.


Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez 2022 Southern Methodist University

Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez

The Year in Review

No abstract provided.


Latin America & Caribbean, Mauricio Becerra de la Roca Donoso, José Francisco Mafia, Leonardo Sempértegui 2022 Southern Methodist University

Latin America & Caribbean, Mauricio Becerra De La Roca Donoso, José Francisco Mafia, Leonardo Sempértegui

The Year in Review

No abstract provided.


India, Kavita Mohan, Aseem Chawla, Jonathan Blank, Abhishek A. Rastogi, Monisha A. Coelho, Satyajit Gupta, Jaipat S. Jain, Anmabh Choudhary, Aditi Joshi, Assem Chawla, Priyanka Mongia, Poorvi Chothani, Ashwina Pinto, Namrata Patodia Rastogi, Katherine Golden 2022 Southern Methodist University

India, Kavita Mohan, Aseem Chawla, Jonathan Blank, Abhishek A. Rastogi, Monisha A. Coelho, Satyajit Gupta, Jaipat S. Jain, Anmabh Choudhary, Aditi Joshi, Assem Chawla, Priyanka Mongia, Poorvi Chothani, Ashwina Pinto, Namrata Patodia Rastogi, Katherine Golden

The Year in Review

No abstract provided.


European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein 2022 Southern Methodist University

European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein

The Year in Review

No abstract provided.


Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio 2022 Southern Methodist University

Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio

The Year in Review

No abstract provided.


China, Athena Jiangxiao Hou, Michael Dewey, Qing Lyu, Wei Huang, Steven Shengxing Yu, Ming Li, Ken Dai, Jingbing Li, Yanling Zheng, Hunter Wenxiong Qiu, Qiuming Chen, Rong Kohtz, Asen Velinov 2022 Southern Methodist University

China, Athena Jiangxiao Hou, Michael Dewey, Qing Lyu, Wei Huang, Steven Shengxing Yu, Ming Li, Ken Dai, Jingbing Li, Yanling Zheng, Hunter Wenxiong Qiu, Qiuming Chen, Rong Kohtz, Asen Velinov

The Year in Review

No abstract provided.


Canada, Angela E. Springate, Jacqueline R. Bart, John W. Boscariol, Chelsey Colbert, Robert A. Glasgow, Theodore Goloff, Annsley Kesten, Kevin Massicotte, Adam Mauntah, Claire Seaborn, Clifford Sosnow, Petra Stewart 2022 Southern Methodist University

Canada, Angela E. Springate, Jacqueline R. Bart, John W. Boscariol, Chelsey Colbert, Robert A. Glasgow, Theodore Goloff, Annsley Kesten, Kevin Massicotte, Adam Mauntah, Claire Seaborn, Clifford Sosnow, Petra Stewart

The Year in Review

No abstract provided.


Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch 2022 Southern Methodist University

Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch

The Year in Review

No abstract provided.


Epidemics And International Law: The Need For International Regulation, Claudio Grossman 2022 American University Washington College of Law

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …


The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-López, R. Denisse Córdova Montes, Max Zoberman 2022 University of Miami School of Law

The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-López, R. Denisse Córdova Montes, Max Zoberman

University of Miami International and Comparative Law Review

Many commentators have referred to domestic violence and other forms of gender-based violence (GBV) in the age of COVID-19 as a “double pandemic.” Based on results of a mixed-methods study on the impact of the COVID-19 pandemic on GBV in South Florida, conducted by the Human Rights Clinic of the University of Miami School of Law, in close collaboration with community-based organizations,1 this article offers a proposal for an expanded normative human rights framework to address domestic violence and other forms of GBV. The local study sought to elucidate the pathways that link pandemics such as COVID-19 and GBV, highlight …


Louis Henkin Memorial Lecture, Juan E. Mendez 2022 University of Miami Law School

Louis Henkin Memorial Lecture, Juan E. Mendez

University of Miami International and Comparative Law Review

No abstract provided.


Digital Commons powered by bepress