Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic,
2021
Charles University, Prague
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan
Law Faculty Scholarly Articles
Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …
The Pearl Of Siberia: The Emerging Threat To Lake Baikal,
2021
University of Kentucky
The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Two Steps Forward, One Step Back? An Attempt To Cure Due Process Paranoia,
2021
Singapore Management University
Two Steps Forward, One Step Back? An Attempt To Cure Due Process Paranoia, Louis Yi Hang Lau
Singapore Law Journal (Lexicon)
Time, cost and quality. These are the qualities that an efficient arbitration must have. In recent times, however, the arbitral process has struggled to maintain this balance, with the efficiency of the arbitral process rated among the top five worst characteristics of international arbitration. The fact that parties may resort to a curial review of arbitral awards in an annulment or refusal of enforcement action merely adds on to this delay.
Shareholder Inspection Rights In China: An Empirical Inquiry,
2021
UC Law SF
Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang
UC Law SF International Law Review
Drawing upon overseas experiences, notably the U.S., China introduced the legal regime for shareholder inspection rights in its first national company law and over the years, has gradually developed more detailed rules and made amendments intended to better suit the local conditions. Apart from written law, this paper also conducts an empirical study of how the law has been applied in practice, by examining relevant cases adjudicated from 2012 to 2017. The empirical findings show that China’s shareholder inspection rights have some distinctive features, and there are similarities and differences between China and the U.S. (as represented by Delaware). Despite …
Contract Law In The Agri-Food Supply Chain,
2021
Università degli Studi del Piemonte Orientale “A. Avogadro”
Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi
FIU Law Review
No abstract provided.
Protecting Culturally Identifiable Fashion: What Role For Gis?,
2021
FIU College of Law
Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu
FIU Law Review
No abstract provided.
Can Investment Dispute Settlement Ever Be Depoliticized?,
2021
Faculty of Law of the Chinese University of Hong Kong
Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões
Cardozo International & Comparative Law Review
Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party appointment is a tool ofpolitical influence over the arbitrators' interpretative space. Suggestions for reform of the system have proliferated. The most radical proposal currently on the table-the creation of a permanent investment court-would cause a paradigm shift in the selection of adjudicators, moving from a disputing party framework, to a treaty party context. This article analyzes different options to reduce …
Is There A New Extraterritoriality In Intellectual Property?,
2021
Emory University School of Law
Is There A New Extraterritoriality In Intellectual Property?, Timothy R. Holbrook
Faculty Articles
This Article proceeds as follows. Part I discusses the state of the law of extraterritoriality in copyright, trademark, and patent, as it stood before the Supreme Court’s recent intervention. This review demonstrates that all three disciplines were treating extraterritoriality very differently, and none were paying much attention to the presumption against extraterritoriality. Part II reviews a tetralogy of recent Supreme Court cases, describing the Court’s attempt to formalize its approach to extraterritoriality across all fields of law. Part III analyzes the state of IP law in the aftermath of this tetralogy of extraterritoriality cases. It concludes that there has been …
The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia,
2021
Indiana University Maurer School of Law
The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia, Deborah A. Widiss
Articles by Maurer Faculty
The United States and Australia are unusual in their approach to providing paid time off to new parents. Virtually every other country in the world provides maternity leaves that are far longer than paternity leaves, even if they also provide supplemental parental leave available to either parent. Recently-enacted laws in the United States and Australia, by contrast, eschew sex-specific classifications entirely. But, while both adopt gender-neutral approaches, they are structured quite differently. American laws provide each parent equal and non-transferable benefits; Australian law provides an extended period of benefits to a “primary” caregiver, and a much shorter period of benefits …
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions,
2021
Climate Leadership Council & Georgetown University Law Center
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Dickinson Law Review (2017-Present)
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Bargaining Justice: Negotiating Law In An Indian Bazaar,
2021
Seattle University School of Law
Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman
Seattle University Law Review
This Symposium Article details the bazaars in the city of Banaras and explains why it is an especially good test case for considering the topic at hand: Corporate Capitalism and the City of God. The article explores how Banaras challenges normative views of “corporate capitalism,” both in terms of how it is practiced in the city and the rules that govern it. It further focuses on the legal system that is mobilized to guide commercial exchange and daily life in the bazaars of Banaras, this legal system’s relationship to the city’s courts and police, and the relationship between these two …
Legal Translation In A Political Context: The Trick Of Choosing Between Alternatives In Translating Electoral Terms,
2021
Aga Khan University
Legal Translation In A Political Context: The Trick Of Choosing Between Alternatives In Translating Electoral Terms, Zakia Deeb
Abdou Filali-Ansary Occasional Paper Series
Legal electoral terminology is a specialist subject within the broader legal language discourse. When translating into Arabic, even basic electoral terms can be translated differently in different Arab countries for various reasons due to different sources of inspiration. Most legal electoral terms have a variety of alternative equivalents within the relevant linguistic field or semi-legal domain. This paper discusses such alternatives while presenting problems related to the existing resources in the field. Data collected from the 2012 election of members of the Libyan General National Congress are analysed to test the consistency in selecting from these alternatives. Furthermore, material presented …
A Philosophical Inquiry Into The Concept Of Territorial Sovereignty: A New Analytical Framework Of The Territorial Disputes In The China Seas,
2021
School of Law, South China University of Technology
A Philosophical Inquiry Into The Concept Of Territorial Sovereignty: A New Analytical Framework Of The Territorial Disputes In The China Seas, Henan Hu
Cardozo International & Comparative Law Review
Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial sovereignty within territorial disputes by engaging in a philosophical inquiry to examine if the concept could be more fully understood and to ask to what extent do historical claims relate to the concept of territorial sovereignty and international law. This article argues that a definite answer to these …
Masthead - Cardozo International & Comparative Law Review, Vol. 5 (2021-22),
2021
Yeshiva University, Cardozo School of Law
Masthead - Cardozo International & Comparative Law Review, Vol. 5 (2021-22)
Cardozo International & Comparative Law Review
No abstract provided.
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy,
2021
American University Washington College of Law
It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia
FIU Law Review
No abstract provided.
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato,
2021
University of Antwerp
Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando
FIU Law Review
No abstract provided.
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders,
2021
University of Oslo
Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone
FIU Law Review
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties,
2021
United Nations Assistance Mission in Afghanistan
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
FIU Law Review
No abstract provided.
Narratives Of Quality In European Food Governance And Beyond,
2021
Università di Scienze Gastronomiche di Pollenzo
Narratives Of Quality In European Food Governance And Beyond, Lorenzo Bairati
FIU Law Review
No abstract provided.
